Irrespective of whether a licensee is subject to the federal Health Insurance Portability and Accountability Act of 1996 privacy rule as promulgated by the United States Department of Health and Human Services, codified at 45 C.F.R. pts. 160 – 164) (the “federal rule”), if a licensee complies with all requirements of the federal rule except for its effective date provision, the licensee shall not be subject to the provisions of this subpart.

Codification Notes: Health Insurance Portability and Accountability Act of 1996 (HIPAA) was enacted as Pub. L. No. 104-191.