Health Insurance Portability and Accountability Act (HIPPA) Practice Exam

When there is a conflict between state law and HIPAA, which law is prioritized?

1. State law

2. HIPAA

3. Federal law

4. Local ordinances

The correct answer is: HIPAA

In cases where there is a conflict between state law and the Health Insurance Portability and Accountability Act (HIPAA), the federal law, which is HIPAA in this instance, is given priority. This is due to the Supremacy Clause of the U.S. Constitution, which establishes that federal law takes precedence over state laws when there is a direct conflict. HIPAA sets a national standard for protecting medical information and is designed to ensure that sensitive patient health information is handled appropriately. While states may enact laws that provide more stringent protections for health information than HIPAA, in scenarios where state law is less protective or in conflict with HIPAA, HIPAA's provisions must be followed. This means that healthcare providers and entities regulated under HIPAA must comply with its requirements, overriding conflicting state laws that do not offer equivalent privacy safeguards. However, if state law provides greater privacy protections, those stronger state laws would still apply, as long as they do not conflict with HIPAA. This framework ensures a baseline of protection while allowing for enhanced privacy measures at the state level when they exist.