Lexology April 13, 2023
In response to concerns about the confidentiality of protected health information (PHI) related to reproductive health care less than one year after Dobbs v. Jackson Women’s Health Organization decision, and the prospect of such PHI being weaponized by states and used against patients, the U.S. Department of Health & Human Services Office for Civil Rights (OCR) has proposed amendments to the HIPAA Privacy Rule to protect that information.
OCR issued a Notice of Proposed Rulemaking (NPRM) on April 12, 2023 that would modify the HIPAA Privacy Rule to prohibit providers and others subject to HIPAA (Regulated Entities) from using and disclosing PHI sought for the purposes of criminal, civil, or administrative investigations or proceedings against any person in connection with...
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