Overview:
There is a structural gap in HIPAA’s protections being used as a legal pathway for cross-jurisdictional surveillance. In June 2025, a federal district court vacated key provisions of the HIPAA Reproductive Privacy Rule-triggering a legal and political firestorm. This course equips attorneys with the tools to interpret the ruling, understand its partisan dynamics, and guide clients through the resulting uncertainty. We’ll explore the implications of the Major Questions Doctrine, assess HIPAA’s remaining protections, and examine multi-dimensional strategies to shield reproductive health information from hostile subpoenas and enforcement actions. Whether advising clinicians, patients, or institutions, attorneys will leave with actionable insights and a clear understanding of what’s at stake.
Course Objective:
- Analyze the legal reasoning behind the vacatur and its reliance on the Major Questions Doctrine
- Identify HIPAA’s remaining protections and vulnerabilities in the absence of the Reproductive Privacy Rule
- Evaluate the partisan dynamics shaping current litigation and regulatory responses
- Advise clients on protective strategies across documentation, disclosure, jurisdiction, and digital privacy
- Interpret the implications of ongoing litigation and potential regulatory shifts under a new administration
- Apply practical tools to contest subpoenas, assert privilege, and support cross-jurisdictional care
Target Audience:
- Attorneys and other legal professionals as well as clinicians that may need to deal with these issues.
Basic Knowledge:
We will begin with the basics and the legal terms will be defined, so participants will not need knowledge of HIPAA or the controversies addressed.
Curriculum
Total Duration: 1 Hour
One judge erased a national safeguard-can they do that? The vacatur and its fallout
The doctrine that’s quietly reshaping federal health policy: The major questions doctrine
Is HIPAA enough? What’s left when the safeguard disappears? HIPAA without the rule
When privacy becomes partisan: What attorneys must know: Political polarization and legal strategy
How to fight a subpoena-without breaking the law: Protective strategies for attorneys
Legal in one state, criminal in another-who decides? Cross-jurisdictional risk
The most controversial privacy rule you’ve never heard of: Origins and purpose of the reproductive privacy rule
What happens when a subpoena meets a shield law? State-level protections and conflicts
Why documentation could become a liability: Clinical documentation protocols and legal exposure
Disclosure isn’t always mandatory-here’s what clinicians need to know: HIPAA disclosure limits and attorney guidance
Can cities and doctors save federal privacy rules? Legal interventions by local governments and advocacy groups
From billing fraud to fetal personhood-how reproductive care gets criminalized: Enforcement trends and legal pretexts
What attorneys must know about digital footprints and reproductive care: Non-HIPAA data risks and privacy education
Why the fight over reproductive privacy is far from over: Pending litigation and political forecasts