Question

The general rule is that a federal law like HIPAA supersedes state law unless state law is more protective of PHI than those protections afforded by HIPAA.

a) True
b) False

Answer 1

The statement is true; federal law like HIPAA supersedes state law unless state law provides stronger protection of PHI. HIPAA sets the minimum standards, and states can enforce stricter privacy laws.

Step-by-step explanation:

The statement that a federal law like the Health Insurance Portability and Accountability Act (HIPAA) supersedes state law unless state law is more protective of Protected Health Information (PHI) is true.

HIPAA establishes a baseline of protections and allows states to enforce stricter privacy standards if they choose.

However, in cases where state laws are less protective than HIPAA, the federal regulations take precedence, ensuring a uniform national floor for the protection of PHI.

This balance underscores a critical aspect of the American legal system where federal law typically sets minimum standards while states have the authority to enhance individual rights beyond those federal protections.

In the context of health information privacy, states may implement more stringent rules, but they cannot weaken the defenses that HIPAA mandates.