Examples of Federal Laws that Impact State or may Preempt State Healthcare and Privacy Law

  • American Recovery and Reinvestment Act (ARRA) HITECH Act
  • Medicare Secondary Payer Act (MSPA)
  • Health Information Accountability and Portability Act (HIPAA)
  • False Claims Act

Experience with State Laws

  • California – California Confidentiality of Medical Information Act (CMIA) (CA Civil Code §56 et seq.)
  • Oregon – §414.625 Coordinated Care Organizations, §742.420 and §742.440 Medical and Ancillary Services
  • Texas Prompt Pay Act (Sec 28.002)
  • Texas Prompt Pay Act
  • Texas, duty to mitigate Plaintiff’s medical costs
  • Intersection of State and Federal laws – the impact of other jurisdictions and substantive laws which may need to be considered

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