Alyssa Wilbanks’ Post

🔒 Ensuring Privacy in Reproductive Health Care: HIPAA Final Rule Update The recent Final Rule issued by the U.S. Department of Health & Human Services (HHS) under HIPAA brings significant changes to safeguard reproductive health care privacy. Companies in the healthcare sector must take note and adapt their practices accordingly. Key highlights include: 🚫 Prohibition: Strengthened privacy protections prohibit the use or disclosure of Protected Health Information (PHI) for investigating or imposing liability related to reproductive health care. 📝 Attestation: Covered entities are required to obtain a signed attestation for certain PHI requests potentially linked to reproductive health care, ensuring compliance with the prohibition. 📑 Notice of Privacy Practices (NPP): Companies need to revise their NPPs to support reproductive health care privacy as mandated by the Final Rule. 👮 Disclosures to Law Enforcement: Clarifications are provided regarding permissible disclosures to law enforcement, emphasizing compliance with Privacy Rule conditions. Understanding and implementing these changes is crucial for companies to uphold patient privacy rights and comply with regulatory obligations. Learn more about the Final Rule Fact Sheet here https://lnkd.in/dmkdE8SH #HIPAA #HealthcarePrivacy #Compliance #ReproductiveHealthCarePrivacy#PHI#Dataprotection

Attention all Compliance Officers, women's health clinicians, and health information management/medical records professionals! A new Final Rule has been announced by the HHS Office for Civil Rights to strengthen privacy protections for medical records pertaining to lawful reproductive health care. Please note the new attestation requirement and the need to revise your organization's Notice of Privacy Practices (NPPs) to support reproductive health care privacy. The Final Rule also requires revisions to NPPs to address proposals made in the Notice of Proposed Rulemaking for the Confidentiality of Substance Use Disorder (SUD) Patient Records (“Part 2 NPRM”),5 as required by or consistent with the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020. Here's a link to a fact sheet from the OCR. #compliance #healthcare #complianceofficers #privacy #healthinformationmanagement #reproductivehealth #TitleX #womenshealth #ocr #hipaa #hcca #AHIMA https://lnkd.in/eYcjHsf7

Deemed necessary following the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, HHS has issued a new final rule that amends the HIPAA Privacy Rule to afford greater protection to protected health information (PHI) that is related to reproductive health care. Before the new rule, covered entities and business associates were permitted to disclose PHI for certain public policy-related reasons, including law enforcement. Under the new rule, such entities will be prohibited from disclosing PHI related to lawful reproductive health care in certain situations. Covered entities (including health plans) and business associates have until December 22, 2024 to comply with the new rule, but will have until February 16, 2026 to update their HIPAA Notice of Privacy Practices accordingly. The final rule fact sheet can be found here: https://lnkd.in/e-fvXqAB

In late April, the HHS Office for Civil Rights (OCR) issued a HIPAA privacy rule to bolster reproductive health care privacy. What exactly is the rule and what does it mean for your health plan? Check out the latest blog by Andrew Silverio, Esq., The Phia Group’s Director of Consulting Services, “HIPAA Final Rule Protects Access to Reproductive Healthcare,” to find out.

New HIPAA Privacy Rule to Support Reproductive Health Care Privacy. The Final Rule strengthens privacy protections by prohibiting the use or disclosure of protected health information (PHI) by a covered health care provider, health plan, or health care clearinghouse (Covered Entity) or their business associate for either of the following activities: To conduct a criminal, civil, or administrative investigation into or impose criminal, civil, or administrative liability on any person for the mere act of seeking, obtaining, providing, or facilitating reproductive health care, where such health care is lawful under the circumstances in which it is provided. The identification of any person for the purpose of conducting such investigation or imposing such liability.  The effective date of the Final Rule is June 25, 2024. This is the date that HIPAA covered entities and their business associates may begin implementing the new requirements. Covered entities and business associates are not required to comply with the new requirements until December 23, 2024, except for the new changes to the HIPAA Notice of Privacy Practices which has a compliance date of by February 16, 2026. https://lnkd.in/eyKpKC9S

#AHIMA developed a resource to assist organizations in complying with the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) #HIPAA Privacy Rule to Support Reproductive Healthcare Privacy final rule. https://buff.ly/4daODOP #privacyrule #reproductiveHealthcare #privacyfinalrule @AHIMA

Attention all providers or healthcare adjacent employees! The new Reproductive Health Care Privacy Rule goes into effect on December 23, 2024, bringing stronger protections for patient privacy. This rule now prohibits sharing PHI related to reproductive services, like abortion, for investigations or legal actions unless specific legal criteria are met. Providers must also update their Notice of Privacy Practices (NPP) to reflect these changes. As healthcare professionals, we must stay familiar with these updates to ensure compliance and protect your patients' privacy. Let’s work together to build trust and protect sensitive health information. For more details, visit the official JD Supra website: https://lnkd.in/gzVFb_Gq #HealthcarePrivacy #ReproductiveHealth #HIPAACompliance #PatientCare #HealthcareConsultant #MBStrategyGroup

🚨 HIPAA Privacy Rule Enhancements for Reproductive Health Care 🚨 The US Department of Health and Human Services' Office for Civil Rights has just published a groundbreaking Final Rule on the HIPAA Privacy Rule, focusing on safeguarding reproductive health care privacy. Set to take effect on June 25, 2024, with a compliance date of December 22, 2024, these modifications come in response to growing concerns post Dobbs v. Jackson Women’s Health Organization. Key Highlights: 🔒 Prohibited Use and Disclosure of PHI: Strict restrictions on the use and disclosure of PHI related to reproductive health care, protecting individuals, health care providers, and others involved in lawful reproductive health care. 📜 Attestation Requirements: New attestation requirements for the use or disclosure of PHI in specific contexts like health oversight, judicial proceedings, and law enforcement. 📄 Updated Notices and Training: Covered entities must update their Notice of Privacy Practices and ensure staff are trained on these new requirements by December 22, 2024. This Final Rule marks a significant step towards enhancing privacy protections in reproductive health care. 💬 Join the Discussion: What are your thoughts on these new HIPAA Privacy Rule modifications? How do you think they will impact healthcare providers and patients? Share your insights and experiences in the comments below! https://lnkd.in/dHBbSPkQ #HIPAA #ReproductiveHealth #Privacy #HealthcareCompliance #DataProtection #HealthLaw #Healthcaremarketing #dataAnalytics

The future of OCR’s update to the HIPAA Privacy Rule to protect the privacy of reproductive health care is uncertain. In the latest blow, the U.S. District Court for the Northern District of Texas issued a preliminary injunction on December 22 (notably, the day before the compliance deadline for the update) preventing OCR from enforcing the new rule against the plaintiffs – a Texas doctor and her medical practice – who brought suit against HHS and OCR in October. The new rule prohibits certain disclosures of PHI for the purpose of investigating lawful reproductive health care. In granting the injunction, the court concluded that the new rule exceeds HHS’ statutory authority by limiting medical practitioners from reporting child abuse as mandated by Texas state law, requiring them to navigate nuanced legal judgments to determine whether a disclosure is required or prohibited. Additionally, the court found that the plaintiffs would suffer irreparable harm due to the compliance costs associated with updating privacy notices, modifying procedures, and training staff. The court found that the balance of equities favors compliance with Texas reporting laws over granting additional protections for reproductive health care, which is already safeguarded as PHI under HIPAA. The court ordered additional briefing explaining how Loper, the major questions doctrine, and the nondelegation doctrine affect the constitutionality or legality of HIPAA and HHS's authority to issue the rule. The Orrick team is monitoring for further updates. For more information about the rule at issue, please see our prior article below. #HIPAA #HealthData #TeamOrrick #reproductivehealth #privacy

This week, HHS-OCR published a Final Rule amending HIPAA to provide additional privacy protections for patient health information related to reproductive health care. HHS Secretary Xavier Becerra commented on the policy goals of the new regulations: "Many Americans are scared their private medical information will be being shared, misused, and disclosed without permission. . . . Today’s rule prohibits the use of protected health information for seeking or providing lawful reproductive health care and helps maintain and improve patient-provider trust that will lead to improved health outcomes and protect patient privacy." The Final Rule goes into effect on June 25 and the first compliance date is December 23, 2024. Impacted healthcare providers will need to review their current processes and update their policies and procedures to reflect the new requirements. The Rule requires healthcare providers (and other regulated entities) to obtain written attestations prior to making certain disclosures of patients' reproductive health information. It also requires healthcare organizations to update their Notice of Privacy Practices to put patients on notice of the enhanced protections. See the link below for additional information on the new requirements. https://lnkd.in/eYS-KWkK