Lexology April 26, 2023
On April 17, 2023, the Department of Health and Human Services’ Office for Civil Rights (“OCR”) published a Notice of Proposed Rulemaking (“NPRM”) entitled HIPAA Privacy Rule To Support Reproductive Health Care Privacy. The NPRM, which OCR released in response to the Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization (“Dobbs”), aims to amend regulations implementing the Health Insurance Portability and Accountability Act (collectively, “HIPAA”) to mitigate concerns about reproductive health care privacy that have arisen as a consequence of the Dobbs ruling.
The NPRM attempts to achieve this primarily by prohibiting covered entities and business associates (“Regulated Entities”) from using or disclosing protected health information (“PHI”) for specific purposes related to reproductive health care. In doing...
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