Links to State HIPAA Administrative Simplification Preemption Materials Available on the Internet from State or Other Web Sites
1. ALASKA: http://health.hss.state.ak.us/das/is/hipaa/legal.htm and click on "the Alaska State Comparative Health Law Matrix".
2. ARIZONA: http://www.ahcccs.state.az.us/HIPAA/HIPAAPrivacy/PDFs/Pre-EmptionAnalysisReportv3.pdf.
3. CALIFORNIA: http://www.ohi.ca.gov/state/calohi/ohiHome.jsp, click on the left-hand side of the page on "Legal Issues", and their Privacy Rule preemption analyses come right up.
4. ILLINOIS: http://www.illinois.gov/hipaa/PreempAnalysis.pdf. When clicking through into this document from the main website, it requires anyone wishing to access the preemption analysis to first click-through an "I agree" set of disclaimers before one can proceed.
5. IOWA: http://www.state.ia.us/government/hipaa/isbacle.htm and click on "HIPAA Law Preemption Analysis of Iowa Law" near the bottom of the page.
6. KENTUCKY: http://www.mc.uky.edu/compliance/HIPAA/HIPAAProjectTeam.htm.
7. MARYLAND: http://www.dhmh.state.md.us/hipaa/pdf/MCMRAcomp.pdf.
8. MINNESOTA: http://www.dhs.state.mn.us/hipaa/DHSprivacylawsmatrix.pdf.
9. NEW YORK: http://www.oft.state.ny.us, click on "Central HIPAA Coordination Project", then "Tools and Deliverables", and scroll down to "Preemption Analyses".
10. SOUTH CAROLINA: http://www.hipaa.state.sc.us/tools.htm and click on the link to, "S.C. STATUTES POTENTIALLY PREEMPTED (Word file)".
11. WEST VIRGINIA: http://www.wvdhhr.org/hipaa/default.asp, then click through on the left side of the page on "Privacy", which will take you to: http://www.wvdhhr.org/hipaa/privacy.asp. Then, click on the various "preemption" links at the bottom of the page (e.g. http://www.wvdhhr.org/hipaa/documents/pre_matrix.pdf). (Note that this is a website using an "org" domain, but you will see that it states on the webpages that it is actually THE official State of West Virginia governmental HIPAA website).
Two additional sites which appear to relate to state governments, but are not State Web sites, are:
12. NORTH CAROLINA: http://www.nchica.org/HIPAAResources/Samples/Default.asp, and scroll down to: "Analysis of the HIPAA Privacy Rule and Selected North Carolina Statutes 12/11/01". This is the website of NCHICA (the North Carolina Healthcare Information and Communications Alliance, Inc.), a "nonprofit consortium" whose members, the website states, include "national, state and local health agencies". Some have said that participants in creating these preemption analyses included the "state AG's office, the NC DHHS staff, and the UNC Institute of Government". As with Illinois' website, this website requires a click-through agreement to a disclaimer before one can proceed. (These analyses appear to be outdated, however, dating from December 2001).
13. WISCONSIN: http://www.hipaacow.org/hipaacow/index.html. Go to Documents/Deliverables and follow the links to the documents site. This is the website of HIPAACOW (the HIPAA Collaborative of Wisconsin), a collaborative effort which includes several public and private entities including the WI Dept Health & Family Services (WIDHFS). But while this analysis isn't posted publicly on a Wisconsin website, some have said that WIDHFS created several parts of this preemption analysis, and WIDHFS attorneys approved of the other sections. The analysis notes "The workgroup consulted with the Wisconsin Department of Health and Family Services and the analysis has been reviewed by the Department in February 2003."
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Last Updated: August 7, 2003