Or. Admin. Code § 943-014-0455

Current through Register Vol. 63, No. 12, December 1, 2024

Section 943-014-0455 - Order of Precedence

(1) These rules shall be interpreted as broadly as necessary to implement and comply with HIPAA, the Privacy Rule, the Security Rule, and the HITECH Act.

(2) Any ambiguity in these rules shall be resolved in favor of a meaning that complies and is consistent with HIPAA, the Privacy Rule, the Security Rule, and the HITECH Act.

(3) Any ambiguity in the contract shall be resolved to permit the Authority and business associate to implement and comply with HIPAA, the HITECH Act, the Privacy Rule and the Security Rule.

(4) If a conflict arises between these rules and the provisions of the contract, these rules shall control.

(5) If a conflict arises between the provisions of the contract and the Privacy Rule, the Security Rule, or the HITECH Act, the Privacy Rule, the Security Rule, and the HITECH Act shall control.

(6) If conflict arises between these rules and the Privacy Rule, Security Rule, or HITECH Act, the Privacy Rule, Security Rule, and the HITECH Act shall control.

(7) These rules shall not supersede any other federal or state law or regulation governing the legal relationship of the parties, or the confidentiality of records or information, except to the extent that HIPAA and the HITECH Act preempt those laws or regulations.

Or. Admin. Code § 943-014-0455

OHA 1-2013(Temp), f. & cert. ef. 8-23-13 thru 2-18-14; OHA 1-2014, f. 2-12-14, cert. ef. 2-18-14

Stat. Auth.: ORS 413.042

Stats. Implemented: ORS 179.505, 192.553, 192.556 - 192.581, 413.032, 413.042 & 414.065