HHS Proposes Rule Shoring up HIPAA to Protect Reproductive Health Data, Including Around Abortions

The Biden administration has proposed a new rule that would ban providers, health insurers and other entities covered by the HIPAA privacy law from sharing patient information that could be used to investigate abortions, reports Healthcare Dive.

The proposed regulation from the HHS Office for Civil Rights is meant to protect patient-provider confidentiality and prevent private medical records from being used against people seeking, obtaining or providing legal reproductive healthcare, including an abortion or miscarriage management, the HHS said.

Privacy lawyers said the regulation would insulate physicians from the chilling effect of abortion bans, freeing them to keep detailed notes on patient visits and have open and honest conversations with patients about their reproductive healthcare options — even in states where abortion is illegal.

However, the rule — if finalized — is likely to face a legal challenge from conservative states. Read more.

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