Insurica
Pay Now
Client Login

A new Health Insurance Portability and Accountability Act (HIPAA) privacy rule went into effect on June 25, that prohibits the disclosure of protected health information related to lawful reproductive health care in certain situations. Employers, as covered entities under HIPAA, must comply with the rule by Dec. 23.

Under the previous HIPAA privacy regulations, healthcare providers were allowed, but not required, to share patients’ reproductive health information with law enforcement. Such information could include contraception use, pregnancy- related care—including miscarriage and abortion—as well as infertility treatment.

The Biden administration issued the new rule after hearing concerns from providers that patients’ records could be unlawfully sought when they travel out of state to obtain reproductive care, especially after the Supreme Court overturned Roe v. Wade in June 2022. Several states instituted abortion restrictions and bans following the decision, causing some patients to cross state lines for care.

What the New Rule Covers

The new HIPAA reproductive health privacy rule aims to better protect patient confidentiality and prevent medical records from being used against those legally obtaining or providing reproductive care.

However, the rule does not:

  • Cover reproductive health information when the services obtained were illegal
  • Cover data outside of HIPAA protections, like location information or health details stored on personal devices
  • Apply unless the care was lawfully obtained in a state where it is legal.

Required Signed Attestations

Under the new regulations, if a HIPAA-covered entity like an employer receives a request for protected health information potentially involving reproductive care, they must get a signed attestation stating the data will not be utilized for prohibited reasons.

Valid attestations must be provided on a standalone form, not attached to other documents when disclosing information for:

  • Health oversight activities
  • Judicial and administrative proceedings
  • Law enforcement purposes
  • Releases to coroners and medical examiners.

The Office for Civil Rights plans to publish a model attestation form to aid compliance ahead of the Dec. 23 deadline.

For more Employee Benefits resources, contact INSURICA today.

Copyright © 2024 Smarts Publishing. This is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel or an insurance professional for appropriate advice. 

About the Author

INSURICA
INSURICA

Share This Story

Stay Updated

Subscribe to the INSURICA blog and receive the latest news direct to your inbox.

Subscribe to the blog

Related Blogs

Workers’ Compensation Rates Drop, Yet Premiums Remain Unchanged

April 29th, 2025|Blog, Construction, Trending|

In Workers' Compensation, the reality is that the E-Mod score determines the majority of the annual premium, rather than the non-disputable rates assigned by the NCCI for each class code. Which is to the benefit of savvy companies that understand how the EMOD score works and know how to control it.

Spring Storm Safety Tips for Businesses

April 28th, 2025|Blog, Risk Management, Trending|

Spring can bring about some of the year’s most dangerous weather and wreak havoc on many aspects of a company’s operations. This article discusses the weather threats to watch out for during spring and measures businesses can take to minimize damage.

Green Practices in Healthcare Facilities

April 27th, 2025|Blog, Healthcare, Trending|

Sustainability has become increasingly important for healthcare facilities. Faced with regulatory requirements, cost-saving opportunities and growing public expectations for environmental responsibility, healthcare facilities are pursuing green initiatives that align with operational efficiency and risk management goals.

Go to Top