tci Part B Insider - 2022 Issue Q2

Clip And Save: Don’t Forget About State Privacy Regulations

Warning: Federal and state laws may differ significantly. If your Part B practice is in a state that has tougher privacy rules than HIPAA, you’ll need to reevaluate your policies to verify that you’re following the stricter statute. Why? Under HIPAA, covered entities (CEs) and their business associates (BAs) are charged with safeguarding patients’ individually identifiable health information as part of the Privacy Rule. However, the provision also makes allowances for state laws that are “more stringent” or “contrary” to the federal mandates, and this falls under its “preemption” guidance. When a state’s...

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