New HIPAA Rule on Reproductive Health Care Disclosure

The U.S. Department of Health and Human Services (HHS) has updated the Privacy Rule of the Health Insurance Portability and Accountability Act (HIPAA) of 1996. This change, driven by the Biden-Harris administration through the Office for Civil Rights (OCR), follows the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization. As a result, 21 states have enacted abortion bans and reproductive rights restrictions. Consequently, the administration has moved to enhance protections for reproductive health care privacy.

Key Changes to HIPAA’s Privacy Rule

The new rule introduces vital safeguards against the misuse of Protected Health Information (PHI) related to reproductive health care. Specifically, healthcare providers, health plans, clearinghouses, and business associates must now:

• Avoid using or disclosing PHI for criminal, civil, or administrative investigations into lawful reproductive health care.
• Refrain from identifying individuals for such investigations or imposing liability.

Presumption of Lawfulness and Attestation Requirement

The Final Rule presumes that reproductive health care provided by a third party is lawful, unless the covered entity has actual knowledge or receives substantial evidence to the contrary. Additionally, when faced with PHI requests, covered entities must now:

• Obtain a signed attestation to confirm that the disclosure or use is not for prohibited purposes.
• This requirement applies to requests involving:
  • Health oversight activities.
  • Judicial and administrative proceedings.
  • Law enforcement purposes.
  • Disclosures to coroners and medical examiners.

These attestations are crucial. They protect your entity and discourage misuse of the disclosure process.

Compliance and Legal Guidance

Implementing these new HIPAA regulations can be challenging. Therefore, healthcare providers, health plans, and business associates must update their privacy practices accordingly.

If you’re in need of help, guidance or have questions concerning healthcare business legal matters or trademarks, we invite you to explore our website at Dike Law Group. To initiate a free intake discussion, please go to dorismeet.com, where you can schedule a meeting with the attorney. Our services assist healthcare professionals in Texas and throughout the country.