News & Analysis as of

Supreme Court of the United States Dobbs v. Jackson Women’s Health Organization

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
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Medical Treatment and Labor Act (EMTALA) may be changing after the Centers for Medicare & Medicaid Services (CMS) rescinded guidance issued under the Biden...more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

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

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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

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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

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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

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

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

Health Care Compliance Association (HCCA)

Reproductive healthcare and HIPAA: New compliance obligations cause tension with courts, government agencies

The U.S. Supreme Court’s holding in Dobbs v. Jackson Women’s Health Organization has had a seismic impact on the landscape of U.S. healthcare. Among other effects, it has created new friction between states. With stark...more

Bass, Berry & Sims PLC

New Reproductive Health Care Privacy Final Rule: Key Compliance Steps and Dates

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In the wake of the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization and subsequent state abortion bans, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services issued a...more

Holtzman Vogel Baran Torchinsky & Josefiak

Early Returns Podcast with Jan Baran - Josh Gerstein: SCOTUS, the Presidential Immunity Case Fallout, and the Dobbs Case Leak...

A very unusual and historic week of political and legal events just preceded America’s Independence Day. The Supreme Court of the United States ended its term with pivotal decisions, including a number that affect former...more

Chambliss, Bahner & Stophel, P.C.

OCR Finalizes Post-Dobbs HIPAA Regulatory Changes Impacting Health Care Organizations

On April 22, 2024, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services announced final regulatory updates to the Privacy Rule under the Health Insurance Portability and Accountability Act of...more

Proskauer - Health Care Law Brief

New HIPAA Requirements Place Additional Privacy Obligations on Covered Entities and Patients in an Effort to Protect Reproductive...

On April 22, 2024, the Office for Civil Rights (OCR) for the United States Department of Health and Human Services issued a Final Rule amending the Privacy Rule of the Health Insurance Portability and Accountability Act...more

Akerman LLP - Health Law Rx

What’s it to You? Justice Scalia’s 41-Year-Old Gatekeeping Question on “Standing” Influences Court to Uphold FDA’s Regulation of...

Mifepristone is safe for now. On June 13, 2024, the Supreme Court unanimously held that the plaintiffs — doctors and medical associations alike — lacked standing to challenge 2000 and 2019 FDA approvals of mifepristone (brand...more

Fenwick & West LLP

SCOTUS Unanimously Preserves Access to Abortion Pill

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On Thursday, June 13, the Supreme Court maintained access to the abortion pill, mifepristone. This medication, in conjunction with misoprostol, was used in nearly two-thirds of all U.S. abortion and miscarriage treatments...more

ArentFox Schiff

OCR Finalizes HIPAA Privacy Rule to Support Reproductive Health Care Privacy

ArentFox Schiff on

On April 26, the US Department of Health and Human Services Office for Civil Rights (OCR) published a Final Rule that adds protections under the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule...more

Proskauer - Employee Benefits & Executive...

Final HIPAA Privacy Rule Increases Protection of Reproductive Health Care Data

The Office for Civil Rights (“OCR”) at the Department of Health and Human Services (“HHS”) recently issued final regulations (“Reproductive Health Care Rule”) under the Health Insurance Portability and Accountability Act of...more

Jenner & Block

Client Alert: Key Takeaways from SCOTUS Arguments in Idaho EMTALA Abortion Cases

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The US Supreme Court heard oral arguments on Wednesday in the consolidated cases of Moyle v. United States, Case No. 23-726 and Idaho v. United States, Case No. 23-727. These cases asked the justices to consider whether the...more

McDermott Will & Emery

Gender-Affirming Benefits: Best Practices for Group Health Plans

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Federal legislative and regulatory activity related to employer-sponsored group health plans shows no signs of slowing, particularly with the issuance of interpretive guidance regarding the transparency and surprise-billing...more

ArentFox Schiff

Federal Jury Convicts Six Defendants of Obstructing Access to Reproductive Health Services Facility in Violation of the FACE Act...

ArentFox Schiff on

On January 30, a federal jury found six people guilty of federal civil rights offenses arising from their participation in a blockade of a reproductive health care clinic in Mount Juliet, Tennessee. The jury’s verdict is...more

Foley Hoag LLP

EMTALA Abortion Question Set Up for Supreme Court Review

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As we’ve discussed in previous alerts (here and here), after the Supreme Court’s Dobbs decision, which eliminated the federal constitutional right to abortion and returned the question of abortion regulation to the states,...more

McDermott Will & Emery

California’s New Reproductive Privacy Laws AB 352 and AB 254 Create Complexities For Health Information Sharing

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In the wake of the Supreme Court of the United States’s decision in Dobbs v. Jackson Women’s Health Organization and the adoption of laws outside California that criminalize most abortions as well as gender affirming care,...more

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