Important HIPAA Updates

Woods Fuller is keeping a close eye on two major developments in health care law: a legal challenge to a key reproductive health privacy rule and proposed updates to the HIPAA Security Rule that could reshape cybersecurity compliance for covered entities.

Reproductive Health Information: Fifteen states, including South Dakota, have challenged the legality of the HIPAA Privacy Rule to Support Reproductive Health Care Privacy (Final Rule) by filing a lawsuit against the Department of Health and Human Services. Many predict this Final Rule will be struck down—especially in the era of the new Trump administration.

Cybersecurity: On January 6, 2025, the OCR published the long-awaited proposed rule for changes to the HIPAA Security Rule that focuses on cybersecurity and electronic PHI. The OCR closed the comment period on March 7, 2025, and HHS will now review the comments by stakeholders and decide whether to issue a final rule implementing the changes. If adopted, the new rule will have a significant impact on covered entities, both operationally and financially in the cybersecurity world.

The Health Law team at Woods Fuller will continue to monitor. As always, if you have questions, please reach out to one of our team members.

Written by Courtney S. Chapman, Associate