Background
Earlier this year, I wrote an article outlining a new HIPAA rule that became effective on December 23, 2024, requiring healthcare providers to obtain a Reproductive Attestation before releasing medical records in response to subpoenas (the “Final Rule”). Under the Final Rule, anyone seeking medical records must attest that the information is not being sought for prohibited purposes, such as investigating or penalizing individuals for seeking or providing reproductive healthcare services.
The attestation was broadly required for any protected health information (PHI) potentially related to reproductive health, including medical, pharmacy, billing, and mental health records connected to reproductive care.
Legal Challenge
On June 18, 2025, the United States District Court for the Northern District of Texas issued an opinion in the case of Purl v. Department of Health and Human Services finding the Final Rule unlawful and thereby vacating it. The ruling was made immediately effective, meaning that the Final Rule is not currently enforceable under Federal law. The Department of Health and Human Services has until August 17, 2025 to appeal.
Impact on California Law Practices
So, what does this mean for law firms seeking medical records via subpoena?
If you’re issuing your subpoena in California, then not much. Although a specific Reproductive Attestation form is no longer required under Federal law, California has enacted a shield law (AB 1242) that prohibits an authorized attorney, among others, from issuing a subpoena in connection with a proceeding in another state seeking information about certain reproductive healthcare treatment if that treatment is legal within California.
Practical Considerations
California’s AB 1242 doesn’t impose a duty on the subpoenaing party to provide a signed attestation. However, failing to inform the witness up front that you’re not seeking a patient’s records in connection with an out-of-state proceeding can cause delays. Our office is still receiving rejections from medical facilities when a subpoena is not served with a Reproductive Attestation.
While these rejections can be fought, they create unnecessary delays in obtaining the records you need to move your case forward. Accordingly, we recommend continuing to send your subpoenas with an Attestation if it is not overly burdensome for your office.
