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Which of the Following Statements Is Correct Regarding HIPAA Preemption

Question 1103

Multiple Choice

Which of the following statements is correct regarding HIPAA preemption analysis?


A) If the state law that recognizes a patient's right to health care information privacy is more stringent than the HIPAA federal rule, then the state law prevails.
B) State law regarding a patient's right to health care information privacy can never prevail over the HIPAA federal rule.
C) If a state law that recognizes a patient's right to health care information privacy is more stringent than the HIPAA federal rule, then the courts must decide which shall prevail.
D) Even if the state law that recognizes a patient's right to health care information privacy is more stringent than the HIPAA federal rule, the HIPAA federal rule will still prevail.

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