Except as provided in paragraph (2), a provision or requirement under this part, or a standard or implementation specification adopted or established under sections
1320d–3 of this title, shall supersede any contrary provision of State law, including a provision of State law that requires medical or health plan records (including billing information) to be maintained or transmitted in written rather than electronic form.
A provision or requirement under this part, or a standard or implementation specification adopted or established under sections
1320d–3 of this title, shall not supersede a contrary provision of State law, if the provision of State law—
(A)is a provision the Secretary determines—
(I)to prevent fraud and abuse;
(II)to ensure appropriate State regulation of insurance and health plans;
(III)for State reporting on health care delivery or costs; or
(IV)for other purposes; or
(ii)addresses controlled substances; or
(B)subject to section 264(c)(2) of the Health Insurance Portability and Accountability Act of 1996, relates to the privacy of individually identifiable health information.
(b) Public health
Nothing in this part shall be construed to invalidate or limit the authority, power, or procedures established under any law providing for the reporting of disease or injury, child abuse, birth, or death, public health surveillance, or public health investigation or intervention.
(c) State regulatory reporting
Nothing in this part shall limit the ability of a State to require a health plan to report, or to provide access to, information for management audits, financial audits, program monitoring and evaluation, facility licensure or certification, or individual licensure or certification.
Section 264(c)(2) of the Health Insurance Portability and Accountability Act of 1996, referred to in subsec. (a)(2)(B), is section 264(c)(2) ofPub. L. 104–191, which is set out as a note under section
1320d–2 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.