[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR160.202]



[Page 710]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 160_GENERAL ADMINISTRATIVE REQUIREMENTS--Table of Contents

 

                    Subpart B_Preemption of State Law

 

Sec.  160.202  Definitions.



    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 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 or section 264 of Pub. L. 104-191, 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 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]