New HIPAA Privacy Rule

The Lexitas Record Retrieval Team makes it a priority to stay up to date on federal, state and local regulations regarding the retrieval of medically related records.

The United States Department of Health and Human Services (HHS), Office for Civil Rights’ (OCR) Rule 45 CFR Parts 160 and 164; HIPAA Privacy Rule To Support Reproductive Health Care Privacy went into effect December 23, 2024. Health and Human Services has updated the privacy rule, which governs the protection and release of medical records, in response to President Biden’s Executive Order 14076.

The updated rule establishes that the use or disclosure of PHI by a HIPAA covered entity (i.e., healthcare provider, health plan, healthcare clearinghouse) or their business associates (BAs) is prohibited for any of the following reasons:

• Investigations. Criminal, civil, or administrative investigations into any person for the mere act of seeking, obtaining, providing, or facilitating reproductive healthcare.
• Imposing Liability. Imposing criminal, civil, or administrative liability on any person for the mere act of seeking, obtaining, providing, or facilitating reproductive healthcare.
• Identification. Identifying any person for any purpose described above.

Lexitas’ Record Retrieval Team is well-informed about this new update and will provide your office with an Attestation Form to complete when required by the facility. This rule only impacts requests issued by Subpoena, however, we are seeing rejections from custodians for requests by authorizations as well. If you have any questions regarding this new Rule or how to request records in light of this Rule update, please contact your Account Manager.