NRPM: Standards for Privacy of Individually Identifiable Health Information. § 160.202 Definitions.

11/03/1999

For the purpose of this subpart, the following terms have the following meanings:

Contrary, when used to compare a provision of State law to a standard, requirement, or implementation specification adopted under this subchapter, means:

(1) A party would find it impossible to comply with both the State and federal requirements; or

(2) The provision of State law stands as an obstacle to the accomplishment and execution of the full purposes and objectives of part C of title XI of the Act or section 264 of Pub. L. 104-191, as applicable.

More stringent means, in the context of a comparison of a provision of State law and a standard, requirement, or implementation specification adopted under subpart E of part 164 of this subchapter, a law which meets one or more of the following criteria, as applicable:

(1) With respect to a use or disclosure, provides a more limited use or disclosure (in terms of the number of potential recipients of the information, the amount of information to be disclosed, or the circumstances under which information may be disclosed).

(2) With respect to the rights of individuals of access to or amendment of individually identifiable health information, permits greater rights or access or amendment, as applicable, provided, however, that nothing in this subchapter shall be construed to preempt any State law to the extent that it authorizes or prohibits disclosure of protected health information regarding a minor to a parent, guardian or person acting in loco parentis of such minor.

(3) With respect to penalties, provides greater penalties.

(4) With respect to information to be provided to an individual about a proposed use, disclosure, rights, remedies, and similar issues, provides the greater amount of information.

(5) With respect to form or substance of authorizations for use or disclosure of information, provides requirements that narrow the scope or duration, increase the difficulty of obtaining, or reduce the coercive effect of the circumstances surrounding the authorization.

(6) With respect to recordkeeping or accounting requirements, provides for the retention or reporting of more detailed information or for a longer duration.

(7) With respect to any other matter, provides greater privacy protection for the individual.

Relates to the privacy of individually identifiable health information means, with respect to a State law, that the State law has the specific purpose of protecting the privacy of health information or the effect of affecting the privacy of health information in a direct, clear, and substantial way.

State law means a law, decision, rule, regulation, or other State action having the effect of law.