
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1320d-7]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
   SUBCHAPTER XI--GENERAL PROVISIONS, PEER REVIEW, AND ADMINISTRATIVE 
                             SIMPLIFICATION
 
                  Part C--Administrative Simplification
 
Sec. 1320d-7. Effect on State law


(a) General effect

                          (1) General rule

        Except as provided in paragraph (2), a provision or requirement 
    under this part, or a standard or implementation specification 
    adopted or established under sections 1320d-1 through 1320d-3 of 
    this title, shall supersede any contrary provision of State law, 
    including a provision of State law that requires medical or health 
    plan records (including billing information) to be maintained or 
    transmitted in written rather than electronic form.

                           (2) Exceptions

        A provision or requirement under this part, or a standard or 
    implementation specification adopted or established under sections 
    1320d-1 through 1320d-3 of this title, shall not supersede a 
    contrary provision of State law, if the provision of State law--
            (A) is a provision the Secretary determines--
                (i) is necessary--
                    (I) to prevent fraud and abuse;
                    (II) to ensure appropriate State regulation of 
                insurance and health plans;
                    (III) for State reporting on health care delivery or 
                costs; or
                    (IV) for other purposes; or

                (ii) addresses controlled substances; or

            (B) subject to section 264(c)(2) of the Health Insurance 
        Portability and Accountability Act of 1996, relates to the 
        privacy of individually identifiable health information.

(b) Public health

    Nothing in this part shall be construed to invalidate or limit the 
authority, power, or procedures established under any law providing for 
the reporting of disease or injury, child abuse, birth, or death, public 
health surveillance, or public health investigation or intervention.

(c) State regulatory reporting

    Nothing in this part shall limit the ability of a State to require a 
health plan to report, or to provide access to, information for 
management audits, financial audits, program monitoring and evaluation, 
facility licensure or certification, or individual licensure or 
certification.

(Aug. 14, 1935, ch. 531, title XI, Sec. 1178, as added Pub. L. 104-191, 
title II, Sec. 262(a), Aug. 21, 1996, 110 Stat. 2029.)

                       References in Text

    Section 264(c)(2) of the Health Insurance Portability 
andAccountability Act of 1996, referred to in subsec. (a)(2)(B), is 
section 264(c)(2) of Pub. L. 104-191, which is set out as a note under 
section 1320d-2 of this title.
