OCR confirmed that if a patient in a state that has banned abortions informs their healthcare provider that they are seeking an abortion in a state where abortion is legal, the HIPAA Privacy Rule would not permit the healthcare provider to disclose that information to law enforcement in order to prevent the abortion. Idaho has also recently enacted an abortion trafficking law, which aims to restrict the ability of state residents to travel out of state to receive abortion care.įollowing the Supreme Court decision, the HHS’ Office for Civil Rights (OCR) issued guidance to HIPAA-regulated entities on the HIPAA Privacy Rule and how it permits but does not require disclosures of reproductive health information if the disclosure is required by law or is for law enforcement purposes. Currently, 15 states have introduced almost total bans on abortions and several others have restricted abortions or are in the process of introducing bans or restrictions. Many states introduced their own laws banning or severely restricting abortions in their respective states, and those laws permit criminal or civil penalties for anyone that seeks, provides, or assists with the provision of an abortion. Wade and removed the federal right to abortion. Jackson Women’s Health Organization in June 2022 overturned Roe v. The decision of the Supreme Court in Dobbs v. 24 State Attorneys General Confirm Support for Stronger HIPAA Protections for Reproductive Health DataĪ coalition of 24 state attorneys general has written to the Department of Health and Human Services (HHS) to confirm their support for the proposed update to the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule to strengthen reproductive health information privacy.
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