HHS Points Steerage in Gentle of Dobbs Determination

The U.S. Division of Well being and Human Providers (HHS) issued steerage on June 29 discussing privateness protections underneath the Well being Insurance coverage Portability and Accountability Act of 1996 (HIPAA) within the wake of the Dobbs choice. Well being care suppliers might want to consider whether or not they’re permitted to reveal an abortion affected person’s Protected Well being Data (PHI) underneath HIPAA. HIPAA permits disclosure of PHI if the supplier fairly believes a person is a sufferer of abuse or neglect if the disclosure is required by legislation (and complies with and is restricted to the related necessities of the legislation), but additionally when the disclosure is expressly licensed by statute or regulation and:

• The supplier, within the train {of professional} judgment, believes disclosure is critical to stop critical hurt to the person or different potential victims
• Or the person is unable to comply with the disclosure due to incapacity and a legislation enforcement official or different public official licensed to obtain the report represents that the PHI shouldn’t be supposed for use in opposition to the person, and an instantaneous enforcement exercise that relies upon upon the disclosure could be materially and adversely affected by ready till the person is ready to comply with the disclosure.

Extra particulars on this and different authorized points raised by the Dobbs choice on this shopper alert.