Health Highlight: Thu. 13, Apr.
Today’s Highlight(s): A breakdown of the Department of Health and Human Services press release about changes to HIPPA’s Privacy Rule.
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“HHS Proposes Measures to Bolster Patient-Provider Confidentiality Around Reproductive Health Care” — HHS, Office for Civil Rights (OCR)
🌐 Full Article • 📚 Glasp Highlights
BRIEF
In a press statement yesterday, the Department of Health and Human Services said that it plans to add protections to the Health Insurance Portability Act (HIPPA) for the release and use of protected health information (PHI), especially when it comes to reproductive health care decisions.
“Today’s [Notice of Proposed Rule-making] NPRM proposes to extend additional privacy protections for providers, insurers, patients and others to safeguard PHI when that information otherwise would be disclosed or used to identify, investigate, sue, or prosecute someone for seeking, obtaining, providing, or facilitating lawful reproductive health care.” 1
The new rules would replace the current Privacy Rule, which “permits, but does not require, certain disclosures to law enforcement and others, subject to specific conditions.” 1
CONTEXT
After the Dobbs v. Jackson decision in June of 2022, the Biden Administration responded with two Executive Orders (14076 and 14079) in attempts to “protect healthcare service delivery and promote access to critical reproductive healthcare services, including abortion” 2 and “support women’s access to reproductive healthcare services, including their ability to travel to seek abortion care in States where it is legal.” 3
The administration also called on the Department of Justice to create an interagency task force to monitor, review, and respond to state and municipal legislation and enforcement actions that endanger reproductive health care access. 4
This HHS Notice of Proposed Rule-making (NPRS) comes after the third meeting of the Reproductive Rights Task Force (RRTF), and falls in accordance with the Biden Administration’s Executive Orders aimed at protecting all aspects of reproductive health.
FURTHER READING & RESOURCES
HIPAA for Individuals (HHS.gov): Learn your rights under HIPAA, how your information may be used or shared, and how to file a complaint if you think your rights were violated.
Filing a HIPAA Complaint (HHS.gov): If you believe that a HIPAA-covered entity or its business associate violated your (or someone else’s) health information privacy rights or committed another violation of the Privacy, Security, or Breach Notification Rules, you may file a complaint with the Office for Civil Rights (OCR).
Reproductive Rights (justice.gov): On July 12, 2022, the Department of Justice announced the establishment of the Reproductive Rights Task Force, formalizing the Department’s ongoing work to protect reproductive freedom under federal law.
Questions & Answers Post Roe v. Wade (>It’s Technical): The purpose of this article is to provide those who have been impacted by the recent change in federal law with clear, accurate information and resources.
🏷️ #RoevWade #ReproductiveRights #BidenAdmin #DOJ
Notes
“HHS Proposes Measures to Bolster Patient-Provider Confidentiality Around Reproductive Health Care” https://www.hhs.gov/about/news/2023/04/12/hhs-proposes-measures-bolster-patient-provider-confidentiality-around-reproductive-health-care.html
“Protecting Access to Reproductive Healthcare Services (Executive Order 14076 of July 8, 2022)” https://www.federalregister.gov/documents/2022/07/13/2022–15138/protecting-access-to-reproductive-healthcare-services
“Securing Access to Reproductive and Other Healthcare Services (Executive Order 14079 of August 3, 2022)” https://www.federalregister.gov/documents/2022/08/11/2022–17420/securing-access-to-reproductive-and-other-healthcare-services
“Justice Department Announces Reproductive Rights Task Force” https://www.justice.gov/opa/pr/justice-department-announces-reproductive-rights-task-force