Contrary laws that are either more stringent with regard to protection of privacy OR grant more rights to the individual will preempt the HIPAA Privacy Rule which merely sets a minimum federal standard - or floor - with regard to medical information privacy. See 45 CFR 160 Part B - Preemption of State Law - Section 160.202.
-----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] Sent: Monday, March 24, 2003 11:17 AM To: WEDI SNIP Privacy Workgroup List Subject: Re: psych notes There may be reason to look at this again. "More stringent" as in greater restriction on the patient or the staff? If HIPAA explicitly gives the patient right to access their own record, which regs prempt? Dale K Howe Grand Rapids, MI In a message dated 3/24/2003 1:30:53 PM Eastern Standard Time, [EMAIL PROTECTED] writes: > Paulette, as I'm reading Colorado statute as it is being currently modified: http://www.leg.state.co.us/2003a/inetcbill.nsf/fsbillcont/12872ADAA2C72AF087 256C5A00624B00?Open&file=051_ren.pdf > > I think Colorado law may be more stringent. It reads to me that all 'mental health records' are restricted from access by the patient -- at least while therapy is occurring. > --- The WEDI SNIP listserv to which you are subscribed is not moderated. The discussions on this listserv therefore represent the views of the individual participants, and do not necessarily represent the views of the WEDI Board of Directors nor WEDI SNIP. If you wish to receive an official opinion, post your question to the WEDI SNIP Issues Database at http://snip.wedi.org/tracking/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time. You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED] To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED] If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org --- The WEDI SNIP listserv to which you are subscribed is not moderated. The discussions on this listserv therefore represent the views of the individual participants, and do not necessarily represent the views of the WEDI Board of Directors nor WEDI SNIP. If you wish to receive an official opinion, post your question to the WEDI SNIP Issues Database at http://snip.wedi.org/tracking/. These listservs should not be used for commercial marketing purposes or discussion of specific vendor products and services. They also are not intended to be used as a forum for personal disagreements or unprofessional communication at any time. You are currently subscribed to wedi-privacy as: [EMAIL PROTECTED] To unsubscribe from this list, go to the Subscribe/Unsubscribe form at http://subscribe.wedi.org or send a blank email to [EMAIL PROTECTED] If you need to unsubscribe but your current email address is not the same as the address subscribed to the list, please use the Subscribe/Unsubscribe form at http://subscribe.wedi.org
