Irrespective of whether a licensee is subject to the Federal Health Insurance Portability and Accountability Act (P.L. 104-191) privacy rules and regulations as promulgated by the U.S. Department of Health and Human Services (the Federal rule) pursuant to sections 262 and 264 of such act, if a licensee complies with all requirements of the Federal rule, when promulgated, except for its effective date provision, the licensee shall not be subject to any provisions of sections 420.17 through 420.20 of this Part.
N.Y. Comp. Codes R. & Regs. Tit. 11 § 420.21