WTF Is Preemption?

Is it just me that finds it infuriating that we are expected to comply with complex laws and statutes, but the legislators and regulatory bodies make it so damn hard to decipher what they mean when they speak in legalese? I'm a big proponent of following rules (okay, okay... most of the time... 🤭), but how are we supposed to follow them if we can't even understand what they are asking of us? And if there are multiple laws on the same subject, how the hell do we know which one applies?

When it comes to the interaction between federal and state laws, things can get a bit ~confusing~ to say the least. And this is where preemption comes into play.Ā 

Preemption isĀ a legal doctrine that allows a higher level of government to limit or even eliminate the power of a lower level of government to regulate a specific issue.

So what does this have to do with your private practice? The most striking example is the interaction of HIPAA legislation and the state laws where you practice. HIPAA is fed...

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