Claire Marblestone Discusses HHS Final Rule on Protected Health Information Disclosure

Foley & Lardner LLP Claire Marblestone assessed the U.S. Department of Health and Human Services’ (HHS) final rule that bars providers, health plans, and other entities covered by the Health Insurance Portability and Accountability Act from disclosing protected health information in the Healthcare Dive article, “HHS finalizes reproductive health data protections.”

Marblestone noted the rule could face legal challenges, suggesting that a lawsuit might argue the HHS’ Office for Civil Rights (OCR) is exceeding the scope allowed to the agency.

“It does seem to me that [the rule] is based on solid legal footing and is in line with OCR’s position on wanting to protect patient privacy and enhance those privacy protections,” she said. “But because it relates to reproductive health care privacy, and because there’s somewhat little federal action on this, it could be a target for some scrutiny.”