Manatt Health April 17, 2023
The Big Picture
On April 12, 2023, the Department of Health and Human Services (HHS) released a notice of proposed rulemaking to address the privacy of protected health information (PHI) related to reproductive health care services. These proposed regulatory revisions under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) respond to concerns that, in light of new state restrictions on abortion and other procedures following the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, PHI may be used in investigations or proceedings against either individuals who seek legal reproductive health care services or providers who furnish such services, potentially discouraging individuals from seeking lawful treatment from (or discussing it with) their provider.
For entities subject to...
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