News & Analysis as of

Biden Administration Department of Health and Human Services (HHS) Reproductive Healthcare Issues

Epstein Becker & Green

CMS’s Rescission of 2022 EMTALA Guidance Presents New Considerations for Hospitals, Post-Dobbs

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The Centers for Medicare & Medicaid Services (CMS) recently rescinded its July 2022 guidance titled “Reinforcement of EMTALA Obligations specific to Patients who are Pregnant or are Experiencing Pregnancy Loss” (“2022...more

King & Spalding

Texas Court Overturns Biden Administration’s Expansion of Abortion Privacy

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On June 18, 2025, Judge Matthew Kacsmaryk of the Northern District of Texas vacated the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule to Support Reproductive Health Care Privacy (the Rule). The...more

Holland & Hart - Health Law Blog

Federal Court Vacates HIPAA Reproductive Health Rule

As anticipated, a Texas federal district court has vacated the HIPAA Reproductive Health Rule (the “Rule”) nationwide. (Memorandum Opinion and Order, Purl v. HHS, 2:24-CV-228-Z (N. Dist. Tex (Jun. 18, 2025), available here)....more

Saul Ewing LLP

Federal District Court Issues Opinion Vacating HHS Rule Protecting Reproductive Health Information

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On June 18, 2025, U.S. District Judge Matthew Kacsmaryk of the Northern District of Texas (the “District Court”) vacated a 2024 final rule issued by the U.S. Department of Health and Human Services (“HHS”) under the Biden...more

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

Foley Hoag LLP

CMS Rescinds Post-Dobbs EMTALA Guidance, Raising New Questions for Emergency Departments

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I. Key Takeaways - Federal enforcement under the Emergency Medical Treatment and Labor Act (EMTALA) may be changing after the Centers for Medicare & Medicaid Services (CMS) rescinded guidance issued under the Biden...more

Alston & Bird

Health Care Week in Review | CMS Rescinds Biden-Era EMTALA Abortion Guidance; CBO Projects 16 Million Could Lose Coverage Under...

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Below is Alston & Bird’s Health Care Week in Review, which provides a synopsis of the latest news in health care regulations, notices, and guidance; federal legislation and congressional committee action; reports, studies,...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

Ropes & Gray LLP

Biden Administration Finalizes Its Last Changes To Health Data Interoperability and Information Blocking Regulations

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In December 2024, the Assistant Secretary for Technology Policy/Office of the National Coordinator for Health Information Technology (“ASTP/ONC”) within the U.S. Department of Health and Human Services (“HHS”) published two...more

Holland & Knight LLP

Holland & Knight Health Dose: September 10, 2024

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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....more

Paul Hastings LLP

Right to Reproductive Health Care Privacy

Paul Hastings LLP on

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

McDermott+

Regs During an Election Year: What’s on the Menu?

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Last week, McDermott+Consulting launched an election 2024 resource page, where you can find a 2024 health policy outlook and other insights into the November election. While regulations aren’t necessarily top-of-mind when...more

Goodwin

HHS OCR Proposes Changes to HIPAA to Support Reproductive Health Care Privacy

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On April 17, 2023, the Office for Civil Rights (“OCR”) of the U.S. Department of Health and Human Services (“HHS”) issued a notice of proposed rulemaking to modify the Standards for Privacy for Individually Identifiable...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

McDermott Will & Schulte

OCR Issues Proposed Rule to Modify HIPAA Privacy Rule to Include Explicit Protections for Reproductive Healthcare

On April 12, 2023, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued a notice of proposed rulemaking detailing its proposal to modify the HIPAA Privacy Rule (Proposed Rule). The...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

Polsinelli on

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...

Goodwin on

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

Snell & Wilmer

Proposed Rules Expand Access to Contraceptive Care as a Preventive Service

Snell & Wilmer on

On January 30, 2023, the Departments of Health and Human Services, Treasury, and Labor (collectively “the Departments”) issued proposed rules entitled “Coverage of Certain Preventive Services under the Affordable Care Act”...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

Morgan Lewis

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

Morgan Lewis on

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

Epstein Becker & Green on

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

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

Harris Beach Murtha PLLC

Federal Government Issues Privacy Guidance on Reproductive Health Care

The ripple effect from the U.S. Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization has prompted the federal Office of Health and Human Services (HHS) to reinforce core principles of privacy compliance. HHS...more

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