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The Health Insurance Portability and Accountability Act of 1996 (HIPAA) requires physicians to protect the privacy and security of patients’ medical information and use a standard format to submit electronic transactions, such as claims, to payers.
HIPAA compliance is a complicated task. To assist you, SDSMA offers HIPAA resources, including the text of the regulations; sample policies and procedures; and a guide to understanding HIPAA’s preemption of South Dakota statutes. Other compliance resources are available through the American Medical Association.
Resources
- The Relationship of New Federal Privacy Rules and South Dakota Law: A Basic Guide for South Dakota Physicians Concerning Which Law Governs
The SDSMA’s legal counsel has developed a guide to assist physicians in meeting HIPAA compliance. In cases where new federal rules are more restrictive than current State law in terms of protecting the privacy of patient health information or granting patient rights regarding their own health information, the new federal rules will preempt existing State law and practitioners will need to comply with the more restrictive federal rule. In other cases, existing State law may be more restrictive, or the new federal rules may defer to State law, in which practitioners must continue to comply with State law. The purpose of this publication is to provide South Dakota physicians with some basic guidance concerning which law governs.
The Guide is available online free to SDSMA Members. Non-members can purchase access to the PDF by contacting the SDSMA office at 605-336-1965.
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