Appeals Closed: HIPAA Reproductive Health Care Privacy Rule Remains Vacated
This Bulletin is brought to you by AHLA’s Health Information and Technology Practice Group.
- September 25, 2025
- Jennifer Kreick , Haynes and Boone LLP
- Thomas Tanabe , Haynes and Boone LLP
On September 10, 2025, the Fifth Circuit dismissed the appeal of the Purl v. United States Department of Health and Human Services decision. This means that the Purl decision to vacate the 2024 amendments to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule (2024 Privacy Rule) to support reproductive health care privacy remains vacated nationwide. Covered entities and business associates (Regulated Entities) are therefore not required to implement the 2024 Privacy Rule’s reproductive health privacy provisions, including provisions prohibiting certain uses and disclosures of protected health information (PHI) related to reproductive health care and requiring attestations for certain uses and disclosures of PHI. Covered entities still must update their notices of privacy practices by February 16, 2026, with respect to substance use disorder records governed by 42 C.F.R. Part 2 (Part 2), however, as the Purl decision did not vacate this portion of the 2024 Privacy Rule.
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