Tennessee v. U.S. Department of Health and Human Services

Public Rights Project, with Democracy Forward and Debevoise & Plimpton LLP, are representing the cities of Columbus, Ohio, and Madison, Wisconsin, in their motion to intervene as defendants in Tennessee v. U.S. Department of Health and Human Services.

The case relates to federal protections established under the Health Insurance Portability and Accountability Act (HIPAA). The case challenges a 2024 rule strengthening reproductive health care privacy. Reproductive health information is particularly sensitive and jeopardized by recent uncertainty arising from legal changes and differences in laws between and among states.

The cities and Doctors for America contend that eliminating these patient protections would pave the way for government investigations of private health information and threaten the well-being of individuals across the country.

Update:

On June 18, a district court in a related case, Purl, M.D. v. U.S. Department of Health and Human Services, ruled that the U.S. Department of Health and Human Services went too far by expanding HIPAA to shield abortion patients’ records and vacated the 2024 rule.  The Court in this case has yet to reach a decision.

In response, the plaintiffs in Tennessee v. U.S. Department of Health and Human Services informed the court in the Eastern District of Tennessee of the ruling. They are asking the court to move forward with their case and temporarily reinstate enhanced federal protections for patient records while the case proceeds.

Read the motion.