Chapter 4: Preemption Issues
Index
Section I: Pertinent sections of HIPAA privacy regulations relating to preemption.
Section II: Office of Civil Rights
Section III: Web sites of interest
Section IV: Model forms/checklists/examples
Section I: HIPAA Privacy Regulations relating to preemption
Refer to the following sections of the HIPAA privacy regulations for information regarding preemption
under the rule:
Section 160.201 - Applicability
Section 160.202 – Definitions
Section 160.203 - Preemption of State Law - General Rule & Exception
Section 160.204 - Process for Requesting Exception Determinations
Section 160.205 - Duration of Effectiveness of Exception Determinations
Section 164.502 - Personal Representatives
Section 164.506 - Introduction to Consent for Uses or Disclosures to Carry Out Treatment, Payment, or Healthcare Operations
Section 164.506(a) - Consent Requirements
Section 164.512(a) - Uses & Disclosures Required by Law
Section 164.512(c) - Disclosures About Victims of Abuse, Neglect, or Domestic Violence
Section 164.512(e) - Disclosures for Judicial and Administrative Proceedings
Section 164.512(f) - Disclosures for Law Enforcement Purposes
You may view the regulations on line by accessing http://www.hhs.gov/ocr/hipaa/.
You may also view the regulations on line by accessing the web site of the law
firm of Bricker & Eckler, LLP at http://www.bricker.com/attserv/practice/hcare/hipaa\.
This web site is made available by the Ohio Hospital
Association. Access the Web site
directly to perform a search of any portion of the HIPAA regulation, complete
with comments and responses. The following links is are excerpt from the Bricker & Eckler site
regarding preemption issues.
Relationships With Other Federal Laws:
General Discussion on Relationship to Other Laws
Other mandatory Federal or State Laws
Gramm-Leach-Bliley
Employee Retirement Income Security Act of 1974
Federal Substance Abuse Confidentiality Requirements
Clinical Laboratory Improvement Amendments
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Section II: Office of Civil Rights
The Office of Civil Rights within Health & Human Services has been given the
responsibility to receive complaints about possible violations of the HIPAA
privacy regulations.
The HHS has issued “guidance” to hospitals, physicians, and health plans to help them understand their obligations to
patients under HIPAA. The “Guidance” can be accessed at the following Web site.
http://www.hhs.gov/ocr/hipaa/
There has not been any Guidance issued on preemption, as of yet. Consult this Web site routinely for updates to the Guidance.
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Section III: Web sites of interest
Workgroup for Electronic Interchange - WEDI:
http://www.wedi.org
http://www.wedi.org/snip/presentations/SNIP_Forum/Guide_010801a.pdf
(42 page document from WEDI, Beacon Partners – Health Care Management Consultants)
American Health Information Management Association - AHIMA:
http://www.ahima.org
The American Health Information Management Association web site contains useful information on a variety of HIPAA issues.
Consult this site periodically for updated information.
http://www.ahima.org/journal/pb/02.02.1.html?ReturnCode=2000 -
Practice Brief on Preemption with standards, recommendations, and a sample preemption decision form.
http://www.ahima.org/dc/privacy.rule.3.html - Analysis of Final Rule of Privacy of Individually
Identifiable Health Information - Preemption of State and other Federal laws.
American Hospital Association - AHA:
http://www.aha.org
The AHA Web site contains useful information on a variety of HIPAA issues. Consult
this site periodically for updated information.Your facility must be a member of AHA to access certain pages of the
site.
http://www.hcpro.com - This page of the HC Pro web site lists web addresses pertinent to HIPAA.
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Section IV: Model forms/checklists/educational materials provided by Nebraska health care
providers.
Nebraska Medical Records Law
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