Manatt Health June 30, 2022
In the wake of the Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization, the Department of Health and Human Services Office for Civil Rights (OCR) yesterday issued guidance addressing how the Health Insurance Portability and Accountability Act (HIPAA) protects health information relating to abortion and other sexual and reproductive health care. Separately, OCR also issued guidance addressing the extent to which health information is protected on personal cell phones and tablets, and provides tips for protecting individuals’ privacy when using health information apps.
The first guidance document referenced above, titled “HIPAA Privacy Rule and Disclosures of Information Relating to Reproductive Health Care,” notes that disclosures for purposes not related to health care, such as disclosures to law enforcement...