Federal Court Nullifies HHS Rule Granting Extra Protections to Reproductive Health Information – Ogletree

Report on U.S. District Court Ruling Affecting Reproductive Health Information Privacy and Its Implications for Sustainable Development Goals

Executive Summary

• The U.S. District Court for the Northern District of Texas invalidated a 2024 Department of Health and Human Services (HHS) rule that imposed additional restrictions on the disclosure of reproductive health information in criminal and civil investigations.
• The court upheld that health plans and healthcare providers may disclose reproductive health information to comply with state-mandated reporting requirements.
• Part of the 2024 regulations concerning notice of privacy practices for Part 2 substance abuse disorder protections remains intact.

Background and Legal Context

On June 18, 2025, the U.S. District Court for the Northern District of Texas struck down the 2024 HHS rule designed to enhance privacy protections for personally identifiable reproductive health information nationwide. This rule was an amendment to the federal Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule aimed at limiting disclosures of reproductive health data during criminal or civil investigations.

The court case, Purl v. U.S. Department of Health and Human Services, concluded that the HHS rule unlawfully restricted state public health laws by redefining key terms such as “person” and “public health,” exceeding statutory authority. The court emphasized that federal regulations cannot preempt state laws with more stringent health information protections, consistent with HIPAA provisions that preserve state authority for public health reporting.

Key Legal Findings

1. The HHS rule was found “contrary to law” for unlawfully limiting state public health mandates.
2. Federal law under HIPAA does not invalidate or limit state authority for reporting disease, injury, child abuse, birth, death, or public health surveillance and intervention.
3. The court upheld the requirement for HIPAA-regulated entities to provide notice of privacy practices related to Part 2 substance use disorder protections.

Details of the 2024 HHS Rule

The HIPAA Privacy Rule to Support Reproductive Health Care Privacy, effective June 25, 2024, was a response to the 2022 Supreme Court decision in Dobbs v. Jackson Women’s Health Organization, which allowed states to ban abortions. The rule sought to protect reproductive health information including abortion, contraception, pregnancy-related care, miscarriage management, and infertility treatment, provided the care was lawful where and when it was delivered.

Restrictions Imposed by the Rule

• Prohibited disclosure of reproductive health information for criminal, civil, or administrative investigations.
• Prevented imposing liability on individuals seeking or providing reproductive healthcare.
• Restricted identification of persons for the purpose of investigations or liability related to reproductive health care.

Challenges and Court Decision

At least sixteen states challenged the rule, arguing it exceeded HHS authority and unlawfully restricted state-mandated reporting obligations, especially concerning child abuse reporting. The Texas healthcare clinic owner’s lawsuit highlighted the conflict between federal restrictions and state child abuse reporting laws.

The court’s decision vacated most of the 2024 rule’s provisions but maintained the Part 2 substance use disorder privacy requirements. HHS has announced it will review the ruling and determine subsequent actions.

Implications for Sustainable Development Goals (SDGs)

This legal development has significant implications for several SDGs, including:

• SDG 3: Good Health and Well-being – Ensuring access to reproductive healthcare and protecting patient privacy supports health equity and well-being for all individuals.
• SDG 5: Gender Equality – Protecting reproductive health information is critical to empowering women and promoting gender equality by safeguarding their rights to confidential healthcare.
• SDG 16: Peace, Justice, and Strong Institutions – The ruling underscores the importance of balancing individual privacy rights with state authority and legal frameworks, reinforcing the rule of law and transparent governance.
• SDG 17: Partnerships for the Goals – Coordination between federal and state entities is essential to harmonize health information privacy and public health reporting obligations.

Next Steps for Healthcare Entities

1. Review and update policies regarding disclosure of reproductive health information to ensure compliance with the court ruling.
2. Recognize that disclosures to comply with state reporting mandates, including child abuse reporting, are permissible and will not result in liability.
3. Amend notices of privacy practices to comply with Part 2 substance use disorder information requirements by February 16, 2026.
4. Monitor ongoing developments and guidance from HHS regarding reproductive health information privacy.

Conclusion

The recent court decision marks a pivotal moment in the intersection of reproductive health privacy, state public health mandates, and federal regulatory authority. It highlights the need to uphold Sustainable Development Goals related to health, gender equality, justice, and institutional integrity while navigating complex legal landscapes. Healthcare providers and regulated entities must adapt their practices accordingly to maintain compliance and support these global objectives.

Further Information and Resources

• 2024 HHS HIPAA Privacy Rule Document
• HHS Reproductive Health Privacy Information
• Cybersecurity and Privacy Blog
• Healthcare Blog
• Employee Benefits and Executive Compensation Blog

Report prepared by Jeremy W. Hays, Stephen A. Riga, and Leah J. Shepherd of Ogletree Deakins.

1. Sustainable Development Goals (SDGs) Addressed or Connected

1. SDG 3: Good Health and Well-being
   • The article discusses reproductive health care privacy, access to reproductive health services, and protections related to substance use disorder information, all of which relate to ensuring healthy lives and promoting well-being.
2. SDG 16: Peace, Justice, and Strong Institutions
   • The article involves legal rulings, privacy laws, and the balance between federal and state authorities, which connect to promoting just, peaceful, and inclusive societies and ensuring access to justice.
3. SDG 5: Gender Equality
   • Protection of reproductive health information and access to reproductive health services, including abortion and contraception, are critical to achieving gender equality and empowering all women and girls.

2. Specific Targets Under Those SDGs Identified

1. SDG 3: Good Health and Well-being
   • Target 3.7: Ensure universal access to sexual and reproductive health-care services, including family planning, information and education, and the integration of reproductive health into national strategies and programs.
   • Target 3.5: Strengthen the prevention and treatment of substance abuse, including narcotic drug abuse and harmful use of alcohol.
2. SDG 16: Peace, Justice, and Strong Institutions
   • Target 16.6: Develop effective, accountable, and transparent institutions at all levels.
   • Target 16.10: Ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements.
3. SDG 5: Gender Equality
   • Target 5.6: Ensure universal access to sexual and reproductive health and reproductive rights as agreed in accordance with the Programme of Action of the International Conference on Population and Development and the Beijing Platform for Action.

3. Indicators Mentioned or Implied to Measure Progress

1. For SDG 3 Targets:
   • Indicator 3.7.1: Proportion of women of reproductive age (aged 15-49 years) who have their need for family planning satisfied with modern methods.
   • Indicator 3.5.1: Coverage of treatment interventions (pharmacological, psychosocial and rehabilitation and aftercare services) for substance use disorders.
2. For SDG 16 Targets:
   • Indicator 16.6.2: Proportion of the population satisfied with their last experience of public services.
   • Indicator 16.10.2: Number of verified cases of killing, kidnapping, enforced disappearance, arbitrary detention and torture of journalists, associated media personnel, trade unionists and human rights advocates.
   • Implied indicator: Compliance rates of healthcare entities with privacy regulations and reporting mandates.
3. For SDG 5 Targets:
   • Indicator 5.6.1: Proportion of women aged 15-49 years who make their own informed decisions regarding sexual relations, contraceptive use and reproductive health care.
   • Indicator related to protection of reproductive health information and access to reproductive health services, implied through legal and policy frameworks.

4. Table of SDGs, Targets, and Indicators

Source: ogletree.com