Lexology July 5, 2022
In the wake of the Supreme Court’s ruling in Dobbs vs. Jackson Women’s Health Organization, much has been written about how existing privacy laws, such as the Health Insurance Portability and Accountability Act (“HIPAA”), are unhelpful to women because of provisions that permit the sharing of health information (called “protected health information” or “PHI” under HIPAA) with state regulatory authorities seeking to enforce abortion prohibitions. For example, HIPAA permits health care providers to disclose health information when required by law, such as state-mandated abortion reporting laws, or for purposes of law enforcement, such as in response to a warrant, subpoena or summons.
However, HIPAA has other provisions, including enumerated patient rights, that are potentially helpful to women seeking to protect...
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