I believe that this issue will be discussed on the following upcoming audioconference:
HIPAA ADMINISTRATIVE SIMPLIFICATION, FEDERAL PREEMPTION & STATE LAW & REGULATION Practical Guidance & Compliance Strategies www.HIPAAAudioconferences.com -- Wednesday, July 10, 2002 7:00 am - 8:30 am H/AST (Hawaii-Aleutian) 9:00 am - 10:30 am ADT (Alaska) 10:00 am - 11:30 am PDT (and Arizona) 11:00 am - 12:30 pm MDT 12:00 pm - 1:30 pm CDT 1:00 pm - 2:30 pm EDT FEATURES: -- Mark Barnes, Esq., Partner, Ropes & Gray, Co-author, Practical Guidance on HIPAA Preemption of State Laws: Analytical Framework & Preemption Methodology (AHLA, 2002) & Former Associate Commissioner for Medicaid & Legal Policy, New York City Dept of Health, New York NY -- Bruce Merlin Fried, Esq., Partner, Shaw Pittman, Former Director, Center for Health Plans & Providers, HCFA & Director, AAHP/HIAA HIPAA & State Law Compliance Project, Washington DC -- Joy Pritts, Esq., Sr Counsel, Health Privacy Project, Institute for Healthcare Research & Policy, Georgetown University & Co-author, State of Health Privacy: An Uneven Terrain (A Comprehensive Survey of State Health Privacy Statutes), Washington DC -- Jean O. Quarrier, Esq., Associate Counsel, Bureau of House Counsel, New York State Department of Health, Albany, NY -- Clark Stanton, Esq., Partner, Davis Wright Tremaine and Editor, California Healthcare Association HIPAA Privacy Manual, San Francisco, CA -- Alan S. Goldberg, Esq., Partner, Goulston & Storrs, Adjunct Professor, Suffolk University Law School & University of Maryland School of Law, Moderator, AHLA HIT Listserve & Director, ABA Health Law Section HIPAA & State Law Project, Boston MA (Moderator) -----Original Message----- From: Tomak-Maurer, Tonya (Chicago) [mailto:[EMAIL PROTECTED]] Sent: Sunday, July 07, 2002 8:36 AM To: '[EMAIL PROTECTED]' Subject: State Preemption and ERISA Anyone have any thoughts on HIPAA state pre-emption and ERISA. I found the below paragraph in a published article...any concurring or differing opinions. "In general, HIPAA preempts all state laws that establish privacy standards that are contrary to the Privacy Rule. However, state laws that are deemed to be "more stringent" than the Privacy Rule are excepted from preemption by HIPAA. Therefore, the Privacy Rule establishes a "federal floor" approach whereby many state privacy laws will continue in effect. However, HIPAA does not change the traditional preemption analysis under ERISA, whereby any state law that "relates to" an employee benefit plan is preempted by ERISA, except for insurance regulation. Therefore, self-insured health plans arguably would continue to be exempt from state privacy laws under current ERISA preemption analysis leaving only insured health plans and health plans exempt from ERISA (such as church and governmental plans) to be subject to state laws that are more stringent than the Privacy Rule." Thanks, Tonya W: 312.704.2494 > Notice of Confidentiality > This transmission contains information that may be confidential and that > may also be privileged. Unless you are the intended recipient of the > message (or authorized to receive it for the intended recipient), you may > not copy, forward, or otherwise use it, or disclose its contents to anyone > else. If you have received this transmission in error, please notify us > immediately and delete it from your system. > > The WEDI SNIP listserv to which you are subscribed is not moderated. The discussions on this listserv therefore represent the views of the individual participants, and do not necessarily represent the views of the WEDI Board of Directors nor WEDI SNIP. If you wish to receive an official opinion, post your question to the WEDI SNIP Issues Database at http://snip.wedi.org/tracking/. Posting of advertisements or other commercial use of this listserv is specifically prohibited. The WEDI SNIP listserv to which you are subscribed is not moderated. The discussions on this listserv therefore represent the views of the individual participants, and do not necessarily represent the views of the WEDI Board of Directors nor WEDI SNIP. If you wish to receive an official opinion, post your question to the WEDI SNIP Issues Database at http://snip.wedi.org/tracking/. Posting of advertisements or other commercial use of this listserv is specifically prohibited.
