News & Analysis as of

Biden Administration Reproductive Healthcare Issues Supreme Court of the United States

Woods Rogers

Federal Court Strikes Down HIPAA Reproductive Health Privacy Rule Lifting Compliance Requirements for Regulated Entities

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In a sweeping decision published in June, a federal court in Texas struck down most of the HIPAA Rule to Support Reproductive Health Care Privacy (Reproductive Health Rule) enacted in 2024 under the Biden administration to...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Medical Treatment and Labor Act (EMTALA) may be changing after the Centers for Medicare & Medicaid Services (CMS) rescinded guidance issued under the Biden...more

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

Robinson & Cole LLP

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

Robinson & Cole LLP on

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

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

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

King & Spalding

HHS Issues Guidance to Pharmacies Regarding Access to Reproductive Health Care

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Following President Biden’s Executive Order on ensuring access to reproductive health care, on July 13, 2022, HHS issued guidance to U.S. retail pharmacies regarding their obligations under federal civil rights laws. This...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

Foley Hoag LLP

Post Dobbs Executive Order Seeks Patchwork Continuity of Reproductive Rights Through Regulatory and Enforcement Changes and FTC...

Foley Hoag LLP on

President Biden issues a new executive order directing the Department of Health and Human Services and the Federal Trade Commission to take steps to safeguard access to reproductive healthcare services, protect patient...more

BakerHostetler

Recent FTC Post Commits to Protecting Sensitive Health Data After White House Issues Related Executive Order

BakerHostetler on

On July 8, 2022, following the Supreme Court’s decision in Dobbs, the president signed an executive order that called on a number of federal agencies to take steps to protect reproductive rights. He specifically asked the...more

Stinson LLP

CMS Says That EMTALA Overrides State Law in Pregnancy Emergencies

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On July 11, 2022, United States Secretary of Health and Human Services, Xavier Becerra, issued a letter to hospitals stating that the Federal Emergency Medical Treatment and Active Labor Act (EMTALA) requires physicians and...more

Proskauer - New Media & Technology

FTC Blog Post Highlights Regulatory Focus on Collection of Location and Health Data

On July 11, 2022, the Federal Trade Commission (FTC) published “Location, health, and other sensitive information: FTC committed to fully enforcing the law against illegal use and sharing of highly sensitive data,” on its...more

Nelson Mullins Riley & Scarborough LLP

HHS Issues Reminder about EMTALA Obligations to Pregnant Women Post-Dobbs

The Secretary of the Department of Health and Human Services (“Secretary”) issued a letter to healthcare providers ("Letter") and associated guidance on July 11, 2022, reminding applicable providers of their EMTALA...more

Verrill

Agencies Heed President’s Call to Take Action to Protect Access to Sexual and Reproductive Health Care Post-Dobbs

Verrill on

Within days of the Supreme Court’s June 24th Dobbs decision, which held that the Constitution does not guarantee the right to an abortion, key government agencies have taken action to protect access to sexual and reproductive...more

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