What happened?

On April 22, 2024, The U.S. Department of Health and Human Services Office for Civil Rights (OCR) issued a final rule updating the HIPAA Privacy Rule to address the privacy of “reproductive health information” (the “Final Rule”), which covers entities including group health plans and their business associates like outside administrators (collectively, Regulated Entities).

What are the details?

General Bites:

• The U.S. Department of Health & Human Services (HHS) issued a Final Rule to modify the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule to support reproductive healthcare privacy.

• This rule strengthens privacy protections by prohibiting the use or disclosure of protected health information (PHI) for certain activities related to reproductive health care.

• It was issued in response to the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization. The rule is effective from June 25, 2024.

Key Bites for Employers:

• A new definition of “Reproductive Healthcare”

• Restrictions and Conditions

• Obligations of Regulated Entities

• Requirement to Signed Attestations

• Notice of Privacy Practices

Business Considerations

• Employers should Update the HIPAA Policies and Procedures, making sure to address when you can and cannot use or disclose PHI for certain activities related to an individual’s reproductive healthcare and when a signed attestation is needed before doing so.
• Employers should train employees on the new rule and its implications for handling protected health information (PHI) related to reproductive healthcare.
• Employers should revise Notice of Privacy Practices (NPPs) to comply with the updated regulation.
• Employers should obtain a signed and dated written attestation from the person requesting PHI potentially related to reproductive healthcare.
• Employers should ensure compliance with the rule to avoid penalties.
• Employers should stay updated on reproductive healthcare laws, understanding the legalities in their area, especially for care provided in different jurisdictions.

Source References

• HIPAA Privacy Rule To Support Reproductive Health Care Privacy
• HIPAA Privacy Rule Final Rule to Support Reproductive Health Care Privacy: Fact Sheet
• New HIPAA Privacy Regulations Strengthen Privacy for Reproductive Health Care (Cozen O’Connor)

Resources

• Dobbs v. Jackson Women’s Health Organization

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