42 USC § 17951 - Relationship to other laws

---
identifier: "/us/usc/t42/s17951"
source: "usc"
legal_status: "official_prima_facie"
title: "42 USC § 17951 - Relationship to other laws"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
section_number: "17951"
section_name: "Relationship to other laws"
chapter_number: 156
chapter_name: "HEALTH INFORMATION TECHNOLOGY"
subchapter_number: "III"
subchapter_name: "PRIVACY"
part_number: "B"
part_name: "Relationship to Other Laws; Regulatory References; Effective Date; Reports"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 111–5, div. A, title XIII, § 13421, Feb. 17, 2009, 123 Stat. 276.)"
---


# § 17951. Relationship to other laws

**(a)** **Application of HIPAA State preemption** 42 U.S.C. 1320d–742 U.S.C. 1320d42 U.S.C. 1320d–1

Section 1178 of the Social Security Act () shall apply to a provision or requirement under this subchapter in the same manner that such section applies to a provision or requirement under part C of title XI of such Act [ et seq.] or a standard or implementation specification adopted or established under sections 1172 through 1174 of such Act [ to 1320d–3].

**(b)** **Health Insurance Portability and Accountability Act of 1996** The standards governing the privacy and security of individually identifiable health information promulgated by the Secretary under sections 262(a) and 264 of the Health Insurance Portability and Accountability Act of 1996 shall remain in effect to the extent that they are consistent with this subchapter. The Secretary shall by rule amend such Federal regulations as required to make such regulations consistent with this subchapter.

**(c)** **Construction** Nothing in this subchapter shall constitute a waiver of any privilege otherwise applicable to an individual with respect to the protected health information of such individual.

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**Source Credit**: (Pub. L. 111–5, div. A, title XIII, § 13421, Feb. 17, 2009, 123 Stat. 276.)

## Editorial Notes

### References in Text

This subchapter, referred to in text, was in the original “this subtitle”, meaning subtitle D (§ 13400 et seq.) of title XIII of div. A of , , , which is classified principally to this subchapter. For complete classification of subtitle D to the Code, see Tables.

The Social Security Act, referred to in subsec. (a), is , . Part C of title XI of the Act is classified generally to part C (§ 1320d et seq.) of subchapter XI of chapter 7 of this title. For complete classification of this Act to the Code, see  and Tables.

The Health Insurance Portability and Accountability Act of 1996, referred to in subsec. (b), is , , . Section 262(a) of the Act enacted sections 1320d to 1320d–8 of this title. Section 264 of the Act is set out as a note under . For complete classification of this Act to the Code, see Short Title of 1996 Amendments note set out under  and Tables.