A federal court’s ruling to overturn the U.S. Department of Health & Human Services’ (HHS) HIPAA reproductive health privacy protections has left many organizations uncertain over future compliance and patient data obligations. In response, Coppersmith Brockelman attorney and longtime Senior Attorney with the HHS Office of General Counsel Amita Sanghvi authored an article for the Arizona Society for Healthcare Attorneys (AzSHA) breaking down this ruling and its implications for regulated entities.

The court’s decision in Purl v. HHS, N.D. Tex., 2:24-CV-228-Z, vacated the “HIPAA Privacy Rule to Support Reproductive Health Care Privacy,” (the 2024 Rule) that would have expanded restrictions on disclosing protected health information related to reproductive health care. While HHS did not appeal the ruling, a group of proposed intervenors did. Meanwhile, HHS continued to face additional challenges to the 2024 Rule, including lawsuits filed by the State of Missouri, a coalition of 15 states in Tennessee, and the Texas Attorney General.

Since the publication of Amita’s article, the litigation reached a decisive turning point. On Sept. 10, the Fifth Circuit granted the intervenors’ request to voluntarily dismiss their appeal in the Purl case, finalizing the district court’s order vacating the rule. On Sept. 14, the State of Missouri dismissed its own challenge. And intervenors informed the court in the Tennessee, et al. litigation that they are terminating their appeal in that case, even as briefing continues. These developments clear the way for the Northern District Court of Texas’s decision to stay in place, solidifying that the rule will no longer be in force.

Amita is an award-winning advisor on HIPAA compliance, privacy, cybersecurity, and regulatory matters. Formerly a Senior Privacy and Cybersecurity Attorney for HHS, she has helped shape HIPAA regulations and led high-profile investigations. Amita also counsels hospital systems, public health agencies, and health technology companies on compliance and data governance, and she frequently publishes insights on timely issues at the intersection of health law and technology.

Read the full article and learn more about Amita.