A Primer on Preemption: Incorporating
State Privacy Laws into Your HIPAA Compliance Plan Audiotape
recorded
October 10, 2002
An important task
in developing your HIPAA privacy program will be determining
when you have to follow
the HIPAA Privacy Regulations and when you must follow state
laws on confidentiality and patient privacy. As a general
rule, HIPAA requires that you follow whichever is stricter — but
that's not always easy to determine.
Alan Steinberg and Rachel Remaley,
attorneys at Horty, Springer, & Mattern,
guide you through a primer on HIPAA's rules regarding preemption
of state laws and offer practical advice on how to do a state
law privacy preemption analysis during this important audio
conference. Alan and Rachel will be happy to answer your
questions and will cover these topics:
The Basic Rules of Preemption
* More stringent state laws
* Parents and minors
* Public health surveillance and reporting laws
* Auditing and licensing laws
* Exception determinations granted by the Secretary
Identifying and Compiling Affected State Privacy Laws
* Basic principles for identifying and compiling state
statutes, administrative codes, and common law that are preempted
by the HIPAA Privacy Regulations
Creating and Using a Preemption Analysis
* Performing an HIPAA Privacy Regulations preemption analysis
* Performing provision-by-provision analyses (including specific examples!)
* Modifying your policies and procedures
Miscellaneous Topics
* Multi-state transactions: which state law applies?
* Private causes of action under state law
* What about local laws?
