Skip to main content


U.S. flag
      An official website of the United States government
              Here’s how you know
        Here’s how you knowDot gov**Official websites use .gov**
                 A **.gov** website belongs to an official government organization in the United States.
                  HTTPS**Secure .gov websites use HTTPS**
                 A **lock** (A locked padlock) or **https://** means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites. 
  Menu Close
          Enter the terms you wish to search for.
    Search
        








  
  
    

  
      

                                      About HHS
    
                        
                              
      
      
      Programs & Services
    
                        
                              
      
      
      Grants & Contracts
    
                        
                              
      
      
      Laws & Regulations                  
Health Information Privacy
  HIPAA for Individuals
    
                        
                                            
      
      
      Filing a Complaint
    
                        
                                            
      
      
      HIPAA for Professionals
    
                        
                                            
      
      
      Newsroom

              

    



Breadcrumb
    HHS
                              HIPAA Home
                              For Professionals
                              FAQ
                              Preemption of State Law


    

    

    Navigate to:
  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)Text resize icon

                    




Preemption of State Law
  
  
  
      399-Does the HIPAA Privacy Rule preempt state laws
    The HIPAA Privacy Rule provides a Federal floor of privacy protections for individuals' individually identifiable health information where that information is held by a covered entity or by a business associate of the covered entity.
Read the full answer
      401-How does the HIPAA Privacy Rule reduce the potential for conflict with state laws
    The Privacy Rule is designed to minimize conflicts between Federal requirements and those of State law in the following ways:
Read the full answer
      402-How do I know if a state law is contrary to the HIPAA Privacy Rule
    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.
Read the full answer
      403-How do I know if a state law is more stringent than the HIPAA Privacy Rule
    In general, a State law is "more stringent" than the HIPAA Privacy Rule if it relates to the privacy of individually identifiable health information and provides greater privacy protections for individuals' identifiable health information, or greater rights to individuals with respect to that information, than the Privacy Rule does.
Read the full answer
      404-Under what circumstances will HHS grant a state law preemption exception determination
    The Department of Health and Human Services (HHS) may, upon specific request from a State or other entity or person, issue a determination that a contrary State law which meets certain criteria will not be preempted by the Federal requirements.
Read the full answer
      405-Does a more protective state law preempt by the Privacy Rule
    No. The Privacy Rule establishes a floor of Federal privacy protections and rights for individuals. If a provision of State law provides greater privacy protection than a provision of the Privacy Rule, and it is possible to comply with both the State law and the Privacy Rule (e.g., where a State law prohibits the disclosure of HIV status while the Privacy Rule permits such disclosure), there is no conflict between the State law and the Privacy Rule, and no preemption.
Read the full answer
      406-Does the HIPAA Privacy Rule preempt state law to report child abuse
    The Privacy Rule permits covered health care providers and other covered entities to disclose reports of child abuse or neglect to public health authorities or other appropriate government authorities.
Read the full answer
      407-Will a state law preempt exception determination apply only to the entity that requested the determination
    Preemption exception determinations issued by the Department of Health and Human Services (HHS) will apply generally to all persons subject to the particular provision of State law for which the exception was granted.
Read the full answer
      408-Will HHS determine whether a provision of state law is more stringent than or contrary to a provision
    The Department of Health and Human Services (HHS) will not make determinations as to whether a provision of State law is
Read the full answer
      409-Will HHS publish exception determinations
    Yes. The Department of Health and Human Services (HHS) will promptly inform the public of exception determinations through publication of notice in the Federal Register, and on HHS' web sites, including the OCR Privacy web site at http://www.hhs.gov/ocr/hipaa/.
Read the full answerBack to top
    Contact HHS
    
                        
                                            
      
      
      Careers
    
                        
                                            
      
      
      HHS FAQs
    
                        
                                            
      
      
      Nondiscrimination NoticeHHS Archive
    
                        
                                            
      
      
      Accessibility Statement
    
                        
                                            
      
      
      Privacy Policy
    
                        
                                            
      
      
      Viewers & PlayersBudget/Performance
    
                        
                                            
      
      
      Inspector General
    
                        
                                            
      
      
      Web Site Disclaimers
    
                        
                                            
      
      
      EEO/No Fear ActFOIA
    
                        
                                            
      
      
      The White House
    
                        
                                            
      
      
      USA.gov
    
                        
                                            
      
      
      Vulnerability Disclosure Policy
        Sign Up for Email Updates

Receive the latest updates from the Secretary, Blogs, and News Releases.

Sign Up
  HHS Headquarters
          200 Independence Avenue, S.W.
                  Washington, D.C. 20201
                  Toll Free Call Center: 1-877-696-6775​