HIPAA Rule Providing Additional Protections for Reproductive Records Vacated

Posted on Sep 12, 2025 by

The Biden-era HIPAA rule providing additional protections for reproductive health records has been vacated by the courts and is no longer in effect.

On September 10, 2025, the Court of Appeals for the Fifth Circuit affirmed that the HIPAA Privacy Rule to Support Reproductive Health Care Privacy, 89 Fed. Reg. 32976 (the “Rule”), is no longer in force. As a result of that ruling, the Rule, enacted in April of 2024, is no longer applicable, and health care providers are no longer required to secure attestations from law enforcement before disclosing protected health information (PHI) regarding reproductive health care, or to make certain changes to their Notices of Privacy Practices that had been required under the Rule.

Originally, the Rule prohibited covered entities (such as health care providers and health insurers) from disclosing PHI related to a patient’s reproductive health to law enforcement officials without first obtaining an attestation that the PHI would not be used for certain prohibited purposes, such as investigating or prosecuting a person for obtaining or providing reproductive health care. The purpose of the Rule was largely to protect patients obtaining legal abortion care, and their health care providers, from prosecution in other jurisdictions where such care is not legal.

The U.S. District Court for the Northern District of Texas vacated the Rule, citing HHS’s lack of clear, delegated authority to create such specialized protection for one type of PHI, and the Trump administration is not challenging that ruling.

Despite the Rule being vacated, health care providers should keep in mind that any disclosures of PHI must still comply with the HIPAA Privacy Rule as it stood prior to the 2024 Rule, which continues to limit the circumstances under which PHI may be disclosed to law enforcement.

Please contact McCarty Law LLP’s health law attorney, Lora L. Zimmer, with questions.

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Lora L. Zimmer

Health Law and Title IX Attorney at McCarty Law LLP
Lora focuses her practice in corporate and business transactions, with a particular focus on the business and regulatory needs of health care clients. In addition, Lora is a trained Title IX investigator, providing prompt, thorough investigations and objective reporting in response to alleged violations of schools’ sexual misconduct policies.