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2024 HIPAA Privacy Rule To Support Reproductive Health Care - HR ALERTS

2024 HIPAA Privacy Rule - To Support Reproductive Health Care

HR Alerts : Vida HR Knowledge Center [Woman with an umbrella looking at checklist and blue shield]
Effective: June 25th, 2024

Effective June 25th, 2024, a new update to the Health Insurance Portability and Accountability Act (HIPAA) will go into effect.

This ruling PROHIBITS the use or disclosure of protected health information (PHI) by a covered entity (a healthcare provider or clearinghouse, or a health plan) or associate of an entity, in the following circumstances:

Conducting an investigation (whether criminal, civil, or administrative) into or imposing liability on any person who is seeking, obtaining, providing, or facilitating lawful reproductive health care.
Identifying any person for the purpose of conducting such an investigation, or imposing liability.

This prohibition applies when a covered entity or associate of an entity has reasonably determined one or more of the following conditions exist:

The reproductive health care is lawful under the state in which it was provided, and under the circumstances in which it was provided.
The reproductive health care is protected, required, or authorized by federal law, regardless of the state where the healthcare was provided.

This is meant to protect lawful health care that may be unlawful under different state laws, or lawful health care that may only be protected by federal law.

In addition to these requirements, whenever a regulated entity receives a request for PHI that is potentially related to reproductive health care, the entity must obtain a new, signed attestation. Regulated entities must comply with this requirement by December 23rd, 2024. They must also revise their privacy practices notice by February 16th, 2026.

For more information, the U.S. Department of Health and Human Services has published a fact sheet that can be found here.

Get day-to-day updates on 2024 HIPAA Privacy Rule To Support Reproductive Health Care Privacy visit the Vida HR Knowledge Center (Vida HR Clients Exclusive).


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