HIPAA and Proposed Changes for 2023

After the Supreme Court officially published the Dobbs v. Jackson Women's Health Organization decision on June 24, 2022, the federal Health and Human Services published two guidance documents related to the privacy of reproductive health care information.

The first guidance document identified how HIPAA currently applies to the privacy of reproductive health care information, emphasizing that it permits but does not require disclosures.

The second guidance document clarified that HIPAA does not apply to health information on consumer devices or stored with most consumer apps, which is otherwise the existing HIPAA laws.

In April 2023, the HHS proposed an amended HIPAA rule to bolster and implement this informal guidance into law.  In addition to reproductive health confidentiality, general prohibitions were updated, attestation requirements were amended, definitions were changed, and law enforcement requests were clarified.

In addition, changes to notices of privacy practices were included in these proposed changes that affect all health care practitioners. Other various changes were made, yet HHS could have chosen other proposals to implement.

In conclusion, these proposed changes for 2023 will involve the next steps for covered entities and business associates alike.

• Introduction to federal regulatory process-notice and Comment rulemaking
• Overview of proposed HIPAA Privacy Rule changes for 2023
• Examination of existing guidance
• Updated general prohibitions
• Attestation requirements
• Changes to definitions
• Law enforcement requests
• Changes to notice of privacy practices
• Other various changes
• Alternative changes, not made-yet
• Next steps for Covered Entities and Business Associates

Conclusion: Avoiding risk and liability with best practices to anticipate HIPAA changes for 2023 but not yet in effect

The background for this topic is an introduction to HIPAA and guidance on upcoming, proposed changes for 2023.

The Department of Health and Human Services published proposed amendments to HIPAA to further safeguard the privacy of reproductive health care information in 2023.

The proposed amended HIPAA rule prohibits using and disclosing this information for specific criminal, civil, and administrative investigations and proceedings where reproductive health care is legal in the state that it was provided or under federal law.

This HIPAA update would preempt contrary state law in these narrow situations.  For 2023, there are also proposed corresponding changes, such as to the requirements for notices of privacy practices and requiring attestations for specific requests for information potentially related to reproductive health care.

Learn the latest on this emerging HIPAA topic as these proposed amendments wind their way into law in 2023. Erase the fear, uncertainty, and doubt about tackling the new legal landscape of HIPAA for these proposed 2023 changes.

Discover what you need to know about how to apply HIPAA changes for 2023 – and deal with those outcomes effectively.

• Healthcare law attorneys
• Licensed healthcare practitioners in private practice in mental health and in physical medicine
• Medical directors of health facilities
• Office managers and medical directors of private medical offices
• Healthcare managers and executives
• Corporate counsel in healthcare administrators
• University faculty in healthcare and medical records
• Allied health professionals in graduate-level medical education across the many healthcare professions
• Corporate compliance officers
• Human resource directors and departments