Department of Health & Human Services, through the Office for Civil Rights (OCR) in coordination with the Substance Abuse and Mental Health Services Administration (SAMHSA), issued a Notice of Proposed Rulemaking to revise the Confidentiality of Substance Use Disorder Patient Records regulations. The regulations at 42 CFR part 2 (“Part 2”) protect the confidentiality of substance use disorder (SUD) treatment records. This proposed rule is a result of that directive: Following the Supreme Court decision, President Biden signed Executive Order 14076, directing HHS to consider ways to strengthen the protection of sensitive information related to reproductive health care services and bolster patient-provider confidentiality. Protecting patient health information and privacy has taken on critical importance, and in the wake of unprecedented attacks against women’s reproductive rights. Today’s announcement coincides with the convening of President Biden’s Task Force on Reproductive Health Care, aimed at protecting reproductive rights, including access to abortion care, following the Supreme Court’s decision overturning Roe v. ![]() ![]() HHS has heard from patients, providers, and organizations representing thousands of individuals that this change was needed to protect patient-provider confidentiality and prevent private medical records from being used against them merely for seeking, obtaining, providing, or facilitating lawful reproductive health care. On April 12, 2023, OCR issued a Notice of Proposed Rulemaking (NPRM) to strengthen the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule protections by prohibiting the use or disclosure of protected health information (PHI) to identify, investigate, prosecute, or sue patients, providers and others involved in the provision of legal reproductive health care, including abortion. HIPAA Privacy Rule and Reproductive Health Care
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