In Westlaw Today, Attorneys Examine HHS Final Rule Boosting Privacy of Reproductive Health Care Information Under HIPAA

In a Westlaw Today article, attorneys examined the Department of Health and Human Services’ Final Rule increasing the privacy of reproductive health care information under the Health Insurance Portability and Accountability Act (HIPAA).

The Final Rule limits when regulated entities may disclose protected health information (PHI) related to reproductive health care to law enforcement and requires regulated entities to obtain an attestation from the person or entity requesting such PHI. The attestation provides that the requesting party will not use or disclose the PHI for a prohibited purpose.

The authors note that in light of the current regulatory and political environment surrounding access to reproductive health care, the scope of reproductive health care services that may be considered "authorized by Federal law" remains uncertain.

The article was authored by health care partner and practice co-chair Deborah Gersh and health care associates Cara Dermody, Elana Bengualid, Sarah Kelley and Robin Briendel.