News & Analysis as of

Dobbs v. Jackson Women’s Health Organization

Proskauer - Proskauer For Good

Proskauer Files Amicus Brief Contributing to Landmark Victory for Reproductive Rights in Wisconsin

On July 2, 2025, in a landmark decision for reproductive rights, the Wisconsin Supreme Court held that a law on the books from 175 years ago “does not ban abortion in the State of Wisconsin,” ending a three-year legal battle...more

Woodruff Sawyer

Enforcement of the HIPAA Reproductive Health Care Privacy Rule Vacated Nationwide

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On June 18, 2025, a federal district court in Texas vacated a significant portion of the HIPAA Privacy Rule to Support Reproductive Health Care Privacy (“Final Rule”), which was implemented on April 24, 2024, on a nationwide...more

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The Centers for Medicare & Medicaid Services (CMS) recently rescinded its July 2022 guidance titled “Reinforcement of EMTALA Obligations specific to Patients who are Pregnant or are Experiencing Pregnancy Loss” (“2022...more

Goodwin

Texas District Court Vacates HIPAA Reproductive Healthcare Rule

Goodwin on

On June 18, 2025, the U.S. District Court for the Northern District of Texas issued an order to vacate a large portion of the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule to Support Reproductive...more

Warner Norcross + Judd

Federal Court Vacates HIPAA Rule on Reproductive Health Care Privacy

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Last year, the federal Office for Civil Rights (OCR) modified the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule to strengthen protections for reproductive health care information (the “2024 Rule”)....more

Foley Hoag LLP

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

Foley Hoag LLP on

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Medical Treatment and Labor Act (EMTALA) may be changing after the Centers for Medicare & Medicaid Services (CMS) rescinded guidance issued under the Biden...more

Holland & Knight LLP

HIPAA's Reproductive Health Rule Is Vacated Nationally

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The U.S. District Court for the Northern District of Texas on June 18, 2025, issued an order vacating the HIPAA Privacy Rule to Support Reproductive Health Care Privacy, published on April 26, 2024, which amended the Health...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

Idaho Federal Judge Warns of Conflicts Between Restrictive Abortion Laws and EMTALA

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In a 60-page decision issued on March 20, 2025, Judge Lynn Winmill, a Federal District Judge for the District of Idaho, granted a preliminary injunction that enjoins Attorney General Raúl Labrador and his officers, employees,...more

Weintraub Tobin

President Signs Executive Order To Study IVF Policy Protections Forecasting Possible Future Federal Safeguards for California IVF...

Weintraub Tobin on

On February 18, 2025, President Donald Trump signed an executive order to study policy recommendations to protect access to in vitro fertilization (IVF) and to reduce their associated costs. While headlines about the order...more

Greenbaum, Rowe, Smith & Davis LLP

Criminalizing Reproductive Care and Abortion Services through Telehealth

The January 30, 2025 issue of the New England Journal of Medicine contains an article entitled “Providing Interstate Telehealth Abortion Services to Patients in Restrictive States.” In the second sentence, the authors write:...more

Shipman & Goodwin LLP

U.S. Supreme Court To Decide Whether Medicaid Recipients Have Right To Choose Provider in Ongoing Court Battle To Restrict Funding...

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The U.S. Supreme Court agreed to hear South Carolina’s challenge to the Fourth Circuit’s decision blocking South Carolina’s Medicaid program from ending its provider agreement with Planned Parenthood. The dispute arises from...more

Foley & Lardner LLP

HIPAA Reproductive Health Care Amendments: Compliance in an Uncertain Enforcement Landscape

Foley & Lardner LLP on

The amendments to the HIPAA Privacy Rule designed to protect reproductive health care information (Amendments) are under legal challenge as the compliance date quickly approaches. As discussed in more detail in our...more

Proskauer - Proskauer For Good

The Reproductive Healthcare Landscape Two Years Post-Dobbs

Just before the 2024 U.S. Election, Proskauer’s Reproductive Rights Steering Committee hosted a panel discussion addressing the current state of reproductive rights two years post-Dobbs....more

Sands Anderson PC

New HIPAA Reproductive Health Rule Requires Compliance by December 23, 2024

Sands Anderson PC on

A new HIPAA rule that goes into effect on December 23, 2024 requires each healthcare provider (and other HIPAA covered entities and business associates) to implement new workflows, policies, and procedures in responding to...more

King & Spalding

End of Year Compliance Updates

King & Spalding on

On June 25, 2024, the Office for Civil Rights and the U.S. Department of Health and Human Services issued the HIPAA Privacy Rule To Support Reproductive Health Care (the “HIPAA Final Rule”) aimed at strengthening privacy...more

Holland & Hart LLP

The New HIPAA Reproductive Health Rule: What You Need to Know

Holland & Hart LLP on

Healthcare providers must comply with the new HIPAA Reproductive Health Rule (the “Rule”) by December 23, 2024. Here is what you need to know and do before then. Overview. In the wake of Dobbs v. Jackson Women’s Health...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Abortion Rights Ballot Measures Pass in Seven States

On November 5, 2024, seven states approved ballot measures to reaffirm the right to abortion, and three states rejected ballot measures to legalize abortion. These ballot results could have a significant impact on employers...more

BakerHostetler

DSIR Deeper Dive: Tracking the Crackdown on Tracking/Pixel Technologies: Web Litigation and Regulatory Landscape - Part 1

BakerHostetler on

Regulatory action and class action lawsuits related to pixels and other website technologies continued to surge in 2023 and 2024, particularly in the healthcare industry....more

Vorys, Sater, Seymour and Pease LLP

Just Say No!  HIPAA and Requests for Reproductive Health Information

On April 22, 2024, the Office of Civil Rights issued a Final Rule titled HIPAA Privacy Rule to Support Reproductive Health Care Privacy (2024 Final Privacy Rule). Originally Published by the American Bar Association....more

Vorys, Sater, Seymour and Pease LLP

Action Required for HIPAA Covered Entities Regarding Reproductive Health Care Compliance

On April 22, 2024, the Department of Health and Human Services (HHS) Office of Civil Rights (OCR) issued a Final Rule titled HIPAA Privacy Rule to Support Reproductive Health Care Privacy (Final Rule)....more

Jackson Lewis P.C.

Health Plan Coverage Mandate for Over-the-Counter Contraception Proposed by Biden Administration

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With just a couple of weeks before election day, the Biden Administration announced on October 21, 2024, that it was issuing proposed rules designed, in part, to require health plans to cover over-the-counter contraception...more

McDermott Will & Schulte

Election 2024: Reproductive Rights in the US

McDermott Will & Schulte on

In regard to reproductive rights, how would a Harris-Walz administration affect clients in your practice? Bottom line: A Harris-Walz administration would seek to restore the protections of Roe v. Wade, thereby providing...more

Epstein Becker & Green

Georgia & North Dakota: More State Judges Question the Constitutionality of Abortion Bans

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State courts continue to debate whether a state’s constitution recognizes a right to “liberty of privacy” or personal autonomy that would encompass the right to make personal health care decisions, including abortion....more

Sheppard Mullin Richter & Hampton LLP

Women’s Health on the Ballot in November: What the Election Could Mean for Reproductive Care and Beyond

Over two years into the post-Dobbs era, women’s health is taking center stage in the presidential election. In Dobbs v. Jackson, the Supreme Court overturned protections relating to abortion established in Roe v. Wade. Since...more

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