The new ruling will provide additional privacy under HIPAA.
What happened
Recently, through the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS), the Biden-Harris Administration announced a final ruling regarding privacy for reproductive health care.
The ruling, titled, HIPAA Privacy Rule to Support Reproductive Health Care Privacy, prohibits the disclosure of protected health information (PHI) related to lawful reproductive healthcare in certain instances.
The goal of the rule is to protect patient confidentiality and prevent medical records from being used against individuals seeking reproductive medical care.
Going deeper
The OCR first began proposing modifications to the HIPAA Privacy Rule to address the changes to privacy following the overturning of Roe v. Wade. During the public commenting period, the OCR received nearly 30,000 comments.
Ultimately, the Final Rule states that:
- PHI may not be used or disclosed to investigate or impose liability on individuals, health care providers, or others who seek, obtain, provide, or facilitate reproductive health care that is lawful under the circumstances in which such health care is provided.
- Regulated healthcare providers, health plans, clearinghouses, or business associates must sign an attestation that certain requests for PHI related to reproductive health are not being used for the aforementioned reasons.
- Regulated healthcare providers, health plans, and clearinghouses must modify their Notice of Privacy Practices to show compliance with the ruling
What was said
HHS Secretary Xavier Becerra said, “Many Americans are scared their private medical information will be being shared, misused, and disclosed without permission. This has a chilling effect on women visiting a doctor, picking up a prescription from a pharmacy, or taking other necessary actions to support their health.”
He further added, “The Biden-Harris Administration is providing stronger protections to people seeking lawful reproductive health care regardless of whether the care is in their home state or if they must cross state lines to get it. With reproductive health under attack by some lawmakers, these protections are more important than ever.”
OCR Director Melanie Fontest Rainer said, “Today’s rule prohibits the use of protected health information for seeking or providing lawful reproductive health care and helps maintain and improve patient-provider trust that will lead to improved health outcomes and protect patient privacy.”
The big picture
Privacy concerns following the overturning of Roe v. Wade have been significant, with many individuals scared that they may face legal consequences for seeking healthcare related to reproductive care.
The new ruling has been in progress for a year and shows the OCR’s commitment to protecting healthcare privacy. As the ruling is implemented, it will hopefully encourage individuals to seek necessary reproductive healthcare without fear of liability or legal action.
With the rule finalized, healthcare organizations should quickly take steps to ensure they are protecting the privacy of their patients in compliance with the HIPAA Privacy Rule.
Read more: HIPAA Compliant Email: The Definitive Guide
Abby Grifno
