- Authorizations (30)
                              - Business Associates (41)
                              - Compliance Dates (2)
                              - Covered Entities (14)
                              - Decedents (9)
                              - Disclosures for Law Enforcement Purposes (5)
                              - Disclosures for Rule Enforcement (1)
                              - Disclosures in Emergency Situations (2)
                              - Disclosures Required by Law (6)
                              - Disclosures to Family and Friends (28)
                              - Disposal of Protected Health Information (6)
                              - Facility Directories (7)
                              - Family Medical History Information (3)
                              - FERPA and HIPAA (10)
                              - Group Health Plans (3)
                              - Incidental Uses and Disclosures (10)
                              - Judicial and Administrative Proceedings (8)
                              - Minimum Necessary (14)
                              - Notice of Privacy Practice (20)
                              - Preemption of State Law (10)
                              - Privacy Rule: General Topics (12)
                              - Protected Health Information (2)
                              - Public Health Uses and Disclosures (13)
                              - Research Uses and Disclosures (20)
                              - Right to an Accounting of Disclosures (8)
                              - Right to File a Complaint (1)
                              - Right to Request a Restriction (4)
                              - Safeguards (13)
                              - Security Rule (24)
                              - Smaller Providers and Businesses (145)
                              - Student Immunizations (8)
                              - Transition Provisions (3)
                              - Treatment, Payment, and Health Care Operations Disclosures (30)
                              - Workers Compensation Disclosures (5)
                              - Limited Data Set (6)
                              - Marketing (17)
                              - Marketing - Refill Reminders (16)
                              - Personal Representatives and Minors (12)
                              - Right to Access and Research (58)
                              - Mental Health (35)
                              - Health Information Technology (41)
                              - Telehealth (11)

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# How do I know if a state law is "contrary" to the HIPAA Privacy Rule? 

## Answer:

A State law is "contrary" to the HIPAA Privacy Rule if it would be impossible for a covered entity to comply with both the State law and the Federal Privacy Rule requirements, or if the State law is an obstacle to accomplishing the full purposes and objectives of the Administrative Simplification provisions of HIPAA. See the definition of "contrary" at 45 C.F.R. 160.202.For example, a State law that prohibits the disclosure of protected health information to an individual who is the subject of the information may be contrary to the Privacy Rule, which requires the disclosure of protected health information to an individual in certain circumstances. With certain exceptions, the Privacy Rule preempts "contrary" State laws. See 45 C.F.R. Part 160, Subpart B.  View an unofficial version of the Privacy Rule and the preemption requirements.

Date Created: 03/12/2003

Content last reviewed February 8, 2023