Discuss IAPP CIPP/US Exam Topic 3 Question 84

Which federal law or regulation preempts state law?

AHealth Insurance Portability and Accountability Act

BControlling the Assault of Non-Solicited Pornography and Marketing Act

CTelemarketing Sales Rule

DElectronic Communications Privacy Act of 1986

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

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13 comments · newest first

Stephania 10 months ago

Totally agree, HIPAA is the one that preempts!

Oliva 11 months ago

I thought it was the Electronic Communications Privacy Act?

Coletta 11 months ago

Not sure about that, seems like a tricky topic.

Rosalind 11 months ago

Wait, does the Telemarketing Sales Rule really preempt state law?

Marsha 11 months ago

It's definitely the Health Insurance Portability and Accountability Act.

Josephine 12 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.

William 12 months ago

I’m torn between the HIPAA and the Electronic Communications Privacy Act. I need to recall which one has more federal authority.

Celestina 1 year ago

I remember practicing a question about federal preemption, and I feel like it was related to healthcare laws.

Osvaldo 1 year ago

I think the Health Insurance Portability and Accountability Act might be the one that preempts state law, but I'm not entirely sure.

Bethanie 1 year 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.

Malcolm 1 year 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.

Mona 1 year 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.

Tiffiny 1 year 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.

IAPP CIPP/US Exam - Topic 3 Question 84 Discussion