45 CFR 160.202 - Definitions
| Cite as | 45 CFR 160.202 |
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104 practice notes
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Dinerstein v. Google, LLC, No. 19 C 4311
..., 673 F.3d at 577–78 (quoting Freightliner Corp. v. Myrick , 514 U.S. 280, 287, 115 S.Ct. 1483, 131 L.Ed.2d 385 (1995) ); see also 45 C.F.R. § 160.202 (defining "contrary" to mean "(1) A covered entity or business associate would find it impossible to comply with both the State and Federal ......
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Brown v. Mortensen, No. S180862.
...law be preserved ( id., § 1320d–2 note (HIPAA, § 264(c)(2), Pub.L. No. 104–191, § 264(c)(2) (Aug. 21, 1996) 110 Stat.2033–2034); see 45 C.F.R. §§ 160.202, 160.203(b) (2010)). 10 As the Department [126 Cal.Rptr.3d 439] explained when announcing the Privacy Rule: “It is important to understan......
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Byrne v. Avery Ctr. for Obstetrics & Gynecology, P.C., No. 18904.
...observing that, under the regulatory definitions implementing HIPAA's preemption provision; see 102 A.3d 3942 U.S.C. § 1320d–7 (a) ; 45 C.F.R. § 160.202 (2004) ;11 to “the extent that common-law negligence permits a private right of 314 Conn. 442action for claims that amount to HIPAA violat......
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Byrne v. Avery Ctr. for Obstetrics & Gynecology, P.C., SC 19873
...a contrary provision of law and subject to HIPAA's preemption rule. Because it is not more stringent, according to the definition of 45 C.F.R. § 160.202, the preemption exception does not apply.' For the same reasons, the trial court dismissed count four of the complaint, claiming negligent......
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87 cases
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Dinerstein v. Google, LLC, No. 19 C 4311
..., 673 F.3d at 577–78 (quoting Freightliner Corp. v. Myrick , 514 U.S. 280, 287, 115 S.Ct. 1483, 131 L.Ed.2d 385 (1995) ); see also 45 C.F.R. § 160.202 (defining "contrary" to mean "(1) A covered entity or business associate would find it impossible to comply with both the Sta......
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Brown v. Mortensen, No. S180862.
...law be preserved ( id., § 1320d–2 note (HIPAA, § 264(c)(2), Pub.L. No. 104–191, § 264(c)(2) (Aug. 21, 1996) 110 Stat.2033–2034); see 45 C.F.R. §§ 160.202, 160.203(b) (2010)). 10 As the Department [126 Cal.Rptr.3d 439] explained when announcing the Privacy Rule: “It is important to understan......
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Byrne v. Avery Ctr. for Obstetrics & Gynecology, P.C., No. 18904.
...observing that, under the regulatory definitions implementing HIPAA's preemption provision; see 102 A.3d 3942 U.S.C. § 1320d–7 (a) ; 45 C.F.R. § 160.202 (2004) ;11 to “the extent that common-law negligence permits a private right of 314 Conn. 442action for claims that amount to HIPAA violat......
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Byrne v. Avery Ctr. for Obstetrics & Gynecology, P.C., SC 19873
...a contrary provision of law and subject to HIPAA's preemption rule. Because it is not more stringent, according to the definition of 45 C.F.R. § 160.202, the preemption exception does not apply.' For the same reasons, the trial court dismissed count four of the complaint, claiming negligent......
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7 firm's commentaries
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HIPAA Does Not Preempt State Litigation Practice
...or that would stand “as an obstacle to the accomplishment and execution of the full purposes and objectives of [the Act].” 45 C.F.R. §160.202.Unless prohibited by statute, administrative agencies may delineate the preemptive scope of the statutes they administer. Medtronic, Inc. v. Lohr, 51......
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Georgia Supreme Court takes another chip off SB 3
...provision of [s]tate law stands as an obstacle to the accomplishment and execution of the full purposes and objectives of [HIPAA].” 45 CFR § 160.202. Thus, the starting point for analysis herein should be whether it is possible to comply with OCGA § 9-11-9.2 while at the same time complying......
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A New Year’s Resolution: Review and Analyze Potentially Applicable State Laws Whenever Examining HIPAA Compliance Issues
...reason, Section 400.145 “stands as an obstacle to the accomplishment and execution of the full purposes and objectives of [HIPPA].” 45 C.F.R. § 160.202. The Opis Order serves as a case in point of the need to analyze state law whenever considering compliance issues involving HIPAA. However,......
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Responding To Subpoena For Medical Records May Create Liability For Healthcare Providers Under State Law Negligence Claims
...not preempt state law provisions that provide "greater privacy protection for the individual" whose information is being disclosed. 45 C.F.R. § 160.202. The court concluded that this standard protected the patient's common law negligence claims because (i) a common law negligence claim may ......
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4 books & journal articles
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A Proposed National Health Information Network Architecture and Complementary Federal Preemption of State Health Information Privacy Laws
...Health Care Information and the Protection of Personal Privacy: Ethicaland Legal Considerations, 127 ANNALS INT.MED.683–90 (1997).18945 C.F.R. § 160.202.190See,e.g., UTAH CODE ANN. § 78B-5-618 (West 2009) (providing for disclosure of records byusing language specifically referring to what f......
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79 J. Kan. Bar Assn 9, 23 (2010). How HITECH Are You? New Privacy and Security Rule Requirements.
...care clearinghouse," and "health care provider" are defined in 45 C.F.R. 160.103. 45 C.F.R. § 160.103. Id. 45 C.F.R. § 164.502(a). 45 C.F.R. §§ 160.202, 160.203(b). See, e.g., K.S.A. 59-2979, 59-29b79, 60-427, and 65-5602. 45 C.F.R. §§ 164.502(a), 164.508(a). 45 C.F.R. §§ 164.502, 164.508(b......
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Alabama Medical Records: Part 1, 1116 ALBJ, 77 The Alabama Lawyer 438 (2016)
...Part 164, Subpart C, 45 CFR §§ 164.302 through 164.318 and Appendix A to Sub-part C. [83] “More stringent” is defined in 45 C.F.R. § 160.202. [84] See, e.g., Moreland v. Austin, 670 SE 2d 68, 71-72 (Ga. 2008) (“we find that HIPAA preempts Georgia law with regard to ex pa......
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Vol. 14, No. 3, Pg. 35. HIPAA requirements for lawyers - business associate contracts.
...Required by the Secretary [of DHHS] in connection with determining whether a covered entity is in compliance with this subchapter. ...45 C.F.R. § 160.202 (emphasis added). Because the purpose for the contractual requirement is to allow the DHHS to review the business associate's records to ......
1 provisions
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HB 166 – Creates FY 2020-2021 operating budget
...in rules adopted by the medicaid director under section 3798.13 of the Revised Code. (K)(J) "More stringent" has the same meaning as in 45 C.F.R. 160.202. (L) "Office of health transformation" means the office of health transformation created by executive order 2011-02K or a successor gover......