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In the wake of the US Supreme Court’s decision to overturn Roe v. Wade, the US Department of Health and Human Services (HHS) Office of Civil Rights (OCR) issued new guidance to address patient privacy under the Health Insurance Portability and Accountability Act (HIPAA) for those seeking reproductive health care services. This article discusses the guidance, which states that HIPAA allows providers to disclose certain protected health information (PHI), which includes information relating to one’s abortion or other reproductive care, without patient authorization only in specific circumstances that are “narrowly tailored to protect the individual’s privacy and support their access to health services.”

Authors: Jonathan M. Ishee and Michael J. Paluzzi, Troutman Pepper Hamilton Sanders LLP

This article was originally published on the website of Troutman Pepper Hamilton Sanders LLP on July 14, 2022.

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