- Home
- Advocacy
- Latest News and Practice Data
- HIPAA Privacy Rule Proposes to Protect Patients Seeking Reproductive Health Care Services
The CAP has analyzed, and is continuing to monitor, a proposed regulation concerning reproductive health care privacy. The proposal, which was released in April, would clarify that protected health information (PHI) cannot be disclosed to aid an investigation of someone seeking or obtaining reproductive health care.
The Biden administration proposed the draft regulation to strengthen the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule protections by prohibiting the use or disclosure of PHI to identify, investigate, prosecute, or sue patients, providers and others involved in the provision of legal reproductive health care, including abortion. Disclosure of PHI would also be prohibited when it is sought to investigate a person traveling to another state to seek reproductive health care. Physicians and other providers would be able to disclose PHI to defend themselves from negligence, malpractice, or other lawsuits.
The rule would only preempt state law where reproductive health services are legally provided. It also would not prohibit disclosure of PHI to investigate a sexual assault when permission has been granted.
If finalized, the rule would go into effect 60 days after publication. The CAP will provide additional information on this proposed regulation as it becomes available.