In June 2024, HHS promulgated a final rule which amended the HIPAA Privacy Rule to strengthen privacy protections for information in health records related to reproductive health care. The new rule is facing its first legal challenge from the Texas Attorney General, Ken Paxton.
In the suit filed September 4, 2024, the state alleges that the rules infringe on the state’s investigative authority and that the HIPAA statute does not grant sufficient authority to HHS to promulgate such a rule which limits the sharing of information with state governments. Texas is seeking an injunction against enforcement of the final rule.
As discussed at length in our previous post regarding the final rule, the rule implements a new Attestation requirement for the release of records potentially related to reproductive health care when they are requested for health oversight activities, judicial and administrative proceedings, law enforcement purposes, or for coroners and medical examiners.
Texas is the first state to file a lawsuit challenging the rule. However, as one of many other states that have enacted restrictive abortion laws following the overturn of Roe v. Wade in 2022, we may soon see other similarly situated states following suit.
Sources:
- State of Texas complaint (chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.texasattorneygeneral.gov/sites/default/files/images/press/HHS%20HIPAA%20Rule%20Complaint%20Filed.pdf)
- https://www.mintz.com/insights-center/viewpoints/2146/2024-09-12-texas-challenges-hhss-hipaa-rule-protecting-reproductive
