HIPAA Journal February 21, 2023
The Biden Administration is considering new rulemaking to update HIPAA to better protect reproductive health information, following the Supreme Court Decision in Dobbs v. Jackson Women’s Health Organization, which removed the federal right to abortion and left it to individual states to decide on the legality of abortions for state residents. Currently, at least 24 U.S. states have implemented bans on abortions or are likely to do so, with 12 states already having a near-total ban.
The Health Insurance Portability and Accountability Act classes reproductive health information as protected health information (PHI), so uses and disclosures are restricted by the HIPAA Privacy Rule. Following the Supreme Court decision, the HHS issued guidance to HIPAA-regulated entities on how the HIPAA Privacy...
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