If HIPAA rules are stricter than state law which standard should you follow and why What if the state law was stricter?
HIPAA, Terms of the HIPAA privacy rule do not per se preempt the
laws, rules, or regulations of various states, except where the
laws, rules, or regulations are contrary to the HIPAA privacy rule.
Therefore, the HIPAA privacy rule provides a floor of protection.
Where the state laws are more stringent than a standard requirement
or implementation specification of the HIPAA privacy rule, the
health-care provider must comply with both the federal and state
provisions.