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Healthcare· 5 min read

HIPAA vs. State Privacy Laws — Which Applies?

HIPAA is a floor, not a ceiling. State laws can be — and often are — more restrictive.

Federal HIPAA sets minimum privacy standards for protected health information. State laws frequently impose stricter rules on consent, breach notification timing, and patient access. The Privacy Rule preemption analysis turns on whether state law is 'more stringent.'

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