Health Insurance Portability and Accountability Act (HIPPA) Practice Exam

Which law typically takes precedence in the case of conflicting laws?

1. Federal law when it is more lenient

2. State law when it is more restrictive

3. HIPAA may override state law

4. Local ordinance under all circumstances

The correct answer is: State law when it is more restrictive

In matters of conflicting laws, particularly concerning health information and privacy, the principle of federal preemption generally applies. Federal law typically holds precedence over state law; however, when state laws offer greater protection for patient privacy or data security than federal laws, those more restrictive state laws take precedence. This ensures that individuals benefit from the highest level of protection available. For example, while HIPAA sets a baseline for privacy and security of health information, many states have laws that provide stricter regulations regarding the handling of personal health information. In scenarios where state laws provide greater safeguards, they can indeed supersede federal regulations to ensure higher standards of privacy and protection for individuals. It is essential to understand that while federal laws set minimum standards, state laws that enhance those protections are often upheld in legal contexts, reinforcing the state's role in safeguarding its citizens’ rights.