NRPM: Standards for Privacy of Individually Identifiable Health Information. e. The process for making administrative determinations regarding the preemption of State health information privacy laws.


Because States generally have laws that relate to the privacy of individually identifiable health information, there may be conflicts between provisions of various State laws and the federal requirements. Where such conflicts appear to exist, questions may arise from the regulated entities or from the public concerning which requirements apply. It is possible that such questions may also arise in the context of the Secretary’s enforcement of the civil monetary penalty provisions of section 1176. The Secretary accordingly proposes to adopt the following process for responding to such comments and making the determinations necessary to carry out her responsibilities under section 1176.

The rules proposed below would establish two related processes: one for making the determinations called for by section 1178(a)(2)(A) of the Act and the other for issuing advisory opinions regarding whether a provision of State law would come within the exception provided for by section 1178(a)(2)(B).