In response to Roe v. Wade being overturned, the 2024 update to the HIPAA Privacy Rule introduces significant changes aimed at enhancing the privacy of reproductive health care information. These changes are crucial for our Healthcare Team to understand and implement in our hospitals, clinics, and practices so that our patients feel safe in receiving reproductive health care from us.
Key Changes and Implications
- Enhanced Privacy Protections: The updated rule strengthens privacy protections for patients seeking, obtaining, or those providing reproductive health care. This includes prohibiting the use or disclosure of protected health information (PHI) for criminal, civil, or administrative investigations related to lawful reproductive health care.1
- Attestation Requirements: Providers and other covered entities must now obtain a signed attestation from certain 3rd parties requesting PHI related to reproductive health care. This attestation must confirm the information will not be used to investigate or impose liability on individuals or providers involved in lawful reproductive health care.2
- Updated Notice of Privacy Practices (NPP):
- Employed Practices: MHC will be updating the system-wide NPP starting in Feb. 2025. We will distribute once it’s been finalized.
- Independent Practices: Please work with your practice manager to update your office’s NPP to reflect the new privacy protections and attestation requirements. This ensures patients are informed about their rights and the protections in place for their reproductive health information. 2
- Employed Practices: MHC will be updating the system-wide NPP starting in Feb. 2025. We will distribute once it’s been finalized.
- Presumption of Lawfulness: The rule includes a presumption that reproductive health care provided by a person other than the requesting entity is lawful, unless there is substantial evidence to the contrary. This reduces the burden on providers to verify the legality of the care provided. 1
To prepare for these changes, MHC has created a workgroup to update policies, workflows, forms, and NPPs as well as provide education to impacted clinicians and staff.
Questions? Contact Loretta Wingard, MHC Privacy Officer at 231-935-5766.
References
1HHS | HIPAA Privacy Rule Final Rule to Support Reproductive Health Care Privacy: Fact Sheet
2AHIMA | Summary: HIPAA Privacy Rule to Support Reproductive Health Care Privacy Final Rule