Lexology May 10, 2024
Background
On April 22, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services announced and issued a final rule, titled HIPAA Privacy Rule to Support Reproductive Health Care Privacy (the Final Rule). The Final Rule modifies certain provisions of the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (HIPAA) to support reproductive healthcare privacy. In April 2023, following the U.S. Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization (holding that the U.S. Constitution does not confer a right to abortion), the OCR issued a notice of proposed rulemaking. The Final Rule makes minor changes to the proposed rule after the OCR reviewed extensive public commentary.
The Final Rule...