HIPAA Privacy Rule to Support Reproductive Health Care Privacy Can Now be Implemented

Those seeking or providing reproductive health care can do so with less concern that their protected health information (PHI) will be used against them. The HIPAA Privacy Rule to Support Reproductive Health Care Privacy Final Rule went into effect on June 25.

Published on April 26, 2024, through the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS), the Final Rule Strengthens the HIPAA Privacy Rule by prohibiting the disclosure of PHI in certain circumstances.

Final Rule Protects Patient Privacy for Reproductive Health Care

“OCR encourages HIPAA covered entities and business associates to begin implementing the new Privacy Rule requirements today,” said OCR Director Melanie Fontes Rainer. “Patients deserve to have these privacy protections in place as soon as possible.”

The Final Rule includes these changes:

• 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 lawful reproductive health care, or to identify persons for such activities.
• Requires covered entities or business associates to obtain a signed attestation that certain requests (health oversight activities, judicial and administrative proceedings, law enforcement purposes, and disclosures about decedents to coroners and medical examiners) for PHI potentially related to reproductive health care are not for these prohibited purposes.
• Requires covered entities to modify their Notice of Privacy Practices (NPP) to support reproductive health care privacy.

Final Rule Compliance Dates are Set

Covered entities and business associates have until December 23, 2024, to comply with the new requirements, and until February 16, 2026, to be in compliance with the new changes to the HIPAA Notice of Privacy Practices.

PrivaPlan will provide its ToolKit subscribers and compliance clients with revised NPP templates, updated policies and procedures, and training. Contact us today for more information or to learn how our privacy experts can help your organization!