197k views
3 votes
HIPAA states that release to a coroner is allowed. State law says that the coroner must provide a subpoena. Identify the true statement regarding this situation.

a. You must request a ruling from a judge.
b. You can follow either the state law or the HIPAA rule.
c. Follow the HIPAA requirement since it is a federal law.
d. Follow the state law since it is stricter.

User MNZ
by
7.7k points

1 Answer

2 votes

Final answer:

When conflicting, state law should be followed if it is stricter than HIPAA regarding the release of health information to a coroner. HIPAA allows for the deferment to state laws that are more protective of patient privacy. Thus, in this scenario, the state law requiring a subpoena should be adhered to.

Step-by-step explanation:

In situations where federal law and state law conflict regarding the release of health information to a coroner, the rule that is more protective of patient privacy generally prevails. Although the Health Insurance Portability and Accountability Act (HIPAA) is a federal law that provides general rules on the matter, it also permits state laws to provide more stringent protections for the privacy of health information. Therefore, in this case, where state law requires a coroner to produce a subpoena before health information can be released, the state law would be followed because it is stricter than the HIPAA rule that allows release without such a requirement.

By following the state law, healthcare providers ensure they are in compliance with both the HIPAA regulation and the state law, as HIPAA defers to stricter state laws. Thus, the correct course of action would be to follow the state law and only release the information to the coroner once a subpoena is provided, aligning with the principle of upholding the strictest privacy protections where such conflicts exist.

User DVG
by
8.5k points