The guidance, published March 2, came after Texas Gov. Greg Abbott called for state officials to investigate transition care, or care that includes puberty blockers or prescribed hormones for sexual development that matches patients’ identified gender, for minors as child abuse.
The HHS guidance assured providers of the following:
- HIPAA prohibits disclosure of gender-affirming care that is PHI without an individual’s consent, except in limited circumstances.
- Disclosures of protected health information that do not meet the required by law definition or exceed what is required by such law do not qualify as permissible disclosures.
- HIPAA limits the circumstances under which healthcare providers and other entities may disclose protected health information, such as gender-affirming physical or mental healthcare administered by a licensed provider.
- Providers who may be concerned about their obligations to disclose information concerning gender-affirming care should seek additional legal guidance regarding their legal responsibilities and other laws.
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