The National Law Review: Privacy of Health Information After Dobbs: OCR Guidance On Disclosures of PHI and the Privacy of Personal Information On Devices – “On 28 June 2022, in the wake of the U.S. Supreme Court’s ruling in Dobbs vs. Jackson Women’s Health Organization, the U.S. Department of Health and Human Services (HHS) Secretary Xavier Becerra directed the Office for Civil Rights (OCR) within HHS to ensure patient privacy and nondiscrimination for patients seeking reproductive health care, as well as for providers who offer reproductive health care. In response, on 29 June 2022, OCR issued new guidance addressing privacy rights related to reproductive health care under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). OCR’s guidance consists of two posts under a new Special Topic, HIPAA and Reproductive Health. The first guidance reiterates that federal law protects Protected Health Information (PHI) (as defined by HIPAA’s regulations) from unauthorized disclosures, including PHI related to abortion and other sexual and reproductive health care, and outlines the “narrowly tailored” circumstances in which disclosures to law enforcement officials are permitted.  The second post, while posted under guidance for professionals, is written directly for patients and consumers and addresses concerns that health information applications (apps) on smartphones may threaten an individual’s right to privacy by clarifying how medical information on personal cell phones and tablets is or is not protected by federal law, and provides tips for protecting privacy when using these programs. This Alert outlines and further explains OCR’s guidance on both topics…”