Texas has dismissed its challenge to federal reproductive health privacy regulations following a related court decision that already blocked most of the rule.
What happened
According to Bank Info Security, Texas Attorney General Ken Paxton has withdrawn a 2024 lawsuit that sought to block the HIPAA Privacy Rule to Support Reproductive Healthcare Privacy Final Rule and to vacate the original 2000 HIPAA Privacy Rule. The complaint argued that the U.S. Department of Health and Human Services (HHS) exceeded its statutory authority when issuing both rules. On November 24, 2025, the U.S. District Court granted Paxton’s joint stipulation of dismissal without prejudice, formally ending the case.
Going deeper
Texas initially filed the challenge after HHS created a new category of protected health information specific to reproductive care and placed limits on when that information could be disclosed to state authorities. The state argued that the rule interfered with its ability to enforce state laws following the Supreme Court’s 2022 decision in Dobbs v. Jackson Women’s Health Organization. The decision in a separate Texas lawsuit, brought by physician Carmen Purl, significantly altered the posture of Paxton’s case. In that matter, the court vacated most of the reproductive health privacy rule, concluding that HHS had exceeded its authority. With the core provisions already invalidated, the legal basis for continuing Paxton’s challenge diminished.
What was said
Paxton’s filing stated that dismissal without prejudice was appropriate in light of the court’s prior ruling in the Purl case, which had already nullified portions of the reproductive health privacy rule. HHS declined to appeal the earlier decision, and the agency acknowledged that it would continue assessing how best to implement privacy protections under HIPAA. Advocates for patient privacy noted that the HIPAA Privacy Rule still governs core uses and disclosures of health information, including long-standing requirements that limit how providers share identifiable data without patient consent.
The big picture
According to Health Law Diagnosis, the decision to drop the appeal “appears to end the reproductive health care protections under HIPAA that had been promulgated under the Rule.” The publication noted that HHS is still weighing the impact of the Purl ruling and “continues to review the ruling and implications for its HIPAA rulemaking,” but the agency is now expected to issue updated guidance or potentially withdraw the reproductive-health provisions altogether. As the authors put it, they “will continue to monitor HIPAA rulemaking and legislative developments related to the delivery of reproductive health care, privacy, and security,” reflecting the broader uncertainty around how regulators plan to handle these issues going forward.
FAQs
Why did Texas dismiss the lawsuit?
Because a separate ruling in the Purl case had already vacated most of the provisions Texas sought to overturn, removing the need for continued litigation.
What did the reproductive health privacy rule attempt to change?
It created a subclass of protected health information specific to reproductive care and limited when that information could be disclosed to law enforcement or state agencies.
Does the dismissal restore the vacated rule?
No. The earlier ruling vacating most of the rules remains in effect nationwide unless overturned by a higher court.
Can Texas refile the case?
Yes. The dismissal was without prejudice, which means the attorney general could bring the claims again.
What parts of HIPAA remain unaffected?
The core HIPAA Privacy Rule continues to govern the use and disclosure of health information and preserves long-standing patient rights such as access, correction requests, and accounting of disclosures.
Farah Amod
