A brand new Well being Insurance coverage Portability and Accountability Act (HIPAA) privateness rule went into impact on June 25, that prohibits the disclosure of protected well being data associated to lawful reproductive well being care in sure conditions. Employers, as lined entities beneath HIPAA, should adjust to the rule by Dec. 23.
Below the earlier HIPAA privateness laws, healthcare suppliers have been allowed, however not required, to share sufferers’ reproductive well being data with legislation enforcement. Such data might embrace contraception use, pregnancy- associated care—together with miscarriage and abortion—in addition to infertility remedy.
The Biden administration issued the brand new rule after listening to issues from suppliers that sufferers’ information could possibly be unlawfully sought after they journey out of state to acquire reproductive care, particularly after the Supreme Courtroom overturned Roe v. Wade in June 2022. A number of states instituted abortion restrictions and bans following the choice, inflicting some sufferers to cross state strains for care.
What the New Rule Covers
The brand new HIPAA reproductive well being privateness rule goals to higher shield affected person confidentiality and forestall medical information from getting used in opposition to these legally acquiring or offering reproductive care.
Nevertheless, the rule doesn’t:
- Cowl reproductive well being data when the companies obtained have been unlawful
- Cowl information exterior of HIPAA protections, like location data or well being particulars saved on private gadgets
- Apply except the care was lawfully obtained in a state the place it’s authorized.
Required Signed Attestations
Below the brand new laws, if a HIPAA-covered entity like an employer receives a request for protected well being data doubtlessly involving reproductive care, they have to get a signed attestation stating the info won’t be utilized for prohibited causes.
Legitimate attestations should be supplied on a standalone kind, not connected to different paperwork when disclosing data for:
- Well being oversight actions
- Judicial and administrative proceedings
- Regulation enforcement functions
- Releases to coroners and health workers.
The Workplace for Civil Rights plans to publish a model attestation kind to assist compliance forward of the Dec. 23 deadline.
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