Examples of Federal Laws that Impact State or may Preempt State Healthcare and Privacy Law

• American Recovery and Reinvestment Act (ARRA) HITECH Act
• Medicare Secondary Payer Act (MSPA)
• Health Information Accountability and Portability Act (HIPAA)
• False Claims Act

Experience with State Laws

• California – California Confidentiality of Medical Information Act (CMIA) (CA Civil Code §56 et seq.)
• Oregon – §414.625 Coordinated Care Organizations, §742.420 and §742.440 Medical and Ancillary Services
• Texas Prompt Pay Act (Sec 28.002)
• Texas Prompt Pay Act
• Texas, duty to mitigate Plaintiff’s medical costs
• Intersection of State and Federal laws – the impact of other jurisdictions and substantive laws which may need to be considered