Xavier Becerra Secretary at U.S. Department of Health and Human Services | LinkedIn
The Biden-Harris Administration, through the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS), has announced a new rule to enhance privacy protections for medical records and health information related to lawful reproductive health care. The Final Rule, titled "HIPAA Privacy Rule to Support Reproductive Health Care Privacy," aims to safeguard patient confidentiality and prevent the unauthorized disclosure of protected health information (PHI) in certain circumstances.
HHS Secretary Xavier Becerra emphasized the importance of this Final Rule, stating, "Many Americans are scared their private medical information will be being shared, misused, and disclosed without permission." Becerra highlighted the chilling effect this has on individuals seeking reproductive health care services, underscoring the need for stronger protections in the face of ongoing challenges to reproductive health rights.
OCR Director Melanie Fontes Rainer echoed these sentiments, noting the concerns raised by providers and patients regarding the potential misuse of medical records in the context of lawful reproductive health care. Rainer emphasized the critical role of maintaining patient-provider trust to ensure access to accurate information and safe and legal health care.
The Final Rule prohibits the use or disclosure of PHI for investigating or imposing liability on individuals involved in lawful reproductive health care activities. It also mandates regulated health care entities to obtain a signed attestation confirming that requests for PHI related to reproductive health care are not intended for prohibited purposes. Additionally, health care providers, plans, and clearinghouses are required to update their Notice of Privacy Practices to align with the new privacy requirements.
This rule comes in response to feedback from the public, following the publication of proposed modifications to the HIPAA Privacy Rule in April 2023. With nearly 30,000 comments received, the Department has carefully considered the input and finalized the rule to bolster patient-provider confidentiality, promote trust, and facilitate open communication crucial for quality health care services.
Individuals interested in reviewing the Final Rule or accessing the Fact Sheet can do so on the HHS website. The new provisions will replace the existing HIPAA Privacy Rule once implemented, reinforcing privacy protections and ensuring compliance with the evolving landscape of reproductive health care privacy.
