HIPAA and State Laws

Question 1

federal vs. state scope

Answer 1

more protective supersedes

Question 2

California State Laws, CMIA

Answer 2

1. Release of sensitive information: California requires a separate signed authorization for release of “sensitive” information
2. Opt-in consent: covered entities must get opt-in consent for electronic information sharing
3. unauthorized access and breaches: California defines unauthorized access as: “inappropriate reviewing/viewing of patient medical information without a direct need for diagnosis, treatment, or other lawful use. Orgs must report incidents within 5 days.