We’ve received a lot of questions and some understandable confusion about recent discussions around HIPAA and reproductive health privacy. Thank you for trusting us as your provider for attorney approved private practice paperwork. We want to help clarify what actually applies for mental health professionals in private practice.

REPRODUCTIVE HEALTH UPDATES

After extensive research and consultation with our attorney here is what has occurred. In 2024, there was a proposed HIPAA rule related to reproductive health information. That rule was later struck down in 2025 and is no longer in effect. This means there are no new HIPAA requirements regarding pregnancy, abortion, miscarriage, fertility, or sexual health.  

BUT.... and an important BUT... there are some states that have STRICTER guidelines on this, so it is important that you check with your state specific laws and rules around this and consult with a healthcare law attorney in your area. Remember the paperwork is customizable so you can edit as needed.

If you practice in multiple states or see clients across state lines, please be sure you are familiar with the laws in each applicable state and update your paperwork accordingly.

Reproductive health information has always been protected under HIPAA as Protected Health Information (PHI). Clients do not lose their HIPAA privacy rights because of abortion or reproductive health laws.

The attestation form that was previously discussed is no longer required since that rule was vacated.

At this time, HIPAA remains unchanged in regards to reproductive health, but as a reminder you need to check your specific state laws since they may be different from the national standard. 

PAPERWORK UPDATES REGARDING REPRODUCTIVE HEALTH

After speaking with our healthcare law attorney, we have made additional updates to the "Therapy Consent, Policies, and Agreements" and the "Release of Information" documents. If you have previously purchased those from us, please be on the lookout for a separate email with the documents and explanations about the updates.

SUBSTANCE USE DISORDER UPDATES

There are required updates for HIPAA regarding SUD. We are working with our attorney to finalize those and will send it out as soon as possible. We appreciate your patience as we work diligently to finalize this with our healthcare law attorney.

As always, we’re here to support you and keep you informed with accurate, up-to-date guidance.