Dear USET/USET SPF Family,
The Department of Health and Human Services (HHS) Office of Civil Rights (OCR) has released a Notice of Proposed Rulemaking (NPRM) regarding the "Privacy Rule" of the Health Insurance Portability and Accountability Act (HIPAA), as it relates to reproductive health. The Privacy Rule deals with the use, disclosure and protection of patient health data and protected health information (PHI). The proposed rule would prohibit entities covered under HIPAA from using or disclosing PHI as it relates to obtaining, providing or facilitating reproductive health care. Importantly, the rule would prohibit covered entities from using or disclosing PHI for criminal, civil or administrative investigations into individuals seeking or facilitating reproductive health care.
HHS OCR will consult on this issue on May 17, 2023 from 2:00 - 3:30 pm EST. HHS hopes to hear input on the NPRM, as well as Tribal Nations' concerns and priorities regarding the HIPAA Privacy Rule as it relates to reproductive healthcare. Interested participants may register for the consultation here. The Dear Tribal Leader Letter includes more information on the consultation, as well as instructions for submitting written comments through Regulations.gov. Written comments on this topic are due June 16, 2023.
For more information, please contact Ashton Martin, USET SPF Health Policy Anaylst, at email@example.com.