August 2025
Natashia Wright, Associate Director, Benefits Compliance
On June 18, 2025, the U.S. District Court for the Northern District of Texas vacated almost all of the 2024 HIPAA Rule to Support Reproductive Health Care Privacy. The Rule created special protections related to uses and disclosures of reproductive health care information, finding that the U.S. Department of Health and Human Services (“HHS”) exceeded its statutory authority in the development and publication of the Final Rule. The decision vacates the Reproductive Health Final Rule nationwide, and was made effective immediately.
However, the ruling left intact other elements of the Final Rule, including amendments related to certain notice of privacy practices updates, as related to substance use disorder rule making.
Employer Action Items
- Review HIPAA Notice of Privacy Practices to determine whether an update is necessary: The 2024 Rule required covered entities to revise notices of privacy practices as of February 16, 2026, to address both (1) substance use disorder related requirements from the Final Rule, as well as (2) modifications to reproductive health related PHI uses and disclosures, also as detailed within the provisions of the Reproductive Health Final Rule. Covered entities that have already made updates will need to amend their Notice of Privacy Practices (“NPP”) once more, as the NPP requirements related to reproductive privacy are no longer in affect. HHS is expected to release a revised NPP model template prior to the compliance deadline articulated in the Final Rule.
- Review HIPAA policies and procedures, as well as related employer activities & operations to assess whether such components and activities are compliant with the requirements of the Final Rule, respecting the District Court’s June 2025 holding: Covered entities are no longer required to comply with the attestation process and updated policy requirements, staff training, and business associate agreements that were specifically related to reproductive health information under the vacated rule.
- Monitor state privacy laws: Covered entities should monitor and comply with jurisdictional state laws that may provide specific privacy protections for reproductive health information, as several states have enacted their own reproductive information related use and disclosure protections.
Summary
A Texas federal court has issued a Final Order vacating, on a nationwide basis, many provisions of the 2024 HIPAA Reproductive Healthcare Final Rule (“Final Rule”). As of the date of this writing, many of the Final Rule’s requirements are no longer in effect across the United States.
The Final Rule was published in April 2024. Its purpose was to amend the HIPAA Privacy Rule in response to the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, which led to the imposition of abortion bans and restrictions on reproductive freedom in many states. The Final Rule prohibited HIPAA covered entities and business associates from disclosing reproductive healthcare information for the purpose of investigations and prosecution for legally providing reproductive healthcare services.
HHS is reviewing the Court’s decision and has not yet announced its next steps. Although an appeal is possible, appellate activities are considered highly unlikely considering the historical and current policies of the current and prior Trump Administrations.
Additional Information and Resources
For more information
We’re ready when you are. Get in touch and a friendly, knowledgeable Baldwin advisor is prepared to discuss your business or individual needs, ask a few questions to get the full picture, and make a plan to follow up.
This document is intended for general information purposes only and should not be construed as advice or opinions on any specific facts or circumstances. The content of this document is made available on an “as is” basis, without warranty of any kind. The Baldwin Insurance Group Holdings, LLC (“The Baldwin Group”), its affiliates, and subsidiaries do not guarantee that this information is, or can be relied on for, compliance with any law or regulation, assurance against preventable losses, or freedom from legal liability. This publication is not intended to be legal, underwriting, or any other type of professional advice. The Baldwin Group does not guarantee any particular outcome and makes no commitment to update any information herein or remove any items that are no longer accurate or complete. Furthermore, The Baldwin Group does not assume any liability to any person or organization for loss or damage caused by or resulting from any reliance placed on that content. Persons requiring advice should always consult an independent adviser.
The Baldwin Group offers insurance services through one or more of its insurance licensed entities. Each of the entities may be known by one or more of the logos displayed; all insurance commerce is only conducted through The Baldwin Group insurance licensed entities. This material is not an offer to sell insurance.
