Workforce Bulletin

In a June 2025 decision in Purl v. United States Department of Health and Human Services, the United States District Court for the Northern District of Texas vacated the 2024 HIPAA reproductive health rule (the “Rule”), which the US Department of Health and Human Services (HHS) issued to limit how reproductive health care information could be disclosed by HIPAA regulated entities (e.g., Covered Entities and business associates), as we wrote about here and here. Now, HHS has let the August 18, 2025 appeal deadline pass without challenging the Purl decision.

HHS’s decision not to appeal Purl, however, does not relieve HIPAA regulated entities from their obligations to protect reproductive health care information. HIPAA regulated entities must still ensure that their existing HIPAA policies and procedures adequately protect PHI, including reproductive health care information, even though the protections that were in the Rule are now defunct. 

Don’t finalize your 2025 handbooks just yet! On January 2, 2025, the United States Court of Appeals for the Second Circuit vacated a permanent injunction, which had blocked a requirement that New York employers with employee handbooks include a notice against discrimination based on reproductive health care choices. As a result, handbooks covering New York employees must again include such notices.

The notice requirement originates from a series of legislation intended to protect reproductive health rights enacted on November 8, 2019. As we previously reported, one of the bills (A584/S660) added Section 203-e to the New York labor law, which prohibits employers from discriminating against employees based on an employee’s or their dependents’ sexual and reproductive health choices, including their choice to use or access a particular drug, device, or medical service. The law also prohibits employers from accessing such information without prior consent, and directed New York employers with employee handbooks to include a notice of employee rights and remedies. Although the law took effect immediately upon passage, a second bill (S4413) delayed the effective date of the notice requirement until January 2020.