State  

State
  Association Contact

 Preemption Analysis Project Status

New York

 Mark Thomas
 518-431-7719

State Preemption Analysis
The state association did not attempt to do its own pre-emption analysis, preferring instead to rely on the "official" decisions made by the respective state agencies when they analyze their own laws. For example, the New York State Department of Health has identified specific provisions of state law that its intends to enforce as more stringent than the HIPAA requirements. A chart identifying these provisions can be found here:
http://www.health.state.ny.us/nysdoh/hipaa/hipaa.htm

In addition, the New York State Office of Mental Health has conducted an analysis to examine the interplay between the HIPAA Privacy regulations and a variety of New York State statutes, regulations, and other precedent related to using and disclosing mental health treatment information. This analysis specifically reflects the authority most commonly consulted by providers of mental health services. It, however, does not examine a variety of other sources that may have "force and effect" of law, such as the NYS Constitution, NYS Attorney General Opinions, or case law. The analysis was drafted for internal use by New York State Office of Mental Health employees, and is intended to provide initial guidance to others undertaking an examination of New York State law. The analysis is available by going to
http://www.omh.state.ny.us/omhweb/hipaa/index.htm

National Preemption Analysis
The AHA and the Healthcare Association of New York State are pleased to let New York hospitals know that jointly we are making available a HIPAA preemption analysis of the state’s laws. The analysis is part of a comprehensive national HIPAA preemption analysis that the AHA helped fund together with several national provider groups and other organizations under the direction of the Healthcare Leadership Council. Unlike many other studies, this study extends to all types of covered entities including hospitals, nursing homes, pharmacies, physician offices, and home health agencies as well as employer plans and utilization review organizations. For each state, the study uses the same analytical framework, provides the same level of detail, and follows the same format, etc. The state analysis is available now on a special password-accessible Web site.
To access the study site, click here.

GNYHA hired the Boston-based law firm of Ropes and Gray to conduct a preemption analysis for its members. Preliminary analysis is very basic. More detailed information will be available by Nov.

Analysis will probably be reimbursed for part of the cost (not determined yet). Will probably sell to outside organizations.