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New federal guidelines affect release of medical information regarding reproductive health care

15 Dec 2024

Dec. 23 compliance deadline for attestation provision



By: Tim Esau, corporate integrity manager

On April 26, the U.S. Department of Health and Human Service Office for Civil Rights issued a final privacy rule to support reproductive health privacy.

Reproductive health care means health care that affects the health of an individual in all matters relating to the reproductive system and to its functions and processes. The Privacy Rule includes permitted, required and prohibited uses and disclosures of protected health information (PHI). The heart of the amendments is a prohibition on the use or disclosure of PHI (verbal or written) for purposes of investigating or imposing liability on a person for seeking, obtaining, providing or facilitating reproductive health care.

The rule does not allow the sharing of reproductive health information if it is for a prohibited purpose defined as:

  1. To investigate into or impose liability on any person for merely seeking, obtaining, providing or facilitating lawful reproductive health care.
  2. To identify an individual or provider to initiate an investigation against the individual or provider in connection with seeking, obtaining, providing or facilitating lawful reproductive health care.

A signed attestation must be received from the requestor if the covered entity (Salem Health) or business associate reasonably believes specific conditions apply regarding reproductive health care. The list below identifies the entities in which a signed attestation must be received prior to the release of medical records:

  • Health oversight agencies:
    • Oregon Health Authority (OHA)
    • The Joint Commission (TJC)
    • Office of Inspector General (OIG)
    • Department of Justice (DOJ)
    • Oregon Medical Board (OMB), Oregon State Board Nursing (OSBN), Oregon Board of Medical Imaging (OBMI) or other licensing agencies
    • Department of Human Services (DHS)
  • Law enforcement
  • Medical examiners and coroners
  • Judicial and administrative proceedings
  • Any/all subpoenas

Questions? Contact Holly Brown, Health Information Management Operations Manager, at 503-814-2732 or Holly.Brown@salemhealth.org.

Direct all Release of Information (ROI) requests to Health Information Management:

The attestation form is titled “Reproductive Health Attestation – SH, DSC #457273” and can also be found here, scroll down to the “Helpful Links” section.

The compliance date for the attestation provision of the rule is Monday, Dec. 23.