U.S. Department of Health and Human Services Publishes Final Rule for Privacy of Reproductive Health Information under HIPAA

The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) has published a final rule to provide new protections for the privacy of reproductive health information under the Health Insurance Portability and Accountability Act (HIPAA). This final rule, which will become effective on June 25, 2024, aims to establish new guardrails against certain uses and disclosures of individually identifiable reproductive health information.

The amendments to the Privacy Rule, as outlined in the final rule, represent an important part of the Biden-Harris Administration’s efforts to protect access to reproductive health care following the Supreme Court’s decision regarding abortion rights in Dobbs v. Jackson Women’s Health Organization. The principal purpose of these amendments is to restrict the circumstances in which HIPAA-regulated entities may disclose an individual’s reproductive health information for the purpose of an investigation or proceeding against persons for seeking, obtaining, providing, or facilitating lawful reproductive health care, including abortion.

Approximately 51,000 individuals and 350 organizations filed comments on the proposed version of the Amendments, highlighting concerns about potential liability for involvement in reproductive health care in the post-Dobbs environment. These fears can deter individuals from seeking medical care, which goes against the policies underlying the Privacy Rule.

Regulated entities must be in compliance with most of the Amendments by December 22, 2024. To ensure compliance, regulated entities must update their HIPAA privacy compliance policies and procedures and retrain staff to understand when information regarding reproductive health care may and may not be provided to law enforcement entities and other officials.

Overall, the final rule represents a significant step towards protecting the privacy of reproductive health information and ensuring access to reproductive health care in the United States.