Which of the Following Statements Is Correct Regarding HIPAA Preemption

question 688

Multiple Choice

Which of the following statements is correct regarding HIPAA preemption analysis?

• A) If the state law that recognizes a patient's right to health care information privacy is more stringent than the HIPAA federal rule, then the state law prevails.
• B) State law regarding a patient's right to health care information privacy can never prevail over the HIPAA federal rule.
• C) If a state law that recognizes a patient's right to health care information privacy is more stringent than the HIPAA federal rule, then the courts must decide which shall prevail.
• D) Even if the state law that recognizes a patient's right to health care information privacy is more stringent than the HIPAA federal rule, the HIPAA federal rule will still prevail.