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HIPAA Preemption Analysis
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The Baird Holm Law Firm has completed the HIPAA Preemption Analysis for
NHA and its members. Click here to review the complete analysis, Impact
of HIPAA on Contrary Provisions of State Law. This document provides baseline information with which members will need when
reviewing specific policies and procedures.
Title II of the Health Insurance Portability and Accountability Act of 1996 titled
"Administrative Simplification" requires the adoption and use of certain
security and privacy to safeguard individually
identifiable health information. Subject to important exceptions, Congress gave HIPAA preemptive effect over certain contrary provisions of State law. The intent
was to substitute a generally higher and uniform federal privacy standard for what already existed at the State level. Covered entities want to take HIPAA
compliance seriously, and this includes understanding the preemptive effect of HIPAA in certain situations in order to know which law applies.
This Preemption Analysis is an update to the preliminary analysis from April of
2001. This analysis is limited to the preemptive effect of the HIPAA privacy standards and implementation specifications.
Charging for Medical Records under HIPAA
On behalf of the NHA, the Baird Holm law firm completed on analysis on what providers can charge for coping medical records. In general, HIPAA gives
individuals the right to access their own medical information and to obtain copies of medical records. This is not an absolute right and there are a number of
exceptions. The HIPAA limits only apply to copies for the individual and his/her representatives (including the individualís lawyer), not the requests by others,
including other lawyers.
The covered entity may impose a cost-based fee, provided that the fee includes only the bona fide copying costs, postage, and preparing an explanation or summary
when requested. To view a copy of the memorandum, click
here.
This analysis was done at the request of Roger
Keetle, senior vice president, advocacy, based on member questions.
For more information, contact Kevin
Conway, senior director of health information, at 402-742-8150.
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