Dobbs Triggers Significant Healthcare and Privacy Law Concerns and Confusion

To help guide entities through the significant confusion and changes that will be evolving for the next several years, BakerHostetler has assembled the Dobbs Decision Task Force (DDTF), led by attorneys in five major areas (healthcare/health tech, privacy, labor and employment, employee benefits, and white collar).

Like many others, healthcare entities are facing immediate uncertainty in the wake of the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Org. (available at www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf), as they are now caught between a variety of state and federal laws and guidance that seem to conflict.

Some agencies within the federal government have made public comments since Friday confirming their intent to advocate for continued access to abortion:

Most recently, on June 29, HHS OCR issued two guidance pieces (“HIPAA Privacy Rule and Disclosures of Information Relating to Reproductive Health Care,” available at https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/phi-reproductive-health/index.html, and “Protecting the Privacy and Security of Your Health Information When Using Your Personal Cell Phone or Tablet,” available at https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/cell-phone-hipaa/index.html). The BakerHostetler

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