Stephen Murphy

A notice of proposed changes to the HIPAA Privacy Rule was recently issued to bolster the privacy of protected health information (PHI) relating to reproductive health care. The proposed changes are the latest in a series of steps by the Biden administration addressing privacy of reproductive health information following the Supreme Court's Dobbs v. Jackson Women’s Health Organization decision last summer. This post takes a closer look at the proposed changes to HIPAA.

In the aftermath of the overturning of Roe v. Wade, one abortion case involving a 10-year-old rape victim called into question issues of privacy when the attorney general in the case sought access to the minor’s abortion records. The case illustrates how, in the legal tug of war over abortion, health information may be weaponized against providers and individuals seeking or obtaining reproductive health services. This fact sheet explores actions taken at all levels of government to enhance protections of abortion-related health records and data.

Dissemination of data disaggregated by race and ethnicity is an important step in advancing health equity. However, the public dissemination of datasets that include race and ethnicity raises important legal considerations around privacy, primarily around re-identification. Re-identification refers to the ability to use data from a de-identified dataset to identify individuals. Modifications to the released data can reduce re-identification risks while maximizing the data’s utility.

Overview January 19, 2023 | 1 – 2:30 p.m. ESTWith accurate and complete public health data, public health practitioners and policymakers can be better equipped…

Detailed race and ethnicity data in public health is needed to adequately identify, assess, and address health inequities and structural racism, yet this type of data is often not utilized because of misunderstandings around the legality of collecting and sharing it. To assist public health practitioners and attorneys across state, Tribal, and local governments in the use of data to advance health equity, the Network has produced a legal handbook that addresses the role of law in collecting and disseminating public health data disaggregated by race and ethnicity.    

Overview 1:00 – 2:30 p.m. EST | December 7, 2022Dobbs v. Jackson Women’s Health Organization upended 50 years of U.S. Supreme Court precedent protecting reproductive…

Overview November 30, 2022 | 1 – 2:30 p.m. ESTOften, a data-sharing project doesn’t come to an attorney’s attention until the attorney is asked to…

Overview November 16, 2022 | 1 – 2:30 p.m. ESTData sharing, particularly cross-sector data sharing, is easier said than done. Inflexible and out-of-touch data laws…

Many state and local public health departments are covered entities under the Health Insurance Portability and Accountability Act (HIPAA) and must provide individuals with access to their protected health information. However, covered entities that are unfamiliar with a key provision of the Health Information Technology for Economic and Clinical Health (HITECH) Act, and its implications for the use of written authorizations to release protected health information to a third party, may be in jeopardy of violating the right of access.

In its recent decision in Dobbs v. Jackson’s Women’s Health Organization, the United States Supreme Court held there is no constitutional right to abortion. The dissenters in Dobbs warned of far-reaching state restrictions that may include blocking pregnant individuals from traveling to another state to terminate a pregnancy; prohibiting pregnant individuals from obtaining abortion pills out-of-state; and even criminalizing the provision of information to those seeking out-of-state abortions. With these broad ramifications in mind, the threat of law enforcement gaining access to health records is a growing concern. In this fact sheet, we provide additional guidance on how HIPAA applies to abortion records. We caution that HIPAA includes several provisions permitting disclosure of an individual’s abortion records to law enforcement when specific conditions are met.

The COVID pandemic has brought into sharp focus the crucial nature of data in helping drive decision-making, directing public health interventions, focusing limited resources, and allocating precious grant dollars. The new federal Information Blocking Rule may provide local and state health departments with an additional tool to enhance collection of key public health data and overcome some of the barriers to reporting of data by health care providers and others.