Assessing the Future of the HIPAA Reproductive Health Rule

In an article published by Law360, Woods Rogers Principal and health law attorney Liz Heddleston guides HIPAA-regulated entities in light of a recent case that has generated uncertainty surrounding the reproductive health rule. In Purl v. the U.S. Department of Health and Human Services, the court declared most of the rule unlawful, issuing a nationwide injunction releasing HIPAA-regulated entities from having to comply with the rule’s requirements related to reproductive health information.

“These developments have led to uncertainty and compliance challenges for HIPAA-regulated entities,” Liz writes. “Following the adoption of the reproductive health rule, many HIPAA-regulated entities devoted significant legal and compliance resources to updating their privacy practices and processes to comply with the enhanced protections for reproductive health information.”

Liz suggests that regulated entities unwind compliance updates and notes that while the reproductive rule was struck down, HIPAA still imposes significant obligations to protect the privacy and security of personal health information.

You can read her full article in Law360 here or in the copy here (PDF).