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(ISC)2

HCISPP · Question #257

Which of the following statements is NOT correct?

The correct answer is B. Other laws and regulations never take precedence or preempt HIPAA. The correct answer is B: 'Other laws and regulations never take precedence or preempt HIPAA.' This statement is NOT correct. Other laws CAN and DO take precedence over HIPAA when they provide greater privacy protections or greater patient rights. Examples include 42 CFR Part 2…

Privacy and Security in Healthcare

Question

Which of the following statements is NOT correct?

Options

  • AStaff should have access to and use only the minimum necessary to perform their duties
  • BOther laws and regulations never take precedence or preempt HIPAA
  • CPHI includes a long list of individually identifiable data

How the community answered

(57 responses)
  • A
    4% (2)
  • B
    88% (50)
  • C
    9% (5)

Explanation

The correct answer is B: 'Other laws and regulations never take precedence or preempt HIPAA.' This statement is NOT correct. Other laws CAN and DO take precedence over HIPAA when they provide greater privacy protections or greater patient rights. Examples include 42 CFR Part 2 (substance abuse records) and various state laws that are more protective than HIPAA. HIPAA itself contains preemption rules that acknowledge when other laws apply instead. Options A and C are correct statements: minimum necessary access is a core HIPAA principle, and PHI does include a long list of individually identifiable data elements.

Topics

#HIPAA#Minimum Necessary Rule#Protected Health Information (PHI)#Regulatory Preemption

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