OMB Clears Final Rule on HIPAA Privacy Protections for Reproductive Health Information
- April 19, 2024
The Office of Management and Budget (OMB) has cleared a final rule aimed at better protecting sensitive information related to reproductive health care under the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule.
The proposed rule, which the Department of Health and Human Services Office for Civil Rights issued a year ago, would prohibit the use or disclosure of protected health information (PHI) to investigate or prosecute “patients, providers, and others involved in the provision of legal reproductive health care, including abortion.”
The rule is part of the administration’s ongoing efforts to ensure access to reproductive health care in the wake of the Supreme Court’s ruling overturning Roe v. Wade.
Under the proposed rule, regulated entities would be prohibited from disclosing PHI involving reproductive health care for either (1) a criminal, civil, or administrative investigation into or proceedings against any person in connection with care that is lawfully provided; and (2) the identification of any person for the purpose of initiating such investigations or proceedings.
With OMB’s clearance on April 16, the final rule could be issued at any time.