tci Medicare Compliance & Reimbursement - 2022 Issue Q1

Reader Questions: Understand the Nuances Between HIPAA and State-Mandated Privacy Disclosures

Question: Is it a violation of the HIPAA Privacy Rule if we comply with our state’s disclosure law requirements? We weren’t sure whether the federal provisions trump the state mandates. California Subscriber Answer: The HIPAA Privacy Rule actually contains an exception specifically involving disclosures required by state law. Common state-law disclosure obligations include reporting cases of child abuse, reporting cases of vulnerable adult abuse, and reporting to law enforcement if an individual has certain types of wounds like a bullet wound. HIPAA’s “required by state law” disclosure exception makes reviewing and understanding your state’s...

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