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IAPP CIPP/US Exam - Topic 3 Question 84 Discussion

Which federal law or regulation preempts state law?
A) Health Insurance Portability and Accountability Act
B) Controlling the Assault of Non-Solicited Pornography and Marketing Act
C) Telemarketing Sales Rule
D) Electronic Communications Privacy Act of 1986

IAPP CIPP/US Exam - Topic 3 Question 84 Discussion

Actual exam question for IAPP's CIPP/US exam
Question #: 84
Topic #: 3
[All CIPP/US Questions]

Which federal law or regulation preempts state law?

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Suggested Answer: A

The Health Insurance Portability and Accountability Act (HIPAA) of 1996 is a federal law that regulates the privacy and security of health information in the United States.HIPAA preempts state laws that are contrary to its provisions, unless the state laws provide more stringent protections for health information12HIPAA establishes a floor of federal standards for health information privacy and security, but allows states to enact laws that are more protective of individuals' rights34For example, some states may require more specific consent from individuals before disclosing their health information, or impose stricter penalties for violations of health information privacy and security.HIPAA also provides exceptions for certain state laws that serve a compelling public interest, such as public health, safety, or welfare. Reference: https://www.findlaw.com/litigation/legal-system/the-supremacy-clause-and-the-doctrine-of-preemption.html

https://www.bonalaw.com/insights/legal-resources/when-does-federal-law-preempt-state-law


by Lelia at Aug 12, 2025, 05:12 AM

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Stephania
6 months ago
Totally agree, HIPAA is the one that preempts!
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Oliva
6 months ago
I thought it was the Electronic Communications Privacy Act?
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Coletta
6 months ago
Not sure about that, seems like a tricky topic.
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Rosalind
7 months ago
Wait, does the Telemarketing Sales Rule really preempt state law?
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Marsha
7 months ago
It's definitely the Health Insurance Portability and Accountability Act.
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Josephine
7 months ago
I vaguely remember that the Telemarketing Sales Rule has some federal guidelines, but I don’t think it preempts state law like HIPAA does.
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William
7 months ago
I’m torn between the HIPAA and the Electronic Communications Privacy Act. I need to recall which one has more federal authority.
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Celestina
8 months ago
I remember practicing a question about federal preemption, and I feel like it was related to healthcare laws.
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Osvaldo
8 months ago
I think the Health Insurance Portability and Accountability Act might be the one that preempts state law, but I'm not entirely sure.
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Bethanie
8 months ago
I think the Telemarketing Sales Rule is the best answer here. It's a federal regulation that sets standards for telemarketing calls, which would likely preempt any conflicting state laws.
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Malcolm
8 months ago
The Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM) seems like a good option, since it's a federal law regulating commercial email. But I'm not 100% certain that's the right answer.
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Mona
8 months ago
Hmm, I'm not totally sure about this one. I know there are a few federal laws that can preempt state law, but I'm not confident which one applies here. I'll have to think this through carefully.
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Tiffiny
8 months ago
I'm pretty sure the answer is the Health Insurance Portability and Accountability Act (HIPAA), since it's a federal law that sets national standards for protecting sensitive patient health information.
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