Seigel Quoted in Bloomberg Law About Implications for HHS’ Authority Regarding Health Privacy

Manatt Health Partner  was quoted in Bloomberg Law discussing implications for federal health privacy protections after a Texas judge vacated a previous rule that aimed to protect abortion-related health data from investigations.

Traditionally, the Department of Health and Human Services (HHS) had authority under HIPAA to regulate health privacy. But with this decision, which relied heavily on the major questions doctrine requiring federal agencies to gain approval from Congress to tackle political issues, HHS’ authority could be limited to noncontroversial regulations.

“Any federal agency action that aims to protect a controversial health care service—whether it’s gender-affirming care, abortion, or, in today’s climate, vaccines—could be at risk of being struck down under this doctrine if there isn’t a clear delegation of authority,” said Seigel. “That’s partly because these issues carry significant political weight, and partly because health care is largely regulated at the state level. As a result, federal involvement can be seen as encroaching on areas traditionally governed by the states.”

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