M
odel Attestation for a Requested Use or Disclosure of Protected
Health Information Potentially Related to Reproductive Health Care
When a HIPAA covered entity
1
or business associate
2
receives a request for protected health information (PHI)
3
potentially related to reproductive health care,
4
it must obtain a signed attestation that clearly states the requested use
or disclosure is not for the prohibited purposes described below, where the request is for PHI for any of the following
purposes:
•
Health oversight activities
5
•
Judicial or administrative
6
proceedings
•
Law enforcement
7
•
Regarding decedents, disclosures to
coroners and medical examiners
8
P
rohibited Purposes. Covered entities and their business associates may not use or disclose PHI for the following
purposes:
(1)
To conduct a criminal, civil, or administrative investigation into any person for the mere act of
seeking, obtaining, providing, or facilitating lawful reproductive health care.
(2)
To impose criminal, civil, or administrative liability on any person for the mere act of seeking,
obtaining, providing, or facilitating lawful reproductive health care.
(3)
To identify any person for any purpose described in (1) or (2).
9
T
he prohibition applies when the reproductive health care at issue (1) is lawful under the law of the state in
which such health care is provided under the circumstances in which it is provided, (2) is protected, required, or
authorized by Federal law, including the United States Constitution, under the circumstances in which such
health care is provided, regardless of the state in which it is provided, or (3) is provided by another person and
presumed lawful.
10
Model Instructions
Information for the Person Requesting the PHI
By signing this attestation, you are verifying that you are not requesting PHI for a prohibited purpose
and acknowledging that criminal penalties may apply if untrue.
11
You may not add content that is not required or combine this form with another document except
where another document is needed to support your statement that the requested disclosure is not for a
p
rohibited purpose.
12
For example, if the requested PHI is potentially related to reproductive health care
that was provided by someone other than the covered entity or business associate from whom you are
requesting the PHI, you may submit a document that supplies information that demonstrates a
1
See 45 CFR 160.103 (definition of “Covered entity”).
2
See 45 CFR 160.103 (definition of “Business associate”).
3
See 45 CFR 160.103 (definition of “Protected health information”).
4
See 45 CFR 160.103 (definition of “Reproductive health care”).
5
See 45 CFR 164.512(d).
6
See 45 CFR 164.512(e).
7
See 45 CFR 164.512(f).
8
See 45 CFR 164.512(g)(1).
9
See 45 CFR 164.502(a)(5)(iii)(A).
10
See 45 CFR 164.502(a)(5)(iii)(B), (C). For more information on the presumption and when it applies, see 45 CFR
164.502(a)(5)(iii)(C).
11
See 42 U.S.C. 1320d–6.
12
See 45 CFR 164.509(b)(3) and (c)(iv).