42 U.S.C. § 17951 — Relationship 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
This section applies HIPAA’s State-preemption rule to this subchapter. It keeps existing HIPAA privacy and security standards in effect when consistent with this subchapter and preserves otherwise applicable individual privileges.
(a) Application of HIPAA State* preemption
Section 1178 of the Social Security* Act (42 U.S.C. 1320d–7) applies to a provision or requirement under this subchapter in the same way that it applies to a provision or requirement under part C of title XI of that Act [42 U.S.C. 1320d et seq.] or to a standard or implementation specification adopted or established under sections 1172 through 1174 of that Act [42 U.S.C. 1320d–1 to 1320d–3].
(b) Health Insurance Portability and Accountability Act of 1996
The standards for the privacy and security of individually identifiable health information that the Secretary* issued under sections 262(a) and 264 of the Health Insurance Portability and Accountability Act of 1996 remain in effect to the extent they are consistent with this subchapter. The Secretary must amend the federal regulations by rule as needed to make them consistent with this subchapter.
(c) Construction
Nothing in this subchapter waives any privilege that otherwise applies to an individual concerning that individual’s protected health information*.
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].
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.
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.)
- 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.
all 0 arguments · sorted by: best
no arguments yet — make the first case