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Friday, September 22, 2023

HHS Points Steerage in Mild of Dobbs Determination

The U.S. Division of Well being and Human Providers (HHS) issued steering on June 29 discussing privateness protections below 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 Info (PHI) below HIPAA. HIPAA permits disclosure of PHI if the supplier moderately believes a person is a sufferer of abuse or neglect if the disclosure is required by regulation (and complies with and is restricted to the related necessities of the regulation), but additionally when the disclosure is expressly approved by statute or regulation and:

  • The supplier, within the train {of professional} judgment, believes disclosure is critical to stop severe hurt to the person or different potential victims
  • Or the person is unable to comply with the disclosure due to incapacity and a regulation enforcement official or different public official approved to obtain the report represents that the PHI shouldn’t be supposed for use towards the person, and a direct 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 consumer alert.

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