The U.S. Department of Health and Human Services, acting on behalf of the Biden Administration, published final HIPAA Privacy regulations for reproductive healthcare (the “final rules”). The final rules provide new protection meant to address the potential that information related to abortion services may be disclosed in ways that cause harm to the interests that HIPAA seeks to prevent, including the trust of individuals in healthcare providers, their health plans, and the healthcare system.
This Alert: (i) provides a quick refresher on some HIPAA basics; (ii) discusses the federal government’s concern and basis for the final rules; (iii) addresses the new HIPAA Privacy protection; and (iv) identifies the actions certain employers as plan sponsors must take to comply. This Alert is relevant for all employers, but it is most relevant for employers sponsoring self-insured medical plans.
