HHS Publishes Reproductive Health Care Privacy Rules

The Biden Administration issued final rules governing reproductive health care privacy. The key points were summarized in a Press Release from the Department of Health and Human Services. The Final Rule: 

• Prohibits the use or disclosure of [protected health information] 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 published here.