In the event of a conflict between HIPAA and state laws, which should be followed?

When there is a conflict between HIPAA and state laws, the appropriate course of action is to follow the stricter law. HIPAA is a federal law that sets a baseline for the protection of health information, but states have the authority to enact laws that provide greater protections for individuals' health information.

If state law offers more stringent protections, it must be followed over HIPAA's provisions. This means that when there is a conflict, the law that better safeguards patient information and health rights should take precedence. The rationale behind this is to ensure that individuals are afforded the highest possible level of privacy and security concerning their health data.

State laws may include stricter penalties for violations or broader definitions of what constitutes protected health information, so adhering to the stricter law helps to enhance the protections afforded to patients. Knowing the landscape of both federal and state regulations is essential for compliance, as healthcare providers and associated entities must operate under rules that provide the utmost protection for patient information.