HIPAA rule supports reproductive health care privacy
Final rule now in effect
The Biden administration’s final rule to support reproductive health care privacy went into effect June 25.
The HIPAA Privacy Rule to Support Reproductive Health Care Privacy was published in the Federal Register April 26 by the Office for Civil Rights at the U.S. Department of Health and Human Services. The final rule aims to strengthen the Health Insurance Portability and Accountability Act of 1996 Privacy Rule by prohibiting the use and disclosure of protected health information related to lawful reproductive health care in certain circumstances.
The final rule prohibits the use or disclosure of protected health information when it is sought to investigate or impose liability on health care providers or others who seek, obtain, provide, or facilitate lawful reproductive health care, according to a news release from the Department of Health and Human Services. It requires all covered entities to obtain a signed attestation that certain requests for protected health information potentially related to reproductive health care are not for a prohibited purpose. The final rule also requires covered entities to modify their Notice of Privacy Practices to support reproductive health care privacy.
“In accordance with its statutory mandate, the department promulgated the privacy rule and continues to administer and enforce it to ensure that individuals are not afraid to seek health care from, or share important information with, their health care providers because of a concern that their sensitive information will be disclosed outside of their relationship with their health care provider,” reads the final rule. “Protecting privacy promotes trust between health care providers and individuals, advancing access to and improving the quality of health care.”
The compliance date for covered entities and business associates is Dec. 23, except for the changes to the HIPAA Notice of Privacy Practices, which has a compliance date of Feb. 16, 2026.
The Office for Civil Rights is encouraging HIPAA covered entities and business associates to begin implementing the new rule to “help protect patient privacy and ensure compliance later this year.”
“At the HHS Office for Civil Rights, we believe patient privacy is essential to ensuring high quality reproductive health care,” the agency said.
The Office for Civil Rights has compiled resources for both community members and covered entities or business associates. The resources list includes a social media toolkit, a fact sheet summary of the rule, director’s message, a recorded briefing of the new rule and model attestation for a requested use or disclosure of protected health information potentially related to reproductive health care.
To view the Office for Civil Rights’ compiled resources, visit the HIPAA and Reproductive Health webpage.
