HIPAA versus State Laws

HIPAA is not the only federal law that impacts the disclosure of health information. In some instances, a more protective law may require an individual’s permission to disclose health information where HIPAA would permit the information to be disclosed without the individual’s authorization. State and local laws also apply to health care information stored about patients. HIPAA does not override State law provisions that are at least as protective as HIPAA.

State and Federal Consent Laws Affecting Interstate Health Information Exchange [PDF - 782 KB]

Web Site Disclaimers

Legal standards and issues that should be addressed when developing policies around creation of consent strategies.

State Law Requirements for Patient Permission to Disclose Health Information Report [PDF - 1.3 MB]

Research findings into how the various state laws govern the disclosure of health information. This document also provides an overview of federal consent laws.

Interstate Disclosure and Patient Consent Requirements Report

Documentation of the state law requirements for disclosure of health information for treatment purposes within and across state lines.

Intrastate and Interstate Consent Policy Options Report

Tools and resources for states and health care stakeholders to use to decide what level of choice is proper for patients regarding the electronic access, use, and disclosure of their health information. This also includes tools and resources that states can use to evaluate which, if any, of the interstate legal mechanisms they could successfully employ.

Access to Minors’ Health Information [PDF - 238 KB]

Section 3.2.6 of this report covers access to minors’ heath information. It includes a discussion of minors’ ability to consent to disclosure of related health information.