§1320d–7 Effect on State law

Summary

Federal rules under this part and the standards set under sections 1320d–1 through 1320d–3 must override any state law that says something different, including laws that force medical or health plan records to be kept or sent on paper instead of electronically. A federal rule will not override a state law if the Secretary finds the state law is needed to prevent fraud or abuse, to allow proper state regulation of insurance and health plans, for state reporting on health care delivery or costs, for other necessary purposes, or if it deals with controlled substances. It also will not override state laws about privacy of individually identifiable health information, subject to section 264(c)(2) of the Health Insurance Portability and Accountability Act of 1996. Nothing here takes away state power to require reporting of disease, injury, child abuse, birth, or death, or to do public health tracking, investigation, or interventions. States can still make health plans report or provide information for management and financial audits, program monitoring and evaluation, and for facility or individual licensure or certification.