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FAQ 407 Will a state law preemption exception determination apply only to the entity that requested the determination?

This is guidance regarding state law preemption determinations

Final

Issued by: Office for Civil Rights (OCR)

Will a state law preemption exception determination apply only to the entity that requested the determination?

Answer:

No. Preemption exception determinations issued by the Department of Health and Human Services (HHS) will apply generally to all persons subject to the particular provision of State law for which the exception was granted. When an exception determination is made, HHS will promptly inform the public through publication of notice in the Federal Register, and on HHS' web sites, including the OCR Privacy web site.

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DISCLAIMER: The contents of this database lack the force and effect of law, except as authorized by law (including Medicare Advantage Rate Announcements and Advance Notices) or as specifically incorporated into a contract. The Department may not cite, use, or rely on any guidance that is not posted on the guidance repository, except to establish historical facts.