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The U.S. Department of Health and Human Services (HHS) has updated its webpage on safeguarding reproductive health care privacy. The webpage includes additional resources and a HIPAA model attestation form, which can be utilized by covered entities and business associates to use to comply with the new privacy measures for reproductive health care. These new privacy safeguards will become effective on December 23, 2024.
New Privacy Protections
On April 26, 2024, HHS strengthened the HIPAA Privacy Rule by prohibiting the disclosure of protected health information (PHI) related to lawful reproductive health care. Regulated entities must not use or disclose PHI in certain situations for investigations or proceedings related to reproductive health care. They must presume the lawfulness of care unless proven otherwise.
Attestation Requirements
Regulated entities must obtain a valid attestation before disclosing PHI related to reproductive health care for specific purposes. This ensures compliance with privacy regulations and confirms the disclosure is not for a prohibited purpose. The attestation must be a standalone document with specific information, including a clear statement that the disclosure is permissible. Entities can use the HHS model attestation form for these requests.
Covered entities must update their HIPAA notice of privacy practice for the new protections by February 16, 2026. Download the bulletin for more details.
National Insurance Services is not a law firm and no opinion, suggestion, or recommendation of the firm or its employees shall constitute legal advice. Readers are advised to consult with their own attorney for a determination of their legal rights, responsibilities and liabilities, including the interpretation of any statute or regulation, or its application to the readers’ business activities.
