§1320d–7 Effect on State Law

Summary

Federal health information rules and standards made under sections 1320d–1 through 1320d–3 override any state law that conflicts with them, including state rules that force medical or insurance records to be kept or sent only on paper. However, the federal rules do not replace a state law if the Secretary decides that law is needed to prevent fraud or abuse, to regulate insurance and health plans, for state reporting on health care, for other necessary purposes, or if it deals with controlled substances, or with privacy under section 264(c)(2) of the Health Insurance Portability and Accountability Act of 1996. States still keep their power to require reporting of disease, injury, child abuse, births, or deaths and to do public health tracking or investigations. States can also require health plans to provide information for audits, program checks, and for facility or individual licensing or certification.