However, there are several
exceptions to the
general January 1, 2018 coming into force date which
relate to the ESA, for example, the equal pay for equal work comes into force April 1, 2018, and scheduling changes and reporting / on - call pay on January 1, 2019.
Fourth, in § 160.203, several criteria
relating to the statutory grounds for
exception determinations have been further spelled out: (1) The words «
related to the provision of or payment for health care» have been added to the
exception for fraud and abuse; (2) the words «to the extent expressly authorized by statute or regulation» have been added to the
exception for state regulation of health plans; (3) the words «of serving a compelling need
related to public health, safety, or welfare, and, where a standard, requirement, or implementation specification under part 164 of this subchapter is at issue, where the Secretary determines that the intrusion into privacy is warranted when balanced against the need to be served» have been added to the
general exception «for other purposes»; and (4) the statutory provision regarding controlled substances has been elaborated on as follows: «Has as its principal purpose the regulation of the manufacture, registration, distribution, dispensing, or other control of any controlled substance, as defined at 21 U.S.C. 802, or which is deemed a controlled substance by state law.»
There are three
exceptions to this
general rule of preemption: State laws that the Secretary determines are necessary for certain purposes set forth in the statute; state laws that the Secretary determines address controlled substances; and state laws
relating to the privacy of Start Printed Page 82471individually identifiable health information that are contrary to and more stringent than the federal requirements.