News & Analysis as of

Abortion Women's Rights

Vorys, Sater, Seymour and Pease LLP

Just Say No!  HIPAA and Requests for Reproductive Health Information

On April 22, 2024, the Office of Civil Rights issued a Final Rule titled HIPAA Privacy Rule to Support Reproductive Health Care Privacy (2024 Final Privacy Rule). Originally Published by the American Bar Association....more

Seyfarth Shaw LLP

Reproductive Health Care: A Future in Flux with the Next Administration

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Access to reproductive health care has been a part of the national debate for years, and even more so since 2022 when the US Supreme Court issued its ruling in Dobbs overturning decades of precedent established under Roe v....more

Epstein Becker & Green

Georgia & North Dakota: More State Judges Question the Constitutionality of Abortion Bans

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State courts continue to debate whether a state’s constitution recognizes a right to “liberty of privacy” or personal autonomy that would encompass the right to make personal health care decisions, including abortion....more

Holtzman Vogel Baran Torchinsky & Josefiak

Early Returns Podcast with Jan Baran - Josh Gerstein: SCOTUS, the Presidential Immunity Case Fallout, and the Dobbs Case Leak...

A very unusual and historic week of political and legal events just preceded America’s Independence Day. The Supreme Court of the United States ended its term with pivotal decisions, including a number that affect former...more

Akerman LLP - Health Law Rx

What’s it to You? Justice Scalia’s 41-Year-Old Gatekeeping Question on “Standing” Influences Court to Uphold FDA’s Regulation of...

Mifepristone is safe for now. On June 13, 2024, the Supreme Court unanimously held that the plaintiffs — doctors and medical associations alike — lacked standing to challenge 2000 and 2019 FDA approvals of mifepristone (brand...more

Epstein Becker & Green

Texas Supreme Court Declines Opportunity to Hear Personhood Case

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On Friday, June 14, the Texas Supreme Court declined to consider a case that asked the Court to determine whether frozen embryos are persons or property under Texas law....more

Robinson+Cole Health Law Diagnosis

MA and CT Pave the Way for Emergency Contraception Vending Machines

State Law Permitting Dispensation of Emergency Contraception by Vending Machines - Legislation passed in 2022 in Massachusetts and in 2023 in Connecticut removes barriers for college students trying to obtain emergency...more

BakerHostetler

It’s Not Just About Dobbs: HHS Issues Final Rule on Reproductive Health

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On April 26, 2024, the U.S. Department of Health and Human Services (HHS) published its long-awaited Final Rule regarding reproductive health privacy. Although it is tempting to benchmark the Final Rule against the Dobbs...more

Manatt, Phelps & Phillips, LLP

State Supreme Court Decisions Severely Restrict Access to Abortion in Arizona and Florida

In the aftermath of the Supreme Court’s decision to overturn the federal constitutional right to abortion in Dobbs v. Jackson Women’s Health Organization, individual states continue to decide the legality of abortion on a...more

Manatt, Phelps & Phillips, LLP

FY 2025 Executive Budget Women’s Health Highlights

Earlier this week, Governor Kathy Hochul released her Executive Budget proposal totaling $233 billion for State Fiscal Year 2025. The budget proposes several initiatives targeted at improving access to, quality of, and...more

Manatt, Phelps & Phillips, LLP

Abortion Access and Coverage Survey Results: Key Findings

Editor’s Note: Manatt Health conducted a survey of all 34 states in which abortion is legal as of November 7, 2023, broadly classifying them based on their Medicaid coverage policies, private or exchange-based insurance...more

Manatt, Phelps & Phillips, LLP

Supreme Court Will Hear Medication Abortion Case; Three States Ask to Intervene in District Court

The Big Picture - On December 13, 2023, the Supreme Court announced its intention to review the August 16 ruling by the Fifth Circuit in Alliance for Hippocratic Medicine (AHM) v. U.S. Food and Drug Administration, et al....more

Epstein Becker & Green

Abortion Rights to Be Codified in Ohio State Constitution

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On November 7, 2023, the citizens of the state of Ohio voted to codify reproductive rights, including the right to abortion, in the state constitution. In 2019, Ohio banned nearly all abortions once fetal cardiac...more

Manatt, Phelps & Phillips, LLP

California Enacts Laws to Further Protect Reproductive Health Data

Last week, California Governor Gavin Newsom signed a package of legislation intended to strengthen the state’s shield laws, which provide protections to patients receiving and providers rendering reproductive health services,...more

Manatt, Phelps & Phillips, LLP

State Abortion Shield Laws: Key Findings and Infographic

Since the Supreme Court overturned Roe v. Wade and states became responsible for abortion protections, a patchwork of laws has been passed across the United States. Some states have strengthened their protections to promote...more

Proskauer Rose LLP

The Shifting Conversation Around Investment in Women’s Health Care

Proskauer Rose LLP on

A conversation with Kindbody’s Dr. Fahimeh Sasan and Proskauer partner Whitney Phelps on how more dialogue can increase opportunities in the sector. There has been a massive shift in the conversation around women’s health,...more

Manatt, Phelps & Phillips, LLP

5th Circuit Rejects FDA Actions Expanding Access to Medication Abortion; Supreme Court Review Likely

On Wednesday, August 16, the Fifth Circuit Court of Appeals issued a ruling upholding parts of a Texas district court’s decision that would, if it becomes effective, severely limit access to mifepristone, one of two pills...more

Epstein Becker & Green

FTC Highlights Risks to Data in a Post-Dobbs World

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The 21st Century digital age has provided women with numerous sexual and reproductive health tools that track periods, ovulation, and pregnancy. By simply plugging certain health data inputs into these apps, women can now...more

Epstein Becker & Green

Second Circuit Permits Challenge to New York Reproductive Decision-Making Law

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The U.S. Court of Appeals for the Second Circuit issued a decision in Slattery v. Hochul, reversing the dismissal of a First Amendment challenge to New York Labor Law §203-e (also referred to as the “Boss Bill”). The Boss...more

Epstein Becker & Green

New York Law Prohibiting Discrimination Based on Reproductive Decision-Making Faces Scrutiny in the Second Circuit

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The U.S. Court of Appeals for the Second Circuit issued a decision in Slattery v. Hochul, reversing the dismissal of a First Amendment challenge to New York Labor Law §203-e (also referred to as the “Boss Bill”). The Boss...more

Epstein Becker & Green

HHS Proposes Amendments to HIPAA that Protect Reproductive Health Care Information in Wake of Dobbs

Epstein Becker & Green on

Introduction - Following the Supreme Court decision in Dobbs v. Jackson Women’s Health Organization overturning Roe v. Wade, the federal government, pursuant to President Biden’s Executive Order (the EO) took several steps...more

Burr & Forman

Potential HIPAA Changes Related to Reproductive Health on the Horizon

Burr & Forman on

On April 12, 2023, the Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced proposed changes to HIPAA’s Privacy Rule with regard to reproductive health information. The proposed changes are set out in a...more

Nelson Mullins Riley & Scarborough LLP

South Carolina Fetal Heartbeat and Protection from Abortion Act Passed and Immediate Legal Challenges Followed

On May 25, 2023, Governor McMaster signed Senate Bill 474, effectuating the General Assembly’s second attempt at the Fetal Heartbeat and Protection from Abortion Act (the “Act”), which generally prohibits abortion at any...more

Akerman LLP - Health Law Rx

OCR’s Proposed Rule Finds Fertile Ground for Enhanced Reproductive Privacy Protection

The Department of Health and Human Services Office for Civil Rights (OCR) issued a proposed rule on April 17, 2023, to amend provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) to strengthen...more

Burr & Forman

Hot Topics in Health Care May 2023

Burr & Forman on

Proposed Protections for Patient Data Related to Reproductive Care - On April 12, 2023, the Office for Civil Rights (OCR) at the U.S. Department of Health & Human Services (HHS) proposed a new rule to strengthen HIPAA...more

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