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News & Knowledge

*New* HIPAA Prerequisite to Sharing PHI that is Potentially Related to Reproductive Healthcare

The Department of Health and Human Services Office for Civil Rights (OCR) published a Final Rule on April 26, 2024, outlining additional requirements that HIPAA-covered entities and business associates must follow before sharing individuals’ protected health information (PHI) potentially related to reproductive healthcare. The Final Rule became effective on December 23, 2024. NEW PREREQUISITES TO DISCLOSURES OF CERTAIN PHI The Final Rule prohibits Regulated Entities (covered entities and business associates) from using or sharing PHI with a third party to investigate, prosecute, or fine someone “for the mere act of seeking, obtaining, providing, or facilitating” lawful reproductive healthcare (RHC). Regulated Entities also may not use or…

Curi’s risk mitigation resources and guidance are offered for educational and informational purposes only. This information is not medical or legal advice, does not replace independent professional judgment, does not constitute an endorsement of any kind, should not be deemed authoritative, and does not establish a standard of care in clinical settings or in courts of law. If you need legal advice, you should consult your independent/corporate counsel. We have found that using risk mitigation efforts can reduce malpractice risk; however, we do not make any guarantees that following these risk recommendations will prevent a complaint, claim, or suit from occurring, or mitigate the outcome(s) associated with any of them.

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