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On April 26, 2024, the U.S. Department of Health and Human Services (HHS) issued a final rule that strengthens the HIPAA Privacy Rule by prohibiting the disclosure of protected health information (PHI) related to lawful reproductive health care in certain situations. The final rule requires covered entities, including health plans, to update their privacy notices to:
- Describe the new privacy rights for reproductive health care and provide examples of the new disclosure restrictions; and
- Explain that PHI disclosed pursuant to the Privacy Rule may be subject to redisclosure and is no longer protected.
In addition, covered entities that handle certain substance use disorder (SUD) patient records must update their privacy notices to describe new privacy protections for these records.
The deadline for covered entities to update their privacy notices for these changes is Feb. 16, 2026.
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