Question

if hipaa rules are stricter than state law which standard shuld you foolow and why? what if the state law was stricter?

Answer 1

I think you have to follow whichever is stricter, to avoid getting into trouble.

Answer 2

It is legal for states to inact legislation stricter than federal rule of law. That being said, especially when dealing with issues that undoubtedly involve rights to privacy such as hipaa, I would follow the federal rule at a minimum. If you are involved in a state with tougher standards and you fall under those standards (you are in that state or are conducting business in that state), I would certainly follow those mandates. A rule to live by: You don't want to go to jail.