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(ISC)2

HCISPP · Question #252

Each state has the same laws, rules, and/or regulations governing confidentiality of health care information.

The correct answer is B. False. Healthcare confidentiality laws differ substantially by state; many states have enacted protections stricter than the federal HIPAA baseline.

Regulatory and Standards Environment

Question

Each state has the same laws, rules, and/or regulations governing confidentiality of health care information.

Options

  • ATrue
  • BFalse

How the community answered

(26 responses)
  • A
    8% (2)
  • B
    92% (24)

Why each option

Healthcare confidentiality laws differ substantially by state; many states have enacted protections stricter than the federal HIPAA baseline.

ATrue

True is incorrect because states have enacted widely varying confidentiality statutes, and HIPAA functions only as a federal floor, not a uniform national standard that eliminates all state-level variation.

BFalseCorrect

False. Each state may enact its own laws governing healthcare privacy and confidentiality, and many states impose stricter protections for specific categories such as mental health records, HIV/AIDS status, and substance abuse treatment records. When a state law is more protective than HIPAA, covered entities operating in that state must comply with the more stringent state standard rather than the federal minimum.

Concept tested: State vs. federal healthcare privacy law variation and preemption

Source: https://www.hhs.gov/hipaa/for-professionals/privacy/laws-regulations/index.html

Topics

#State healthcare laws#Confidentiality regulations#Regulatory differences

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