Does HIPAA do away with South Carolina law protecting the confidentiality of DMH patient records?
(A) No. While HIPAA is more restrictive or provides greater patient access and patient rights, then HIPAA usually controls over state law. However, when South Carolina law provides for stricter protections or greater patient rights, then South Carolina law (44-22-100) is read in addition to HIPAA requirements. For example, state law will still require a specific court order or Authorization for some disclosures of DMH information permitted by HIPAA by subpoena only.
Related Questions
- Will the proposed centralised database of peoples medical records (The Spine) compromise patient confidentiality?
- Is it a violation of confidentiality for a hospital to permit the OPO to review patient death records?
- Does HIPAA do away with South Carolina law protecting the confidentiality of DMH patient records?
