Navigating the New HHS Reproductive Healthcare Privacy Rule: HIPAA Updates, State Law Conflicts, Provider Challenges

OCR recently published a far-reaching final rule amending the HIPAA privacy rule and providing new protections for the privacy of RHI. The rule requires compliance by Dec. 23, 2024, with the exception of the notice of privacy practices (NPP) provisions requiring compliance by Feb. 16, 2026.

The rule's purpose is to restrict the circumstances under which HIPAA-covered entities and their business associates (regulated entities) may disclose RHI by prohibiting its use or disclosure to conduct a criminal, civil, or administrative investigation into a person, or to impose civil, criminal, or administrative liability on any person, for the mere act of seeking, obtaining, providing, or facilitating reproductive healthcare that is lawful under the circumstances in which it was provided.

To ensure compliance, the rule requires regulated entities that receive requests for RHI related to law enforcement, judicial, or administrative purposes to obtain a signed attestation from the requestor to verify that the use or disclosure of the RHI is not prohibited as described in the rule. The rule allows for healthcare providers to presume the healthcare provided was lawful under the circumstances it was provided unless they have actual knowledge or factual information to the contrary.

Regardless, the rule now puts regulated entities in the difficult position of deciding whether to comply with a state law requirement to disclose information or the HIPAA privacy prohibition.

The rule also requires regulated entities to revise their NPPs to reflect the rule's changes and also to address proposed changes made in the NPRM for the Confidentiality of Substance Use Disorders which were finalized in connection with this rule.

Listen as our expert panel guides practitioners through the new amendments to the HIPAA privacy rule and the significant impact it will have on regulated entities. The panel will also offer best practices for compliance.

1. Introduction
2. The final rule
   1. Purpose
   2. Covered entities
   3. Revised definitions
   4. Prohibited uses and disclosures
   5. Rule of applicability
      1. Presumption that healthcare at issue is lawful
      2. When the provider and requestor disagree as to whether the healthcare is lawfully provided
   6. Attestation
   7. Notice of privacy practices revisions
   8. Reporting abuse, neglect, or domestic violence
   9. Responding to law enforcement administrative requests
   10. Recognition of personal representative
   11. Disclosures authorized by patient
   12. Enforcement
   13. Compliance timeline
3. Impact on healthcare providers
   1. Preparing for compliance
   2. When state law conflicts with HIPAA
   3. Relationship to information blocking regulations
4. Practitioner takeaways

The panel will review these and other important considerations:

• Who is covered by the final rule?
• Under what circumstances does the final rule prohibit the disclosure of RHI?
• When may regulated entities presume that the reproductive healthcare that was provided was lawful under the circumstances?
• How should regulated entities proceed when state law requirements appear to conflict with the final rule's prohibitions?
• What is the attestation requirement in the final rule?
• What revisions to NPPs are required by the final rule?