Health Law Highlights

Employers Must Keep Reproductive Health Information About Their Plan Participants Private Under New HIPAA Privacy Rule

Summary of article from Akerman LLP, by Beth Alcalde, Elizabeth Hodge:

The newly updated HIPAA Privacy Rule, effective June 25, 2024, provides enhanced protection for reproductive health care records, preventing their disclosure to state law enforcement agencies except under certain conditions. The definition of “reproductive health care” is broad, encompassing a wide range of male and female health services. There are strict restrictions on using such information for investigations, and health plan administrators and associated businesses have direct responsibility for compliance. Upon receiving a request for such information, a signed written attestation is required from the requester stating the intended use or disclosure is not for a prohibited purpose. Revisions to the Notice of Privacy Practices (NOPP) must be in place by February 16, 2026, and legal challenges to the Final Rule are expected.