HIPAA Reproductive Health Care Privacy Rule Vacated

As noted in our prior blog post, on April 26, 2024, the U.S. Department of Health and Human Services (HHS) issued a Final Rule updating certain Health Insurance Portability and Accountability Act (HIPAA) privacy rules with respect to the disclosure of protected health information (PHI) related to reproductive health care (the 2024 Rule). The 2024 Rule was aimed at prohibiting covered entities from using or disclosing PHI to conduct criminal, civil or administrative investigations, or to impose corresponding liability on a person seeking or providing lawful reproductive health care. HHS issued the 2024 Rule in response to the chilling effect the Dobbs v. Jackson Women’s Health Organization decision striking down Roe v. Wade was expected to have on women seeking reproductive health care advice and procedures in certain states.