Adam Greene on New Developments in Health Information Privacy Policy [Podcast]

Compliance Perspectives

By Adam Turteltaub Note: This podcast was recorded on December 17, 2024. Any changes made after this date will be addressed at the Compliance Institute. At the 2025 HCCA Compliance Institute in Las Vegas, Adam Greene, partner at Davis Wright Tremaine LLP will be leading the session “New Developments in Health information Privacy.” In this podcast he provides an overview of what he sees as notable privacy compliance challenges and what compliance teams need to be doing. Starting with the HIPAA Privacy Rule, reproductive information is the top of the list. There was a December 23, 2024 deadline for covered entities and business associates to have implemented a prohibition of using any personal health information (PHI) for the purposes of imposing liability or investigating reproductive health care that is lawful under state or federal law. That information, per the rule, should not even be provided to law enforcement or courts that seek to punish an individual for providing or facilitating that care. Relatedly, there is an attestation requirement in instances of judicial or law enforcement information requests that the requester is not seeking the PHI for this prohibited purpose. That is causing a great deal of confusion and challenge for compliance officers. Adding to the confusion is the possibility that the new Administration may reverse the policy. For now, though, he shares, it’s prudent to follow the rule until such time that changes are made by the government. Listen in to learn more about the complexities of this issue, the Confidentiality of Substance use Disorder Patient Record Rule, his insights on website disclosures of user information, and more. Then plan to join his session at the 2025 HCCA Compliance Institute in Las Vegas, taking place April 28-May 1. Listen now