Cases & Developments

U.S. Department of Health and Human Services (HHS), Office for Civil Rights Final HIPAA Privacy Rule to Support Reproductive Health Care Privacy. In the preamble to the final rule, the Department notes that the Supreme Court’s decision in “Dodds v. Jackson Women’s Health Organization “altered the legal and healthcare landscape” in ways that may “cause harm to the interests that HIPAA seeks to protect, including the trust of individuals in health care providers and the health care system.” The new final rule adds new prohibitions on the use or disclosure of protected health information (PHI) related to reproductive health and adds a requirement that covered entities obtain a signed attestation from persons requesting such PHI that it will not be for a prohibited purpose. HHS also released a Fact Sheet on the new Final Rule. The Final Rule will be effective on June 25, 2024.