We also disagree with commenters who suggest that the approach in the final rule is contrary to
the preemption provisions in HIPAA.
Not exact matches
The
preemption provisions upset the historical federal - state balance
in financial regulation, wrongfully interfere with traditional state enforcement authority, and frustrate the ability of state regulators to protect student borrowers who rely on federal student loan programs.
In a scathing indictment of the over-reaching effects of ERISA
preemption, Judge William Young of the United States District Court for the District of Massachusetts implored Congress to amend ERISA's civil enforcement
provision to allow recovery against utilization review providers and insurers.
To the extent state laws contain
provisions regarding portability, access, or renewability, as well as privacy requirements, a covered entity will need to evaluate the privacy
provisions under the Title II
preemption provisions, as explained
in the
preemption provisions of the rules, and the other
provisions under the Title I
preemption requirements.
The breadth of this
provision greatly exceeds the exceptions to
preemption contained
in HIPAA.»