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Abortion Biden Administration

Ballard Spahr LLP

Court Vacates HIPAA Reproductive Information Privacy Regulations

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A federal district court has vacated a federal regulation under HIPAA that provided special restrictions on the disclosure of reproductive health information....more

Rivkin Radler LLP

CMS Rescinds EMTALA Abortion Guidance Amid Ongoing Legal Conflicts

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The Centers for Medicare & Medicaid Services (CMS) recently published a press release rescinding its June 2022 guidance concerning hospitals’ obligations to pregnant women under the Emergency Medical Treatment & Labor Act...more

Holland & Knight LLP

Holland & Knight Health Dose: June 10, 2025

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The U.S. Senate will likely release additional sections of the reconciliation package this week. It is unlikely the Senate Committee on Finance, which has jurisdiction over Medicaid, will hold a markup on its portion of the...more

Snell & Wilmer

Trump Administration Rescinds Emergency Abortion Guidance

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On June 3, 2025, the Trump administration announced (the Announcement) that it would no longer follow Biden-era guidance (the Guidance) that directed hospitals to provide emergency abortions to pregnant women in emergency...more

Shipman & Goodwin LLP

Trump Administration Rescinds Biden Administration's EMTALA Preemption Guidance

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On June 3, 2025, the Trump Administration announced that it rescinded the Biden Administration’s guidance issued on July 11, 2022. The Biden Administration’s guidance advises hospital providers that, under the federal...more

McDermott+

Healthcare Preview for the Week of: January 27, 2025

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RFK Nomination Hearing Week - Robert F. Kennedy Jr. (RFK), nominated for Secretary of Health and Human Services (HHS), has a busy week with two Senate nomination hearings. He will testify in front of the Senate Finance...more

Akin Gump Strauss Hauer & Feld LLP

Enforcing the Hyde Amendment (Trump EO Tracker)

Summary - This Order makes it the policy of the United States to enforce the Hyde Amendment, preventing the use of Federal money to fund or promote elective abortion. The EO further revokes two Executive Orders from the Biden...more

Shipman & Goodwin LLP

U.S. Supreme Court Upholds HHS’ Decision to Withhold Federal Grants as a Consequence of Oklahoma’s Failure to Comply with Federal...

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The United States Supreme Court on Tuesday issued an order which will allow the Biden administration to withhold $4.5 million of federal funding from the Oklahoma State Department of Health. This decision is one in a wave of...more

Paul Hastings LLP

Right to Reproductive Health Care Privacy

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HHS announced modifications last week to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Privacy Rule, that will strengthen privacy protections for reproductive health care information. The Final...more

Epstein Becker & Green

HHS Proposes Amendments to HIPAA that Protect Reproductive Health Care Information in Wake of Dobbs

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Introduction - Following the Supreme Court decision in Dobbs v. Jackson Women’s Health Organization overturning Roe v. Wade, the federal government, pursuant to President Biden’s Executive Order (the EO) took several steps...more

Robinson & Cole LLP

HHS Seeks to Strengthen Protections of Reproductive Health Information with Proposed Changes to HIPAA

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On April 12, 2023, the U.S. Department of Health & Human Services (HHS) released a Notice of Proposed Rulemaking (Proposed Rule) that seeks to enhance safeguards of reproductive health care information through changes to the...more

Polsinelli

HIPAA Notice of Proposed Rulemaking on Reproductive Health Care Privacy

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On April 12, 2023, the Department of Health and Human Services (“HHS”), Office for Civil Rights (“OCR”) issued a Notice of Proposed Rulemaking (“Notice” or “NPRM”) to solicit comments on proposed modifications to the HIPAA...more

Robinson+Cole Health Law Diagnosis

HHS Seeks to Strengthen Protections of Confidential Reproductive Health Information with Proposed Changes to HIPAA

On April 12, 2023, the U.S. Department of Health & Human Services (HHS) released a Notice of Proposed Rulemaking (Proposed Rule) that seeks to enhance safeguards of reproductive health care information through changes to the...more

Goodwin

Texas Sues to Challenge Federal Guidance Asserting that Refusal to Fill Prescriptions for Certain Drugs Used to Manage...

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On February 7, 2023, Texas filed a lawsuit against the Biden administration challenging guidance issued by the Department of Health and Human Services (“HHS”) to retail pharmacies in June of last year. ...more

Foley Hoag LLP

Recent Biden Administration Actions on Access to Medication Abortion

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In the first week of 2023, the Biden administration announced two actions centered on expanding access to medication abortion. The first involves a policy change by the FDA regarding the ability of retail pharmacies to...more

Holland & Knight LLP

CMS Releases New EMTALA Training Materials

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The Centers for Medicare & Medicaid Services (CMS) released to the public on Dec. 5, 2022, new training materials (Training Materials) on the Emergency Medical Treatment and Labor Act (EMTALA) consisting of a new, high-level...more

Brownstein Hyatt Farber Schreck

Midterms State of Play, Nov. 4, 2022

Less than a week out from Election Day, Republicans appear to be in the driver’s seat, leading or narrowing deficits in many key House and Senate races. At present, FiveThirtyEight projects Republicans have an 85% chance to...more

Sheppard Mullin Richter & Hampton LLP

EMTALA in the Post-Dobbs World

The Emergency Medical Treatment and Labor Act (EMTALA) requires hospitals with emergency departments and participating in Centers for Medicare and Medicaid Services (CMS) programs to provide medical screening, treatment and...more

Polsinelli

Fall Congressional Forecast: Eye on Federal Funding and Health Care

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Congress faces a crowded agenda this fall comprised of must-pass policy initiatives and potential political messaging opportunities in the lead up to the November midterm elections. With control of both chambers at stake, the...more

Morgan Lewis

Evolving Laws and Litigation Post–Dobbs: The State of Reproductive Rights as of August 30

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Federal litigation was in the spotlight last week with two major decisions related to the Biden-Harris administration’s Emergency Medical Treatment and Labor Act (EMTALA) guidance on providing abortion services as emergency...more

Epstein Becker & Green

Biden Administration Seeks to Clarify Patient Privacy Protections Post-Dobbs, Though Questions Remain

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On July 8, two weeks following the Supreme Court’s ruling in Dobbs v. Jackson that invalidated the constitutional right to abortion, President Biden signed Executive Order 14076 (E.O.). The E.O. directed federal agencies to...more

Holland & Knight LLP

Holland & Knight Health Dose: August 9, 2022

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Holland & Knight Health Dose is an in-depth weekly dose of legislative and regulatory insights to keep stakeholders abreast of happenings in Washington, D.C., impacting the health sector. This week's topics include . . . ...more

Foley Hoag LLP

Two Lawsuits on EMTALA’s Role in a Post-Dobbs World

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Following the Supreme Court’s decision in Dobbs, one federal law, the Emergency Medical Treatment and Labor Act (EMTALA), has become a focal point in the Biden administration’s efforts to challenge state attempts to restrict...more

Wyrick Robbins Yates & Ponton LLP

Patient Privacy and Reproductive Health Data in the Dobbs Aftermath

The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade and Planned Parenthood v. Casey, raises new issues regarding the privacy of reproductive health data. That’s because...more

Mintz - ML Strategies

ML Strategies Outlook: Federal Action Post-Dobbs Decision

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On June 24, 2022, the Supreme Court of the United States ruled on Dobbs v. Jackson Women’s Health Organization. This ruling overturned Roe v. Wade, which held that women had a fundamental right to an abortion. Since the Dobbs...more

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