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Unformatted text preview: What is the relationship between the fed HIPPA laws and state privacy laws?-- some state privacy laws provide more/less protection …Back to ERISA… Fed ERSIA preempts state law claims and remedies 3 Clauses of ERISA: 1. Preemption Clause - there is going to be one fed law and the states can not regulate in this area. The ERISA laws preempts state laws insofar as they relate to an ERISA plan. -- State laws continue to exist and can be applied by the state gov to plans that are non- ERISA 2. Saving Clause - exception to preemption, some state laws are saved from being preempted. -- Primarily insurance is regulated by state gov. Every state has a state insurance commissioner, and a state insurance dept. • What happens if an insurance company goes broke? There is a regulatory system in every state. The other insurance companies have to pool together to pay off the claims. every state....
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This note was uploaded on 04/05/2008 for the course HPAA 310 taught by Professor Deanharris during the Fall '07 term at UNC.
- Fall '07