On April 12, 2023, the Department of Health and Human Services (“HHS”), Office for Civil Rights (“OCR”) issued a Notice of Proposed Rulemaking (“Notice” or “NPRM”) to solicit comments on proposed modifications to the HIPAA Privacy Rule related to reproductive health.
In this Notice, HHS OCR requests comments regarding various requirements related to a proposed prohibition on the use or disclosure of protected health information (“PHI”) by a regulated entity: (1) in certain investigations and proceedings against any person in connection with seeking, obtaining, providing, or facilitating reproductive health care, where such health care is lawful under the circumstances in which it is provided; and (2) for the identification of any person for the purpose of initiating such investigations or proceedings.
