HHS Adopts Vital New Rule Protecting Patient Data about Lawful Reproductive Care

In response to a new HHS rule, CDT issued the following statement today:

(WASHINGTON) — Today, the Department of Health and Human Services’ (HHS) Office of Civil Rights issued a new rule to support reproductive health privacy under HIPAA. The rule protects patient privacy by prohibiting, in certain situations, the disclosure of medical records and other HIPAA-protected health information related to lawful reproductive health care in the wake of the Dobbs decision.

The Center for Democracy & Technology (CDT) commends HHS for undertaking this critically necessary privacy work. Issuing this rule will help ensure that doctors, health care providers, and insurers keep private elements of patients’ records relating to lawfully-provided health care that might otherwise be disclosed to law enforcement for abortion-related investigations. 

Alexandra Reeve Givens, CDT’s President & CEO, said:

“Personal health data is private and should not be used against patients seeking lawful care. Everyone deserves access to care they need, including reproductive care, and protecting medical records and other personal health information covered by HIPAA is central to making that a reality. Critically, in announcing today’s rule, Secretary Becerra and Office of Civil Rights Director Fontes Rainer emphasized the Department’s commitment to enforcing these protections; a welcome step to ensure that patients are able to seek the care they need from trusted providers. We thank HHS for undertaking this important work to protect patients’ privacy and maintain patient-doctor confidentiality.”