On June 18, 2025 the United States District Court for the Northern District of Texas vacated the 2024 Final Rule that placed additional restrictions on the use and disclosure of protected health information (PHI) relating to reproductive health care. The Court held that 2024 regulation the Department of Health and Human Services (HHS) exceeded its statutory authority when issuing the 2024 Final Rule. Specifically, the Court held that the 2024 Final Rule unlawfully limits state public health laws, proposed definitions of “person” and “public health” that are contrary to statute, and that Congress had not delegated the authority to HHS to create the standards in the 2024 Final Rule.
While PHI related to reproductive health must still be afforded protections under the HIPAA Privacy Rule, the increased restrictions imposed by the 2024 Final Rule will no longer be enforced nationwide. It is unclear whether HHS will appeal the results of the ruling. Employers, as health plan sponsors, who included specific language addressing the requirements of 2024 Rule in their HIPAA policies and other documentation would be well served to review those documents to determine if any language added to their HIPAA documentation should be reviewed as result of this ruling.
Key Takeaways
Employers should review their existing HIPAA documentation for language addressing the requirements of the 2024 Final Rule and determine whether the added language should be removed. Employers may be well served to work with counsel for the appropriate approach.
The information provided is a summary of laws and regulations relating to employee benefit plan compliance. This information should not be construed as legal advice. In all cases, employers should consult with their own legal counsel.
