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U.S. Code as of:
01/19/04
Section 1320d-7. Effect on State law
(a) General effect
(1) General rule
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-1 through 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.
(2) Exceptions
A provision or requirement under this part, or a standard or
implementation specification adopted or established under
sections 1320d-1 through 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) is necessary -
(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.
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