Territoriality is usually an active form of competition, while preemption is passive. Contract clause A. freedom of the press Question 31 1 out of 1 points Which of the following statements is correct regarding HIPAA preemption doctrine? C. the exclusion clause Resource-allocation state is defined by the number of available and allocated resources, and the maximum demands of the processes. A. Filing a fraudulent return is considered misreporting your income by the IRS and can result in criminal or civil penalties. B. Which of the following is the provision of the U.S. Constitution that establishes federal law precedence over state law? It must directly advance a government interest. If a federal law preempts a subject, then any state law that attempts to regulate the same activity is unconstitutional. C. freedom of speech Comment: Numerous commenters, particularly providers and provider groups, recommended that exception determinations and advisory opinions not be limited to states and advocated allowing all covered entities (including individuals, providers and insurers), or private sector organizations, to request determinations and opinions with respect to preemption of state laws. (2) Has as its principal purpose the regulation of the manufacture, registration, distribution, dispensing, or other control of any controlled substances (as defined in 21 U.S.C. E. presumed valid, Valencia secures a good grade with a 4.0 GPA in her admission test. E. age, 1.a How can glaciated landscapes be viewed as, The Cultural Landscape: An Introduction to Human Geography, AP Edition. Which classification or scrutiny would be appropriate for a court to use to examine a state regulation requiring firefighters to be men because of the demanding physical requirements of the job? We do not agree, however, that confusion should result, where the issue is whether a given state law has been preempted under section 1178(a)(2)(A). This means that, for example, a state law that was enacted and enforced for many years will be preempted by federal law for the period of time during which it takes the Secretary to make a determination. 2. B. legitimacy E. Due process. An alternative design was safer and available and the manufacturer did not use the alternative. A. E. The federal power to regulate foreign commerce is relative to the power exercised by the state and local governments. C. weight We agree, however, that the case is different where the Secretary has affirmatively acted, either through granting an exception under section 1178(a)(2)(A) or by making a specific determination about the effect of a particular state privacy law in, for example, the course of determining an entity's compliance with the privacy standards. However, she is denied admission by a community college. Your co-worker has earned praise from your boss and outstanding performance reviews. D. Only the security level of the user-defined zone can be configured. In this case, Gerard is most likely to be accused of ______. She claims that she was rejected because the college used race as an important factor, giving applicants belonging to minority groups a greater chance for admission than D. national origin In what situation would justification be appropriate? The strict scrutiny approach is applied to cases involving rights such as the In each scenario, will wages rise above the market equilibrium or fall below it? A. gender Which of the following statements correctly reflects the role of a federal administrative law judge (ALJ)? The price for these studies varies widely, with most in the range of a few hundred dollars. It falls between the minimum and quasi-strict scrutiny approaches. What is the tort in which one business seeks to interfere with the profits or market edge its competitor hopes to gain by entering into a contractual relationship? One of the commenters suggested that requests for exceptions be required only when a challenge is brought against a particular state law, and that a presumption of validity should lie with state laws. D. the need of a specific resource to the public. Choose 2 answer choices. A True 14 Q TRUE/FALSE Which of the following statements is true of preemption? t: 216.523.5405 Which branch of government has the authority to enact law? true, As in Deadlock prevention, request for a resource may not be granted even if the resulting state is safe. 4. > FAQ E. Under this approach, a law creating different classifications will survive if it has no connection to a permissible state end. Which of the following federal laws preempts a state law that authorizes a tort claim by workers that a union has breached its duty to ensure a safe workplace? We have deferred to Congressional intent by crafting the permissible releases for public health, abuse, and oversight broadly. The concept of HIPAA preemption is not specific to HIPAA. This instance of regulation on advertising about food products is an example of a limitation on ______. D. the overbreadth doctrine We reviewed their content and use your feedback to keep the quality high. Selected Answer: A. Response: These comments seem to be principally concerned with potential conflicts between state privacy laws and the privacy standards, because, as is more fully explained below, preemption of contrary state laws not relating to privacy is automatic unless the Secretary affirmatively acts under section 1178(a)(2)(A) to grant an exception. Steps for creating a statutory law include filing a bill in the legislature, debating and voting on the bill in committees and in the legislative assembly, and ultimately: becoming an act when signed by the president or state governor, or if vetoed, when the veto is overridden. Which of the following is NOT an exception to the minimum necessary rule? E. Freedom of speech for corporations cannot be limited by the government under any circumstance. What is the system of government called in which states form a union and share sovereign power with the central government of the union? C. Exclusion clause Then if the Secretary determines that the state law is not preempted, the state law will again become effective. When an agency needs to enforce the law or its regulations, it may exercise which of the following powers? b. "Preemption" means that the federal regulatory scheme is controlling. B. Another comment requested an exception for Home and Community Based Waiver Services from the transactions standards. E. the establishment clause. Two zones cannot be configured with the same security level. What do you think might happen if you go through with your plan? What is true of corporate political speech? B. overbreadth doctrine -preemption -defensive measures -criminalization -negotiation Incorrect: -spoiling -provocation Most terrorist attacks are domestic and not transnational in nature. Justification is appropriate for either type of wrongful interference tort. 3) The adaptive mutex is only used to protect short segments of code. If a trial court judge is deciding an issue that has never come before the court (a case of first impression), they: Agency rules are similar to statutes because of which one of the following? My state law authorizes health care providers to report suspected child abuse to the state department of health and social services. Your employer is concerned, however, that customers will be uncomfortable by the transition and will find other places to enjoy a meal. They exhibit their art pieces at art shows. Choose 2 answer choices. The failure to use a safer design was the cause of harm to the plaintiff. Because the second event breaks the causal connection between the defendant's act and the plaintiff's injuries. B. What does PHI stand for? D. rational-basis true, As in Deadlock avoidance, if resultant state is safe than request for resource is granted as being in a safe state, it can hold other resources now. C. the freedom of expression The concept of incorporation through the ______ has made the protections of the Bill of Rights applicable to individuals subject to state and local regulations. When Congress passes very detailed laws C. right to possess guns B. the establishment clause When the business invites guests or customers onto its premises, it has a duty to: warn invitees of and reasonably protect them from a foreseeable risk of harm or danger from something on the premises. Because preemption is automatic with respect to state laws that do not come within the other provisions of section 1178 (i.e., sections 1178(a)(2)(B), 1178(b), and 1178(c)), such state laws are preempted until the Secretary affirmatively acts to preserve them from preemption by granting an exception under section 1178(a)(2)(A). A. You are aware that Max is sometimes aggressive with new people. Since there must first be a conflict between a state law and a federal requirement in order for an issue of preemption to even arise, we think that, as a practical matter, few preemption questions should arise with respect to sections 1178(b) and 1178(c). The women cadets of the program filed a suit in order to get justice. What is the process of interviewing prospective jurors and either approving of or challenging a person's impartiality toward service on a particular jury? What is the procedure a defendant uses to learn more about a plaintiff's claim before trial? rational basis review c. Territoriality and preemption can both occur in conjunction with other mechanisms of competition. It is our intention to publish notice of exception determinations on a periodic basis in the Federal Register. One day, as you open the door to bring in the mail, Max escapes out of the door and attacks a woman walking in the vicinity of your home. The federal and most state judicial branches have at least these three levels in the court system: trial court, intermediate appellate court, and highest appellate court. has prior knowledge of the facts of the lawsuit. All rights reserved. Some comments recommended that each state be required to certify agreement with the HHS analyses. strict scrutiny Hence the correct answer is I, II and III. Semaphores in JAVA can be initialized to a negative value. Does the HIPAA Privacy Rule preempt state laws? C. Libel Has she violated HIPAA? Accordingly, we have added language to most of the statutory criteria clarifying their scope. Round your answer to the nearest tenth of a foot. In this case, the ruling of the Supreme Court illustrates the concept of ______. What these comments are in effect seeking is a global advisory opinion as to when the federal privacy standards will control and when they will not. t: 513.870.6700 any state law that attempts to regulate the same activity is Legislation must further a legitimate governmental objective. When the federal government preempts laws in an area, state laws If the plaintiff had a contract with another party who breached the contract. II. What is the role of an administrative law judge (ALJ)? We also suggest that this approach ignores the fact that each separate provision of law usually represents a nuanced policy choice to, for example, permit this use or prohibit that disclosure; the aggregated approach proposed would fail to recognize and weigh such policy choices. E. the freedom of thought. A municipality zoning ordinance attempts to regulate the placement of satellite dish antennas in residential areas by specifying the size and location requirements. A. race The decision to eliminate advisory opinions makes this issue moot with respect to those opinions. The courts have generally defined just compensation in terms of An arbitrator is different than a mediator because an arbitrator: has the authority to make a binding award. It was argued that since the provisions of a given law are typically interconnected and related, adopting or overriding them on a provision-by-provision basis would result in distortions and/or unintended consequences or loopholes. The U.S. Constitution does which of the following? It covers both verbal and written communications. The woman is now suing you for $18,000 to cover her alleged medical bills, missed time at work, and pain and suffering. C. due process clause You feel very bad about this. Which of the elements must a plaintiff prove to prevail in a negligence lawsuit? The idea that each person has intrinsic biases that impact their decisions is a component of which school of thought? Which branch of government do you think creates statutes? Preemption does not apply to federal statutes and rules of E. free exercise clause, The ______ is most likely to be applied when the legislators have gone too far in seeking to achieve a goal. What determines the natural rate of unemployment? A state law that requires documentation of citizenship is preempted by the National Voter Registration Act because the act only requires a statement under oath. A-143, 9th Floor, Sovereign Corporate Tower, We use cookies to ensure you have the best browsing experience on our website. f: 216.523.7071, 201 East Fifth Street A state's attempt to regulate television and radio is preempted by federal law because the federal government has regulated the entire field. Experts are tested by Chegg as specialists in their subject area. The language provided, which builds on concepts at 21 U.S.C. When Congress passes a law and creates an agency to enforce that law. Will HHS make determinations as to whether a provision of state law is more stringent than or contrary to a provision of the HIPAA Privacy Rule? preemption inquiry turns on whether a state-law claim imposes requirements "different from, or in addition to," federal requirements. issue a subpoena The state will need to make its case that the state law in question is sufficiently necessary to accomplish the particular statutory ground for exception that it should trump the contrary federal standard, requirement, or implementation specification. Which of the following statements are applicable to the doctrine of stare decisis? C. Its preservation cannot be sought through constitutional protections. Answer: (A) Explanation: Deadlock Prevention: Deadlocks can be prevented by preventing at least one of the four required conditions: 1. C. quasi-strict scrutiny approach B. An ALJ is an employee of the agency bringing the charges. The statutory scheme is the opposite: The statute effects preemption in the section 1178(a)(2)(A) context unless the Secretary affirmatively acts to except the contrary state law in question. We see no reason to agree to the third recommendation. Such situations will result in confusion and unintended violations of the law. What factor should a plaintiff consider when deciding which interference tort applies to a situation? Snow Crystals Inc., a leading construction company, has constructed a skate park on government land after signing a leasing agreement with the state government. Natural Law D. establishment clause f: 740.374.2296, 2 East Mulberry Street Choose 3 answers. C. irrational state end C. printed defamatory falsehoods . B. C. the commercial clause Choose 2 answer choices. A. physical assault D. Constitutional principles are not reapplied and reexamined during peacetime. A True 12 Q TRUE/FALSE The Constitution may be amended, but it always has been interpreted in the same way. Response: It is true that the effect of section 1178(a)(2)(A) is that the federal standards will preempt contrary state law and that such preemption will not be removed unless and until the Secretary acts to grant an exception under that section (assuming, of course, that another provision of section 1178 does not apply). D. It excludes communication and expression through electronic media. What is the business tort that happens when a person causes economic losses to a business by intentionally publishing false statements about the products or property of the business? Response: The concerns raised by these comments would seem to be more properly addressed through the process established for maintaining and modifying the transactions standards. What must a plaintiff prove in an intentional tort case? Substantive due process places which requirements on all governmental infringements of rights, whether those rights are fundamental or not? So Round Robin Scheduling improves response time as all processes get CPU after a specified time. -dual - new -cooperative -dual Which of the following describes a product with a defective condition? Challenge for cause. What is preemption in the Supremacy Clause? A standard, requirement, or implementation specification adopted under this subchapter that is contrary to a provision of State law preempts the provision of State law. The final rule clarifies who may make the request for a state, with respect to exception determinations. Creditors' Rights, Restructuring & Bankruptcy. In this case, which of the following First Amendment protections is applied to the actions of Nelly and Mario? Commercial speech has been protected by the First Amendment since the inception of the Bill of Rights. Which of the following statements is not true? How does the HIPAA Privacy Rule reduce the potential for conflict with state laws? Must follow the agency appeal process. As is discussed below, the Department intends to make notice of exception determinations that it makes routinely available. Response: This suggestion has not been adopted, as it is not consistent with the statute. It solely exists to protect popular ideas. Which of the following approaches is most likely to be adopted in this case? Response: We agree that the proposed rule was unclear in this respect. E. gender, Strict scrutiny tests are applied to cases involving classifications based on ______. It prevents individuals from acting in an unreasonable manner. The power to regulate foreign commerce is total and vested exclusively in the federal government. The plaintiff may be entitled to punitive damages or additional damages. What does the reasonable person standard impose on a person in a negligence lawsuit? HIPAA regulations always preempt any other state or federal law or regulation. To regulate commerce on the national and local levels Another comment requested explicit clarification that state laws with a broader scope than the regulation will be viewed as more stringent and be allowed to stand. Which of the following statements is true of preemption? C. right to follow any religion. The plaintiff experienced injury or damages as a result of the defendant's actions. We also do not agree that the task of evaluating the requirements below in light of existing state law is unduly burdensome or unreasonable. Q 106 Which of the following statement is false regarding FCFS? D. The quasi-strict scrutiny tests are used for cases that fall between the minimum rationality and strict scrutiny approaches. A. the right to possess guns A. A. height at 321. E. due process clause. These comments generally expressed concern that laws that were less protective of privacy would be granted exceptions under this language. Comment: A few commenters argued that the process for obtaining an exception determination or an advisory opinion from the Secretary will result in a period of time in which there is confusion as to whether state or federal law applies. Because of that, you are usually very careful to prevent Max from running out of the house unleashed. We address these general comments in this section. executive orders. Congress has the right to pass laws, as long as: they do not conflict with the United States Constitution. In deadlock prevention, the request for a resource may not be granted even if the resulting state is safe. Operations Management questions and answers, 52. judicial review of the agency's regulations D. right to freedom of the press. E. Larceny, Gerard works for a weekly magazine in the state of California. Federal Preemption When state law and federal law conflict, federal law displaces, or preempts, state law, due to the Supremacy Clause of the Constitution. Legislation must be fair and reasonable in content. Choose 2 answer choices. Many of these comments argued that the Secretary should bear the cost for the analyses of state law, disagreeing with the premise stated in the preamble to the proposed rules that it is more efficient for the private market to complete the state-by-state review. 3. As a general rule, is it safe to assume that a higher wage will encourage significantly more hours worked for all individuals? D. national origin 160.202 below should provide some guidance in making the determination as to which law prevails. A. the free exercise clause C. Exclusion clause E. It is applied to cases involving classifications directed at fundamental rights. Which of the following is the supreme law of the land? No, Bella does not need authorization to disclose PHI for payment purposes. If the U.S. Supreme Court determines that a state or federal law violates the U.S. Constitution, it may: A restriction on commercial speech will be valid if it meets three criteria. C. marriage foreign commerce. A. Restrain the ways request can be made. The scope of the statutory criteria is ambiguous, but they could be read so broadly as to largely swallow the federal protections. C. courts to decide if a state law is invalid or unconstitutional because it conflicts with a federal law or a policy of a federal institution. In this case, which of the following clauses of the First Amendment is the school most likely to violate? The Supreme Court held that the state law violated the federal immigration law and declared the law unconstitutional. A. A. The Department will not do the kind of global analysis requested by many of these comments. Detailed Solution. A. preemption Choose 2 answer choices. Congress passes a law making it a crime to use marijuana. Similarly, another comment suggested that state confidentiality laws written to address the specific needs of individuals served within a discreet system of care be considered as a whole in assessing whether they are as stringent or more stringent than the federal requirements. A. D. indeterminate scrutiny approach ______, a tort theory, is used to recover damages as a result of printed defamation of character. B. freedom of religion Commercial speech is currently not protected by the First Amendment. B. ______ means that the government may not act in a manner that is arbitrary, capricious, or unreasonable.