Application of HIPAA State preemption
42 U.S.C. 1320d–742 U.S.C. 1320d42 U.S.C. 1320d–1Section 1178 of the Social Security Act () 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 [ et seq.] or a standard or implementation specification adopted or established under sections 1172 through 1174 of such Act [ to 1320d–3].
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.
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.
Pub. L. 111–5, div. A, title XIII, § 13421123 Stat. 276(, , .)
Editorial Notes
References in Text
Pub. L. 111–5123 Stat. 258This subchapter, referred to in text, was in the original “this subtitle”, meaning subtitle D (§ 13400 et seq.) of title XIII of div. A of , , , which is classified principally to this subchapter. For complete classification of subtitle D to the Code, see Tables.
act Aug. 14, 1935, ch. 53149 Stat. 620section 1305 of this titleThe Social Security Act, referred to in subsec. (a), is , . Part C of title XI of the Act is classified generally to part C (§ 1320d et seq.) of subchapter XI of chapter 7 of this title. For complete classification of this Act to the Code, see and Tables.
Pub. L. 104–191110 Stat. 1936section 1320d–2 of this titlesection 201 of this titleThe Health Insurance Portability and Accountability Act of 1996, referred to in subsec. (b), is , , . Section 262(a) of the Act enacted sections 1320d to 1320d–8 of this title. Section 264 of the Act is set out as a note under . For complete classification of this Act to the Code, see Short Title of 1996 Amendments note set out under and Tables.