If a medical entity is in compliance with the Division of Medical Assistance's (DMA's) Health Data Marketing Guidelines, is the entity in compliance with HIPAA guidelines?

Question

Options

• ANo. HIPAA is law while DMA guidelines are not law, and require less than HIPAA
• BYes. HIPAA is federal law and DMA is state law, which is usually more restrictive, and the more
• CNo. HIPAA law is federal and DMA law is state, so HIPAA supersedes DMA law.
• DYes. DMA's guidelines are stricter and will supersede those minimum standards of HIPAA.

• A
  63% (10)
• B
  13% (2)
• C
  6% (1)
• D
  19% (3)

Explanation

Option A is correct because the DMA's Health Data Marketing Guidelines are voluntary industry guidelines - not law - and they set a lower bar than HIPAA's legally mandated requirements. Satisfying a less stringent, non-binding standard does not satisfy a stricter legal mandate; you must independently meet HIPAA's requirements.

Why the distractors fail:

• B is wrong on two counts: DMA guidelines are not state law, they are voluntary guidelines, so the federal-vs.-state law comparison doesn't apply.
• C makes the same factual error - it treats DMA guidelines as state law, which they are not, and misapplies federal supremacy doctrine to a non-legal standard.
• D has the relationship backwards: DMA guidelines actually require less than HIPAA, not more; they cannot supersede a more demanding federal law.

Memory tip: Think of it as a speed limit analogy - if the law says 65 mph and your car manual recommends staying under 45 mph, following the manual keeps you legal. But if the manual only recommends a cap of 75 mph, following it still leaves you breaking the 65 mph law. DMA guidelines are the permissive "manual," and HIPAA is the binding law you must still satisfy independently.

No community discussion yet for this question.