Lexology July 21, 2022
State laws that restrict or criminalize abortions will require significant amounts of health information to enforce, putting new pressure on health care providers caught in the middle of competing obligations to their patients and to regulatory and law enforcement authorities making lawful requests for this information.
In this second of our two-part blog series on protecting health information post Roe, we discuss legal and practical strategies that health care providers can take to protect the information of their patients.
Formal Requests for PHI
As discussed previously, there are a number of provisions under HIPAA that permit health care providers to disclose protected health information (or “PHI”) to regulatory or law enforcement authorities. However, these HIPAA provisions aren’t open-ended and there...