Categories
Health Law Highlights

Wade’s Health Law Highlights for July 8, 2025

Emerging Tech

Fraud & Abuse

Healthcare Privacy

  • A Texas federal district court vacated the HIPAA Reproductive Health Rule nationwide on June 18, 2025, in the case Purl v. HHS. The court ruled that HHS exceeded its authority and violated procedural requirements when creating the rule, which the Biden Administration had implemented after Dobbs v. Jackson Women’s Health Organizations to prohibit disclosure of reproductive health information for investigating or prosecuting reproductive healthcare that was legal where performed. Healthcare providers can now disregard the rule’s requirements and must undo actions they took to implement it, as HIPAA reverts to its pre-December 2024 form where reproductive health information is treated like any other protected health information. HHS is unlikely to appeal the decision given Trump Administration policies and has not requested a stay. The ruling does not affect substance use disorder provisions, meaning providers must still update their privacy notices by February 2026. Source: Holland & Hart’s Health Law Blog
  • The Southern District of New York allowed eight privacy claims to proceed against Teladoc Health for using website tracking technologies that transmitted patient health information to third parties. On June 25, 2025, the court denied Teladoc’s motion to dismiss after plaintiffs alleged the company installed tracking pixels and APIs on its telehealth platform that shared protected health information for advertising purposes. The court ruled that Teladoc’s tracking technology created an independent criminal purpose through HIPAA violations, defeating consent-based defenses under the Electronic Communications Privacy Act. The court determined Teladoc functioned as a healthcare provider rather than a technology platform and that medical conditions constitute contents of communications under state privacy laws. Eight claims survived including federal wiretapping violations and state privacy claims under New York, Florida, and California laws. Source: Duane Morris LLP
  • US healthcare companies face restrictions when offshoring patient data operations due to state and federal privacy regulations. While HIPAA does not prohibit storing protected health information outside the United States, states including Wisconsin, Texas, Florida, and Arizona have enacted data localization laws that require patient information to remain within US borders. The Centers for Medicare & Medicaid Services requires Medicare Advantage Organizations to obtain attestation certificates from healthcare providers who use offshore vendors, detailing safeguards for patient information protection. Healthcare companies can mitigate offshoring risks through business associate agreements with international arbitration clauses, encryption requirements, and annual audits of offshore subcontractors. Offshore vendors must demonstrate HIPAA compliance and may need to establish US-based operations or partner with domestic intermediaries to work with American healthcare organizations. Source: MWE
  • Microsoft and Google email platforms may be transmitting healthcare data without encryption, potentially violating HIPAA requirements. A recent study found that Google Workspace still uses deprecated TLS 1.0 and 1.1 encryption protocols, while Microsoft 365 sends messages unencrypted when encryption fails without warning senders. The research involved controlled experiments where Paubox set up recipient mail systems that only accept legacy TLS protocols and sent test messages containing simulated protected health information. Healthcare organizations rely on email for lab results, care instructions, and appointment notifications, all of which must be encrypted under HIPAA regulations. The findings suggest that healthcare organizations depending on these platforms for compliance may be unknowingly transmitting unencrypted patient data. Source: MediaPost

Inpatient Rehab Facilities

Non-Competes

OIG