On June 25, the U.S. Department of Health and Human Services Office of Civil Rights' (HHS) HIPAA Privacy Rule to Support Reproductive Health Care took effect, enhancing HIPAA privacy protections for protected health information (PHI) relating to an individual's reproductive health care. This new rule modifies certain privacy and security protections provided by the Health Insurance Portability and Accountability Act of 1996 and its related regulations as they apply to the use and disclosure of PHI that relates to "reproductive health care" (the HIPAA RHC Rule).
While they can choose to start applying the HIPAA RHC Rule now, employer-sponsored group health plans, health care providers, health care clearinghouses and other covered entities, as well as their business associates (collectively, regulated entities), are permitted to delay until December 23 to bring their practices, policies and procedures into compliance with the HIPAA RHC Rule. Additional time is allowed for regulated entities to update their HIPAA Notice of Privacy Practices (HIPAA Notice) – they can wait until as late as February 16, 2026, to revise their HIPAA Notice to reflect changes mandated by the HIPAA RHC Rule.
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