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HIPAA and Reproductive Health
Summary
The HIPAA Reproductive Rule provides protections for patients' seeking reproductive health care services and providers' providing reproductive health care services.
It prohibits the use or disclosure of Protected Health Information (PHI) for the purpose of criminal, civil, or administrative investigations when it is sought to investigate or impose liability on individuals, health care providers, and/or others who seek, obtain, provide, or facilitate reproductive health care that is lawful. It also prohibits the use or disclosure of reproductive health care information to identify an individual, health care provider, and/or others.
The Rule is applicable to a Covered Entity - our organization - that maintains PHI which include reproductive health care information whether it was created by the Covered Entity or not.
Compliance Date: December 23, 2024
What is Reproductive Health Care?
Under the Rule, reproductive health is care for services, medications, supplies, and equipment related to reproductive health, its functions, and processes. Reproductive health care affects the health of an individual, regardless of gender, in all matters relating to the reproductive system and to its functions and processes.
Some Examples (including, but not limited to):
- Contraceptives (over the counter or prescription)
- Pregnancy related care, counseling, or education
- Gender-affirming care, counseling, or education
- Fertility and infertility counseling or education
- Birth control counseling or education
- Conditions affecting the reproductive health system
Requirements
Prohibitions
- Prohibits the use or disclosure of PHI to conduct a criminal, civil, or administrative investigation.
- Prohibits the use or disclosure of PHI to identify any person that seeks or obtains, or a person that provides, or a person that facilitates reproductive health care for the purpose of conducting such investigation or imposing liability.
Applicability
- The Rule is applicable when it is lawful under the law of the state in which the health care is provided under the circumstances in which it is provided (State Law).
- The Rule is applicable when it is protected, required, or authorized by Federal Law, including Constitutional Law, regardless of the state in which the health care is provided.
- You can presume that the care was lawful, unless:
- There is actual knowledge that it was not lawful in which it was provided.
- There is factual information that the care was not lawful.
Attestation
- Requests should not be disclosed until it is determined that it does not fall underneath a prohibition or presumption.
- Requestors must complete and sign an Attestation stating that the use or disclosure is not for a prohibited purpose and is required from:
- Law enforcement
- Judicial and administrative proceedings (e.g. subpoenas and court orders)
- Coroners and medical examiners about decedents
- Health oversight (CO Department of Public Health)