HHS issues guidance on disclosures of patient reproductive health information

In the wake of the Supreme Court’s seismic decision in Dobbs v. Jackson Women’s Health Organization, the U.S. Department of Health and Human Services (HHS) has issued guidance to help patients, providers, and other health care entities address privacy concerns in a complex and rapidly evolving legal and regulatory environment concerning sexual and reproductive health care. The guidance sends a clear message: under HIPAA, with limited exceptions, providers and health care entities are not required to disclose to third parties private medical information relating to abortions and other sexual and reproductive health services, absent a signed authorization from the individual who the information concerns. The guidance also provides a reminder that non-HIPAA-regulated products and services, including health applications,...