HHS Final Rule Amends HIPAA Privacy Rules Post-Dobbs
ELIZABETH LOH, June 27, 2024 The Department of Health and Human Services (HHS) has issued a final rule which amends the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rules (the “Final Rule”). HHS issued the Final Rule in the wake of the Supreme Court decision in Dobbs v. Jackson Women’s Health Organization. HHS explains that the Final Rule is meant to support President Biden’s Executive Orders on protecting access to reproductive health care — in particular, by protecting information related to reproductive health care and bolstering patient-provider confidentiality. The new Final Rule will require certain compliance actions by covered entities (e.g., health care providers and group health plans) and their business associates. Prohibitions on Certain Uses and Disclosures of PHI The HIPAA Privacy Rules generally provide that covered entities are prohibited from using or disclosing protected health information (PHI), except as permitted by the HIPAA Privacy Rules. The newly