In 2023, the Department of Health and Human Services (HHS) introduced a set of proposed amendments to the Health Insurance Portability and Accountability Act (HIPAA) to bolster the protection of reproductive health care information.

Under these proposed changes, the revised HIPAA rule would explicitly prohibit the utilization and disclosure of reproductive health care information in specific instances involving criminal, civil, and administrative investigations and proceedings. Importantly, these restrictions would only apply in states where reproductive health care is legal as per state law or under federal law.

The proposed amendments to HIPAA in 2023 signify a concerted effort by HHS to fortify the privacy protections surrounding reproductive health care information, particularly in cases involving legal reproductive health care. These changes aim to balance federal and state law while prioritizing individual privacy and confidentiality.

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