guides
HIPAA Reproductive Privacy Rule Vacated (2025)
The only federal rule protecting reproductive health data was struck down in June 2025. Biden-era orders revoked. Tracker data has no federal protection.
On June 18, 2025, the only federal rule specifically protecting reproductive health data from law enforcement disclosure was struck down. The HIPAA Privacy Rule to Support Reproductive Health Care Privacy lasted fourteen months from finalization to vacatur. No replacement exists. No replacement is expected. The Rule and Its Vacatur HHS finalized the HIPAA Privacy Rule to Support Reproductive Health Care Privacy on April 22, 2024. The rule would have prohibited HIPAA covered entities, hospitals, insurers, healthcare clearinghouses, from disclosing protected health information for the purpose of investigating or prosecuting reproductive healthcare that was lawful in the state where it occurred. The rule required entities receiving requests for reproductive health records to obtain written attestations from the requester confirming that the request was not for prohibited investigative purposes. Fifteen Republican attorneys general challenged the rule. Texas led the lawsuit. On June 18, 2025, Judge Matthew Kacsmaryk of the Northern District of Texas vacated the rule nationwide in Purl v. HHS (No. 2:24 cv 00228 Z). The court held that HHS exceeded its statutory authority under HIPAA and