§ 63-6804. Compliance with federal law and regulations – Conflict of laws – Predesignation of hospitals.

A.  The Catastrophic Health Emergency Powers Act does not restrict any person from complying with federal law or regulations.  Any disclosure by a health care provider or other covered entity of information or data which is protected health information under the provisions of the Health Insurance Portability and Accountability Act of 1996 (“HIPPA”), Public Law 104-191, and which disclosure is occasioned or otherwise caused by the exercise of any emergency powers pursuant to the Catastrophic Health Emergency Powers Act, shall be deemed a disclosure for “Uses and Disclosures Required by Law”, as defined by 45 C.F.R., Section 164.512(a), and for “Uses and Disclosures for Public Health Activities”, as defined by 45 C.F.R., Section 164.512(b).

B.  During a catastrophic health emergency, in the event of a conflict between the Catastrophic Health Emergency Powers Act and other state or local laws or rules concerning public health powers, the provisions of the Catastrophic Health Emergency Powers Act apply.

C.  Nothing in the Catastrophic Health Emergency Powers Act shall imply the predesignation of hospitals.

Added by Laws 2003, c. 473, § 25.