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Will a state law preemption exception determination apply only to the entity that requested the determination?

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  • Will a state law preemption exception determination apply only to the entity that requested the determination?

No. Preemption exception determinations issued by the Department of Health and Human Services (HHS) will apply generally to all persons subject to the particular provision of State law for which the exception was granted. When an exception determination is made, HHS will promptly inform the public through publication of notice in the Federal Register, and on HHS’ web sites, including the OCR Privacy web site.


October 2018

Tags: Preemption of State Law, minor, HIPPA

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