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HIPAA Preemption Analysis

In adopting HIPAA, Congress determined that this federal law takes precedence over contrary state law unless state law is more stringent than federal law or unless a specific exception applies.

The Alaska State Comparative Health Law Matrix is intended to be a quick reference source for preemption analysis. It is a side by side comparison of the federal HIPAA Privacy Rule and Alaska statutes and regulations dealing with confidentiality of health care information.

This analysis is primarily designed to aid the Alaska Department of Health and Social Services with its health care information confidentiality and disclosure requirements. It may not be helpful for other health care organizations because of that perspective.

The DHSS legal contact is:

Elizabeth Hickerson, Assistant Attorney General
Office of the Attorney General
1031 W. Fourth Avenue, Suite 200
Anchorage, AK 99501