The Department of Health and Human Services (HHS) has issued a Final Rule amending the Health Insurance Portability and Accountability Act of 1996 (HIPAA) to support reproductive health care privacy. Reproductive health care related records are prohibited from being disclosed for certain reasons as defined by the Rule, and some disclosures also require obtaining an attestation from the requestor. As a business associate, Prime Therapeutics (Prime) is required to comply with this Final Rule by Dec. 23, 2024.  

As a result, Prime will require an attestation for all record requests from the following individuals or for the following purposes to validate the PHI is not sought for prohibited purposes: 

• Health oversight activities 

• Judicial and administrative proceedings 

• Law enforcement purposes 

• Disclosures to coroners and medical examiners 

Attestations are not required if a member has provided a signed authorization for records to be released to the individuals or for the purposes identified above. Those requests that require a subpoena, court order, or other process under law, must still meet those requirements in addition to providing a signed attestation.  

Prime has assessed its downstream business associate agreements to confirm compliance with the Final Rule. Prime’s policies and procedures are being updated to include the requirement of attestations for the individuals and purposes identified above.   

Prime remains committed to complying with HIPAA and collaborating with clients to support their members.  

Please contact Prime’s Privacy team if you have further questions regarding this announcement: privacy@primetherapeutics.com.