Insights on Reproductive Health Task Force

On July 1, the Virginia Consumer Protection Act (VCPA), as amended by Senate Bill (SB) 754, will provide additional privacy protections for reproductive and sexual health information. The legislation expands the VCPA to expressly prohibit the unauthorized collection and use of this category of information. Businesses that violate the law may be sued by affected Virginia consumers.

As of December 23, health care providers, health plans, and health care clearinghouses (covered entities) and their business associates (collectively, regulated entities) must comply with new reproductive health care privacy protections under the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule. Enforcement will begin against the backdrop of a pending lawsuit challenging the validity of the new protections and an incoming Trump Administration with an uncertain enforcement posture.

On the final day of its term, the US Supreme Court rejected the principle of “administrative finality,” an additional blow to federal agencies after the Court rejected “Chevron deference” the previous day.

On the second-to-last day of its term, the US Supreme Court issued its decisions in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Dep’t of Commerce.

A recent US Supreme Court decision, which grabbed headlines because it involved an abortion-related drug, with potential repercussions in litigation far-removed from health care due to the decision hinging on “standing,” i.e., when parties have been injured in a manner permitting them to sue.

On April 26, the US Department of Health and Human Services Office for Civil Rights (OCR) published a Final Rule that adds protections under the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule designed to support the privacy of reproductive health care.

On April 15, the Equal Employment Opportunity Commission (EEOC) issued its long-awaited final rule and interpretive guidance implementing the Pregnant Workers Fairness Act (PWFA).

Partner and Reproductive Health Task Force Co-Leader Jill Steinberg was quoted on the Biden Administration’s limited ability to protect access in vitro fertilization (IVF), despite signaling its commitment to supporting legislation.

On January 30, a federal jury found six people guilty of federal civil rights offenses arising from their participation in a blockade of a reproductive health care clinic in Mount Juliet, Tennessee.

With 2024 underway, ArentFox Schiff highlights 10 of the most pressing legal issues facing the health care industry this year.

The US Department of Health and Human Services (HHS) and Federal Trade Commission (FTC) have distinct yet intersecting roles in regulating business practices involving individuals’ health information.

In this installment of our post-Dobbs risk assessment series for hospitals and academic medical centers, we consider the ongoing impact of Dobbs v. Jackson Women’s Health Organization on delivery of clinical services beyond abortion.

In the landmark case of Dobbs v. Jackson Women’s Health Organization, the US Supreme Court overturned its prior rulings in Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey, which had recognized a constitutional right to abortion protected from government interference.

As those in the reproductive health space scramble to keep up with the ever-changing landscape of mifepristone (Mifeprex) access, it seems that every party must have their say.

With the approval of the modified mifepristone Risk Evaluation and Mitigation Strategy (REMS), it has been a momentous few weeks in the reproductive health legal space.

Since the US Supreme Court ruled in Dobbs v. Jackson Women’s Health Organization (Dobbs) in June 2022, the impact of the Court’s decision continues to ripple across the health care delivery system. In this multi-part series, we will examine key components of a risk assessment framework,

Partner Emily Leongini and Associate Shoshana Golden were quoted on the potential impact of the US Supreme Court’s ruling in Dobbs v. Jackson on other aspects of reproductive health care.

Partner Lowell Brown was quoted on hospitals’ and other medical providers’ ability to perform abortions under the federal Emergency Medical Treatment and Active Labor Act (EMTALA) in states with strict abortion restrictions.

Partner Hillary Stemple was quoted by Pink Sheet on how the US Department of Health and Human Services (HHS) and US Food and Drug Administration (FDA) could expand access to medication abortion, in line with President Biden’s July executive order.

In a newly filed lawsuit against the State of Idaho, the federal government argues that Idaho’s “near-total ban on abortion,” scheduled to take effect on August 25, 2022, overreaches by prohibiting abortion even where federal law may require physicians to perform an emergency abortion.

ArentFox Schiff Partners Darrell Gay and Mamta Shah recently partnered with Capalino’s Travis Terry and Jeanne Mullgrav for an important conversation about recent US Supreme Court decisions and strategies businesses should be considering for addressing these crucial issues now and in the future.

Partner Mamta Shah recently spoke with Corporate Counsel about the potential risks faced from law enforcement seeking information by companies that wish to offer travel benefits to employees who obtain abortion services out-of-state.

According to guidance published by the Centers for Medicare and Medicaid Services (CMS) on July 11, 2022, EMTALA, the Emergency Medical Treatment and Labor Act of 1986, requires hospitals to provide abortion services when necessary to stabilize a pregnant patient’s emergency medical condition.

Partner Jill Steinberg spoke with The American Lawyer about ArentFox Schiff’s new Reproductive Health Task Force and the legal challenges that were created when the US Supreme Court overturned Roe v. Wade.

The Federal Trade Commission (FTC) recently announced plans to crack down on the illegal use and sharing of sensitive data in response to the recent Supreme Court decision in Dobbs v. Jackson Women’s Health Organization (Dobbs).