Acting Commissioner Kristin M. Woodlock, RN,
MPA
Governor Andrew M. Cuomo
New York State Office of Mental Health
HIPAA Privacy Rule
Preemption Analysis
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Prepared by the Office of Counsel
John V. Tauriello
Deputy Commissioner and Counsel
Julie Anne Rodak
Associate Counsel
Copyright 2002 New York State Office of Mental Health - All Rights Reserved
- Counsel letter
- Health Care Portability and Accountability Act Preemption Analysis
- Background, Scope of Analysis, Comments and Disclaimer
- Because the knowledge base surrounding, and interpretation of, HIPAA continues to evolve, determinations contained in the Preemption Analysis are subject to revision and change. The Preemption Analysis Update table captures a list of changes made since the Analysis was first published, and will be updated as needed.
- HIPAA Preemption Analysis
- New York State Law
- Mental Hygiene Law
- §7.09 Access to Criminal History Information
- §7.21 Directors of Facilities
- §7.33 Board of Visitors
- §7.38 Transitional Care
- §9.13 Voluntary Admission
- §9.25 Voluntary/Informal Admissions; Review of Status
- §9.27 Involuntary Admission on Medical Certification
- §9.31 Involuntary Admission; Notice of Admission to Patients & Others
- §9.33 Court Authorization to Retain An Involuntary Patient
- §9.37 Involuntary Admissionon Certificate of Director of Community Services
- §9.39 Emergency Admissions for Immediate Observation, Care & Treatment
- §9.40 Emergency Admissions for Immediate Observation, Care & Treatment in CPEP's
- §9.41 Emergency Admissions for Immediate Observation, Care & Treatment: Powers of Peace/Police Officers
- §9.45 Emergency Admissions for Immediate Observation, Care & Treatment: Powers of Directors of Community services
- §9.47 Duties of Local Officers
- §9.48 Duties of Directors of AOT Programs
- §9.51 Residential Treatment Facilities for Children & Youth
- §9.57 Emergency ADmissions for Immediate Observation, Care & Treatment: Powers of Emergency Room Physicians
- §9.58 Transport for Evaluation: Powers of Mobile Crisis Outreach Teams
- §9.60 "Kendra's Law" - Assisted Outpatient Treatment
- §29.9 Incident Reporting Procedures
- §31.06 Child Abuse Prevention
- §33.13 Clinical Records; Confidentiality
- §33.16 Access to Clinical Records
- §33.21 Consent for Mental Health Treatment of Minors
- §43.05 Investigations/Patient Resources
- §45.09 Procedures of the Commission on Quality of Care for the Mentally Disabled
- §45.17 Functions, Powers & Duties of the Mental Hygiene Medical Review Board
- Article 80 - Surrogate Decisions-Making & Article 81 - Guardianship
- Criminal Procedure Law
- Civil Practice Law and Rules
- Penal Law
- Labor Law
- Mental Hygiene Law
- Federal Law, Regulations
- Federal Protection & Advocacy for the Mentally Ill Act
- Confidentiality of Alcohol & Drug Abuse Patient Records - 42 CFR Part 2
- §2.4 - Criminal Penalty for Violation
- §2.11 - Definitions
- §2.12(c)(1) - Applicability/Veterans Administration
- §2.12(c)(2) - Applicability/Armed Forces
- §2.12(c)(3) - Communication within program
- §2.12(c)(4) - QSOA
- §2.12(c)(5) - Crime/Program Premises
- §2.12(c)(6) - Child Abuse Reports
- §2.12(d)(1) - Restrictions on Use
- §2.12(d)(2) - Restrictions on Disclosures
- §2.12(e)(1) - Explanation of Applicability/Coverage
- §2.12(e)(2) - Explanation of Applicability/Federal Assistance to Program Required
- §2.12(e)(3) - Explanation of Applicability/Information To which restrictions applicable
- §2.12(e)(4) - Explanation of Applicability/Diagnosis
- §2.13 (a) - Confidentiality Restrictions/General
- §2.13 (b) - Confidentiality Restrictions/Compliance
- §2.13 (c) - Confidentiality Restrictions/Acknowledgment
- §2.14 - Minor patients
- §2.15 - Incompetent/Deceased patients
- §2.16 - Security
- §2.17 - Undercover Agents/Informants
- §2.18 - Identification Cards
- §2.19 - Disposition of Records
- §2.21 - Relationship to Federal Statutes
- §2.22 - Notice
- §2.23 - Patient Access
- §2.31 - Form of written consent
- §2.32 - Prohibition on redisclosure
- §2.34 - Disclosures/Multiple enrollment
- §2.35 - Disclosures/Criminal Justice
- §2.51 - Medical Emergencies
- §2.52 - Research
- §2.53 - Audit/Evaluation
- §2.61 - Legal Effect of Order
- §2.62 - Order Not Applicable/Researchers et al
- §2.63 - Confidential Communications
- §2.64 - Procedures for Orders/Noncriminal
- §2.66 - Procedures for Orders/Prosecuting Program
- §2.67 - Orders/Use of Undercover Agents
- New York State Law
Comments or questions about the information on this page can be directed to the Office of the Counsel.