2024 HIPAA Reproductive Health Care Rule Vacated

On June 18, 2025, the U.S. District Court for the Northern District of Texas issued an order vacating the vast majority of the HIPAA Reproductive Health Care Privacy Rule, which was introduced on April 26, 2024 under the Biden Administration and was applicable as of December 23, 2024. The Biden Administration rule was implemented in an effort to strengthen privacy protections as it related to protected health information (PHI), specifically in the area of “reproductive health care."

In addition to adding/clarifying certain definitions, the 2024 rule restricted HIPAA covered entities and business associates from disclosing reproductive health information for purposes such as conducting a criminal, civil, or administrative investigation; imposing criminal, civil, or administrative liability on a person for seeking, obtaining, providing, or facilitating reproductive health care; or identifying any person for the purpose of conducting such an investigation or imposing such a liability. 

While the full scope and intent of the Biden-era rule amending HIPAA was ultimately short-lived, the recent decision out of Texas (Purl v. U.S. Department of Health and Human Services) did leave a small portion of the 2024 amendment intact. The 2024 Privacy Rule included a requirement for covered entities to make edits to their HIPAA Notice of Privacy Practices (NPPs) to not only address the use and disclosure of PHI related to reproductive health care but also as to the confidentiality of substance use disorder patient records. Although the first part of what the 2024 amendment sought to target has now been disregarded, compliance with the latter piece surrounding the substance use disorder regulations is still required by February 16, 2026.

As HIPAA-regulated entities were previously required to comply with the Biden Administration’s rule, any changes that were made to existing HIPAA policies, procedures, business associate agreements, training materials, etc. in an effort to comply may now be reverted back to the pre-2024 guidance. While a minor change to the HIPAA Notice of Privacy Practices is still on the horizon, it would be most prudent for employers and plan sponsors to hold off on making any further edits to their materials until HHS releases its model notice. 

We will of course continue to monitor the situation as it develops and will provide an update if anything changes. However, we do not expect the Trump Administration to appeal the Purl decision, nor do we anticipate any further enforcement from HHS of the 2024 rule. HHS noted that next steps will be evaluated following a “thorough review of the court’s decision.”