DOL Issues Final Rule on HIPAA Privacy Rule to Support Reproductive Health Care Privacy
Published April 23, 2024
The U.S. Department of Labor (DOL) through the Office for Civil Rights (OCR) at the Department of Health & Human Services (HHS), released the final rule prohibiting the disclosure of protected health information (PHI) related to lawful reproductive health care in certain circumstances to bolster patient-provider confidentiality and help promote trust and open communication between individuals and their health care providers or health plans.
The final rule:
- Prohibits the use or disclosure of PHI when it is sought 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, or to identify persons for such activities.
- Requires a regulated health care provider, health plan, clearinghouse, or their business associates, to obtain a signed attestation that certain requests for PHI potentially related to reproductive health care are not for these prohibited purposes.
- Requires regulated health care providers, health plans, and clearinghouses to modify their Notice of Privacy Practices to support reproductive health care privacy.
The final rule is effective June 25, 2024. Persons subject to this regulation must comply with the applicable requirements of this final rule by December 23, 2024, except for the applicable requirements of 45 CFR 164.520 in this final rule. Persons subject to this regulation must comply with the applicable requirements of 45 CFR 164.520 in this final rule by February 16, 2026.
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