When federal and state law conflict regarding health information, which should be followed?

When federal and state laws conflict in the realm of health information, the stricter of the two laws should be followed. This principle is based on the legal concept known as "preemption," where a higher level of government law (in this case, federal law) can set a standard. However, when state law provides greater protection for individual privacy or health information than federal law, the state law prevails due to its stricter terms.

Adhering to the stricter law ensures that health information is protected to the highest degree possible, safeguarding patients' rights and privacy. In practical terms, this means that healthcare organizations must be aware of both state and federal regulations and implement practices that comply with the strongest of the two, thereby ensuring comprehensive compliance and protection of health information. This understanding is particularly important in settings where nuances in state laws provide additional safeguards beyond those established at the federal level.