Preemption Analysis of Utah Law
The Health Insurance Portability and Accountability Act is a federal statute governing various aspects of health information. In adopting the Act, Congress expressly intended to preempt contrary state law, unless state law is more stringent or a specific exception applies. 42 U.S.C. § 1320d-7.
A workgroup comprised of private and public representatives collaborated in developing a guide to assist the health care industry and public entities impacted by the Act. This guide results from the workgroup’s combined efforts in applying standard preemption analysis to selected state laws that relate to the use or disclosure of health information. From time to time, further examination of Utah law may occur and be reported in later revisions.
The analysis briefly describes the law or rule analyzed, indicates whether or not the Utah law or rule is consistent with HIPAA, cites the specific section[s]
of Title 45 of the Code of Federal Regulations, and provides a brief synopsis of the
preemption analysis and in some instances additional code citations. (PDF)
Law Enforcement Access to Private Health Information
A workgroup comprised of law enforcement, private and public representatives involved with health care in Utah collaborated in developing the following material. Attached are two documents.
First, a standard law enforcement specific authorization form (PDF). Access to private health information using a proper authorization is the easiest and fastest way to obtain documents. You are encouraged to use the standard authorization form whenever possible.
Second, an outline of the applicable laws governing law enforcement's access to private health information (PDF) under the federal HIPAA privacy law and related federal and state laws. This information should assist law enforcement officials to expeditiously access private health care information from health care entities in Utah.
Every effort was made to anticipate the variety of situations where law enforcement has a right to access this type of information. After consulting with counsel, please provide feedback through this website if you are confronted with a situation that does not seem to be addressed by the outline.
General HIPAA and Consumer Information:
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The information contained in documents posted on this web site were developed as a joint venture of private and public entities. They are intended as a reference guides only. The authors and compilers of these documents have attempted to assure the information is current and accurate as of the date of the publications; however, no guarantee of accuracy or warranties of any kind are made. Users of this information are cautioned to review and update their implementation and application practices when federal and state privacy laws are amended or new ones are adopted. The information provided does not constitute the rendering of legal or other professional advice by any individuals or entities associated with the HIPAA preemption analysis project. Independent legal counsel should be consulted regarding compliance with the requirements of the HIPAA.