Summary
A federal district court has vacated a federal regulation under HIPAA that provided special restrictions on the disclosure of reproductive health information.
The Upshot
- The Biden administration issued regulations under HIPAA that prohibited the disclosure of protected health information relating to reproductive health for impermissible purposes, such as prosecutorial investigation.
- Reproductive health information includes information about certain politically volatile subjects, such as abortion, transgender care, and fertility treatments.
- The court order vacates the regulation nationwide, although it leaves intact amendments to HIPAA’s notice of privacy practices requiring certain disclosures relating to information regarding substance use disorders.
The Bottom Line
Employers will need to watch for relevant developments and consider how they affect their HIPAA compliance measures. They will, in any event, need to consider certain amendments to their notice of privacy practices.
The U.S. District Court in the Northern District of Texas has vacated a Biden administration regulation to limit the disclosure of reproductive health information (including information on highly sensitive subjects, such as abortion, transgender care, and fertility treatments) by covered entities under HIPAA. The regulation generally restricted health plans and health care providers from disclosing such information for impermissible purposes, such as prosecutorial or administrative investigation. The restrictions applied only when care was lawfully provided. The regulation also required HIPAA notices of privacy practices to be amended to reflect the new restrictions by February 16, 2026.
The case came before the court in an unusual posture. Currently reviewing the regulation, the Trump administration challenged only the standing of the plaintiffs and the scope of relief. However, finding that some of the administration’s arguments addressed the merits of the regulation, the court undertook a substantive review of the regulation’s validity. It found that the regulation exceeded the authority conferred to the Department of Health and Human Services in view of the major (and highly charged political) questions it addressed. The court also found that the regulation unlawfully redefined certain statutory terms and failed to account appropriately for a statutory exception to HIPAA’s privacy restrictions for the reporting of child abuse.
Many health plans and health care providers have already taken at least modest measures to comply with the regulations, which took effect on December 23, 2024. They should be watching to see how the Trump administration responds to the ruling and what comes of its review of the regulation generally. They may also look to see if the Supreme Court issues guidance on the authority of federal district courts to wholly vacate regulations and otherwise issue orders of nationwide effect. In any event, health plans and health care providers will need to consider revisions to their notice of privacy practices for changes that the court left intact regarding the privacy of certain information relating to substance use disorders.
Attorneys in our Employee Benefits and Executive Compensation Group and Health Care Team are monitoring developments on this issue and are available for counsel.
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