HIPAA privacy rule amendment to support reproductive health care privacy

Reproductive Rights and the updated HIPAA privacy rule: How to stay compliant online

Earlier this year, the U.S. Department of Health and Human Services (HHS) issued a Final Rule, the HIPAA Privacy Rule to Support Reproductive Health Care Privacy. Its purpose is to support reproductive health care privacy. The rule prohibits sharing protected health information (PHI) related to reproductive health care for investigations of a criminal or civil nature and requires a new attestation form when said data is requested to be shared. HIPAAtizer has created a HIPAA-Compliant Attestation Form template based on the model form provided by the Heath and Human Services Office for Civil Rights.

Who is affected by this new Final Rule: Covered Entities who have Patient information related to Reproductive Medicine

Any HIPAA-covered entities that maintain reproductive health information will need to amend their policies in accordance with the new rule. These entities and their business associates must comply with the new privacy protections. Covered Entities are also required to update their policies and Notices of Privacy Practices (NPP’s). The deadline for Covered Entities to amend their policies is December 23, 2024.

What is important to know about the amendment?

This amendment is designed to protect reproductive health information from being misused, especially in states with strict abortion laws. Under the HIPAA reproductive health Final Rule, the disclosure of PHI or identifying patients for the purpose of criminal, civil, or administrative investigations or imposing penalties related to reproductive health care is prohibited.

In order to comply with this amendment, covered entities must obtain an attestation for any request regarding reproductive health information. The attestation form must confirm that the request will not lead to actions such as prosecuting patients for lawful reproductive care. Prepare your attestation form today using HIPAAtizer’s Attestation Form online template.

The writer of this blog is part of the HIPAAtizer development team, not a lawyer. The content provided is for informational purposes only and should not be considered legal advice.