Lexology May 15, 2024
On April 26, 2024, the U.S. Department of Health and Human Services (HHS) published its long-awaited Final Rule regarding reproductive health privacy. Although it is tempting to benchmark the Final Rule against the Dobbs decision issued nearly two years ago, it is important to understand that the Final Rule is not just about protecting the privacy of individuals who receive abortion-related care. Through its addition of the newly defined term “reproductive health care” – which encompasses “all matters relating to the reproductive system and to its functions and processes” – the Final Rule creates a higher bar and more accountability for sharing any reproductive information, regardless of the nature of the care or gender of the patient.
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