Kimberly J. Gold, of Mintz Levin, has written about guidance from the Office for Civil Rights on HIPAA and Same-Sex Marriage. Her article begins as follows:
The U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) released guidance last Wednesday to help covered entities and business associates understand the privacy implications of the 2013 Supreme Court decision in United States v. Windsor (“Windsor”).
The Supreme Court ruled in Windsor that Section 3 of the Defense of Marriage Act (“DOMA”), which provided that federal law would recognize only opposite-sex marriages, was unconstitutional. Since Windsor, HHS has already extended Medicare coverage to same-sex couples.