[Code of Federal Regulations]
[Title 45, Volume 1]
[Revised as of October 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR160.203]
[Page 671-672]
TITLE 45--PUBLIC WELFARE
SUBTITLE A--DEPARTMENT OF HEALTH
AND HUMAN SERVICES
PART 160--GENERAL ADMINISTRATIVE REQUIREMENTS--Table of Contents
Subpart B--Preemption of State Law
Sec. 160.203 General rule and exceptions.
A standard, requirement, or implementation specification adopted
under this subchapter that is contrary to a provision of State law
preempts the provision of State law. This general rule applies, except
if one or more of the following conditions is met:
(a) A determination is made by the Secretary under Sec. 160.204 that
the provision of State law:
(1) Is necessary:
(i) To prevent fraud and abuse related to the provision of or
payment for health care;
(ii) To ensure appropriate State regulation of insurance and health
plans to
[[Page 672]]
the extent expressly authorized by statute or regulation;
(iii) For State reporting on health care delivery or costs; or
(iv) For purposes of serving a compelling need related to public
health, safety, or welfare, and, if a standard, requirement, or
implementation specification under part 164 of this subchapter is at
issue, if the Secretary determines that the intrusion into privacy is
warranted when balanced against the need to be served; or
(2) Has as its principal purpose the regulation of the manufacture,
registration, distribution, dispensing, or other control of any
controlled substances (as defined in 21 U.S.C. 802), or that is deemed a
controlled substance by State law.
(b) The provision of State law relates to the privacy of health
information and is more stringent than a standard, requirement, or
implementation specification adopted under subpart E of part 164 of this
subchapter.
(c) The provision of State law, including State procedures
established under such law, as applicable, provides for the reporting of
disease or injury, child abuse, birth, or death, or for the conduct of
public health surveillance, investigation, or intervention.
(d) The provision of State law requires a health plan to report, or
to provide access to, information for the purpose of management audits,
financial audits, program monitoring and evaluation, or the licensure or
certification of facilities or individuals.