(b) LAWS RELATING TO PUBLIC HEALTH AND MEN-
TAL HEALTH.—This Act does not preempt, supersede, or
modify the operation of any State law regarding public
health or mental health to the extent that the law prohibits
or regulates a disclosure of protected health information
that is permitted under this Act.
(c) CRIMINAL PENALTIES.—A State may establish
and enforce criminal penalties with respect to a failure to
comply with a provision of this Act.
(d) PRIVILEGES.—A privilege that a person has
under law in a court of a State or the United States or
under the rules of any agency of a State or the United
States may not be diminished, waived, or otherwise af-
fected by—
(1) the execution by a protected individual of an
authorization for disclosure of protected health in-
formation under this Act, if the authorization is exe-
cuted for the purpose of receiving health care or pro-
viding for the payment for health care; or
(2) any provision of this Act that authorizes the
disclosure of protected health information for the
purpose of receiving health care or providing for the
payment for health care.
(e) DEPARTMENT OF VETERANS AFFAIRS.—The lim-
itations on use and disclosure of protected health informa-
tion under this Act shall not be construed to prevent any
exchange of such information within and among compo-
nents of the Department of Veterans Affairs that deter-
mine eligibility for or entitlement to, or that provide, bene-
fits under laws administered by the Secretary of Veterans
Affairs.
(f) CERTAIN DUTIES UNDER STATE OR FEDERAL
LAW.—This Act shall not be construed to preempt, super-
sede, or modify the operation of any of the following:
(1) Any law that provides for the reporting of
vital statistics such as birth or death information.
(2) Any law requiring the reporting of abuse or
neglect information about any individual.
(3) Subpart II of part E of title XXVI of the
Public Health Service Act (relating to notifications
of emergency response employees of possible expo-
sure to infectious diseases).
(4) The Americans with Disabilities Act of
1990.
(5) Any Federal or State statute that estab-
lishes a privilege for records used in health profes-
sional peer review activities.
(f) SECRETARIAL AUTHORITY.—
(1) SECRETARY OF HEALTH AND HUMAN SERV-
ICES.—A provision of this Act does not preempt, su-
persede, or modify the operation of section 543 of
the Public Health Service Act, except to the extent
that the Secretary of Health and Human Services
determines through regulations promulgated by such
Secretary that the provision provides greater protec-
tion for protected health information, and the rights
of protected individuals, than is provided under such
section 543.
(2) SECRETARY
OF
VETERANS
AFFAIRS.—A
provision of this Act does not preempt, supersede, or
modify the operation of section 7332 of title 38,
United States Code, except to the extent that the
Secretary of Veterans Affairs determines through
regulations promulgated by such Secretary that the
provision provides greater protection for protected
health information, and the rights of protected indi-
viduals, than is provided under such section 7332.
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