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42 U.S.C. § 17951Relationship to other laws

submitted 17 years ago by Pub. L. 111-5 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 180 words · no verdicts yet

in plain englishAI-generated · not legal advice

The usual HIPAA rule about state law preemption also applies to this subchapter. Existing HIPAA privacy and security regulations stay in effect if they don't conflict with this subchapter. The Secretary must update them to match, but nothing here waives any existing legal privilege over health information.

(a) Applying HIPAA's state-preemption rule The state-preemption rule in Social Security Act section 1178 (42 U.S.C. § 1320d–7) applies to this subchapter the same way it applies to Part C of Title XI of the Social Security Act and to the standards adopted under Social Security Act sections 1172 through 1174. (b) Health Insurance Portability and Accountability Act of 1996 The privacy and security standards HHS already issued under HIPAA sections 262(a) and 264 stay in effect, as long as they're consistent with this subchapter. The Secretary must update those federal regulations by rule wherever needed to make them consistent with this subchapter. (c) Construction Nothing in this subchapter gives up or waives any legal privilege that would otherwise apply to a person's protected health information.
the actual law source: uscode.house.gov ↗public domain
(a) Application of HIPAA State preemption

Section 1178 of the Social Security Act (42 U.S.C. 1320d–7) shall apply to a provision or requirement under this subchapter in the same manner that such section applies to a provision or requirement under part C of title XI of such Act [42 U.S.C. 1320d et seq.] or a standard or implementation specification adopted or established under sections 1172 through 1174 of such Act [42 U.S.C. 1320d–1 to 1320d–3].

(b) Health Insurance Portability and Accountability Act of 1996

The standards governing the privacy and security of individually identifiable health information promulgated by the Secretary under sections 262(a) and 264 of the Health Insurance Portability and Accountability Act of 1996 shall remain in effect to the extent that they are consistent with this subchapter. The Secretary shall by rule amend such Federal regulations as required to make such regulations consistent with this subchapter.

(c) Construction

Nothing in this subchapter shall constitute a waiver of any privilege otherwise applicable to an individual with respect to the protected health information of such individual.

Source credit: (Pub. L. 111–5, div. A, title XIII, § 13421, Feb. 17, 2009, 123 Stat. 276.)

history & why it existsrecord from the source credit
  • 2009Enacted · Pub. L. 111-5 · 123 Stat. 276

A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-5 on 2009-02-17.

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