Is HIPAA ever preempted by state law?
Yes. Although HIPAA usually preempts contrary state law, there are four situations in which state law preempts HIPAA. The exceptions are for: 1) state reporting laws; 2) health plan reporting and information; 3) specific exemptions determined by the HHS secretary; and 4) when state health privacy provisions are more stringent. State law, state constitutions, regulations, rules, common law, and other state actions that have the force and effect of law may all give rise to these exceptions.
