C.F.R. » Title 45 » SUBCHAPTER C—ADMINISTRATIVE DATA STANDARDS AND RELATED REQUIREMENTS › PART 160—GENERAL ADMINISTRATIVE REQUIREMENTS › Subpart B—Preemption of State Law

45 C.F.R. § 160.202

Definitions

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For purposes of this subpart, the following terms have the following meanings:

Contrary, when used to compare a provision of State law to a standard, requirement, or implementation specification adopted under this subchapter, means:

(1) A covered entity or business associate would find it impossible to comply with both the State and Federal requirements; or

(2) The provision of State law stands as an obstacle to the accomplishment and execution of the full purposes and objectives of part C of title XI of the Act, section 264 of Public Law 104-191, or sections 13400-13424 of Public Law 111-5, as applicable.

More stringent means, in the context of a comparison of a provision of State law and a standard, requirement, or implementation specification adopted under subpart E of part 164 of this subchapter, a State law that meets one or more of the following criteria:

(1) With respect to a use or disclosure, the law prohibits or restricts a use or disclosure in circumstances under which such use or disclosure otherwise would be permitted under this subchapter, except if the disclosure is:

(i) Required by the Secretary in connection with determining whether a covered entity or business associate is in compliance with this subchapter; or

(ii) To the individual who is the subject of the individually identifiable health information.

(2) With respect to the rights of an individual, who is the subject of the individually identifiable health information, regarding access to or amendment of individually identifiable health information, permits greater rights of access or amendment, as applicable.

(3) With respect to information to be provided to an individual who is the subject of the individually identifiable health information about a use, a disclosure, rights, and remedies, provides the greater amount of information.

(4) With respect to the form, substance, or the need for express legal permission from an individual, who is the subject of the individually identifiable health information, for use or disclosure of individually identifiable health information, provides requirements that narrow the scope or duration, increase the privacy protections afforded (such as by expanding the criteria for), or reduce the coercive effect of the circumstances surrounding the express legal permission, as applicable.

(5) With respect to recordkeeping or requirements relating to accounting of disclosures, provides for the retention or reporting of more detailed information or for a longer duration.

(6) With respect to any other matter, provides greater privacy protection for the individual who is the subject of the individually identifiable health information.

Relates to the privacy of individually identifiable health information means, with respect to a State law, that the State law has the specific purpose of protecting the privacy of health information or affects the privacy of health information in a direct, clear, and substantial way.

State law means a constitution, statute, regulation, rule, common law, or other State action having the force and effect of law.

[65 FR 82798, Dec. 28, 2000, as amended at 67 FR 53266, Aug. 14, 2002; 74 FR 42767, Aug. 24, 2009; 78 FR 5689, Jan. 25, 2013]
Notes of Decisions
Cited in 64 cases (5 in the last 5 years), 2003–2025 · leading case: Holman v. RASAK
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Holman v. RASAK, 785 N.W.2d 98 (Mich. 2010). · cites it 20× “45 CFR 160.202. "More stringent," in this context, means "provides greater privacy protection for the individual who is the subject of the individually identifiable health information.”
Allen v. Wright, 644 S.E.2d 814 (Ga. 2007). · cites it 6× “" 45 CFR § 160.202 . Thus, the starting point for analysis herein should be whether it is possible to comply with OCGA § 9-11-9.”
Northlake Med. Ctr., LLC v. Queen, 634 S.E.2d 486 (Ga. Ct. App. 2006). · cites it 8× “Moreover, with certain *494 exceptions, the HIPAA Privacy Rule made clear that it preempted contrary state law, defined as situations where compliance with both state and federal requirements would be impossible, or where the state law "stands as an obstacle to the…”
Menorah Park Ctr. for Senior Living v. Rolston (Slip Opinion), 2020 Ohio 6658 (Ohio 2020). · cites it 4× “45 C.F.R. 160.202. 45 C.F.R. 160.202 defines a state law to “mean[] a constitution, statute, regulation, rule, common law, or other State action having the force and effect of law.”
Harrold-Jones v. Drury, 422 P.3d 568 (Alaska 2018). · cites it 5× “14 45 C.F.R. § 160.202 . Section 160.202 also provides that a state law is contrary to HIPAA if it is contrary to sections 13400 to 13424 of the American Recovery and Reinvestment Act of 2009, but these provisions are not relevant to this petition.”
Stevens ex rel. Stevens v. Hickman Cmty. Health Care Servs., Inc., 418 S.W.3d 547 (Tenn. 2013). · cites it 2× “45 C.F.R. § 160.202 (1) (2013). Tenn.Code Ann.”
Arons v. Jutkowitz, 880 N.E.2d 831 (NY 2007). · cites it 2× “A state law is "contrary" to the Privacy Rule, however, only if it would be impossible for a covered entity to comply with both the state requirement and the Rule, or the former is an obstacle to accomplishing the full purposes and objectives of HIPAA's "administrative…”
Haage v. Zavala, 2021 IL 125918 (Ill. 2021). · cites it 2× “” 45 C.F.R. § 160.202 (2018). ¶ 75 However, section 264 of HIPAA provides that the Privacy Rule “shall not supersede a contrary provision of State law, if the provision of State law imposes requirements, standards, or implementation specifications that are more stringent than…”
Haage v. Zavala, 2020 IL App (2d) 190499 (Ill. App. Ct. 2020). · cites it 5× “§ 1320d-7 (2018); 45 C.F.R. §§ 160.202 , 160.203(b), 164.502(a) (2018); Giangiulio v.”
Law v. Zuckerman, 307 F. Supp. 2d 705 (D. Maryland 2004). · cites it 2× ““More stringent,” as defined in 45 C.F.R. § 160.202 , means, that the state law meets any one of six criteria.”
Glen Murphy v. Aldolfo C. Dulay, 768 F.3d 1360 (11th Cir. 2014). · cites it 3× “” 45 C.F.R. § 160.202 (l)-(2) (emphasis added).”
W. Va. Dept. of Health & Human Resources/Behavioral Health v. E.H., 778 S.E.2d 728 (W. Va. 2015). · cites it 13× “§ 1320d-7 (2012); 45 C.F.R. §§ 160.202 , ­ 203 (2014) (listing exceptions to preemption).”
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