Which federal law or regulation preempts state law?
Which federal law or regulation preempts state law?
The Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act) preempts state laws, allowing for a national standard that overrides any state law that deals with the same subject matter, except for those state laws prohibiting falsity or deception. This ensures a uniform approach across the entire country regarding the regulation of unsolicited commercial email, making it the law that preempts state laws in its domain.
I think the answer is B.
B is the correct answer.
B - HIPAA does not preempt more stringent state laws, whereas CAN-SPAM preempts state law with the narrow exception for those that prohibit falsity or deception
States can enact stricter PHI privacy laws but cannot lessen the federal HIPAA requirements
Word of warning that the latest version of the learning material (Page 283) states "CAN-SPAM preempts most state laws......" i.e. Not all state laws
CAN-SPAM preempts state law and states are not allowed to pass stricter laws
The CAN‐SPAM Act provides a good example of federal preemption because it does not allow states to enforce any stricter statutes. For example, the CAN‐SPAM Act prevents states from passing laws requiring recipients to opt in to receive commercial messages.