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State Hipaa Laws

state hipaa laws

If HIPAA rules are stricter than state law, which standard should you follow and why?

What if the state law was stricter?
(This question needs to be answered in 2 – 5 sentences)

You should go with whichever one is stricter. HIPAA is federal law, which means if it is violated, it is a federal violation and therefore prosecuted by the Feds (in Federal Court). Your state’s laws regarding privacy would be prosecuted in a State court by State prosecutors. In either case Federal laws and State laws can not contradict one another, if they do, the Federal law takes precedence. Having said that, just follow the law. If state law is stricter, then follow state law, if HIPAA is stricter than your state law, then follow HIPAA. Too easy.

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