HIPAA Attestation Requirements
HIPAA Attestation Requirements
Update 6/18/2025
The ruling in Purl v. United States Department of Health and Human Services changes how attestation letters are used when requesting access to protected health information (PHI), especially in matters involving reproductive health care.
What this means for attestation letters:
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No longer required: The court struck down parts of an HHS rule that previously required HIPAA-covered organizations to get a signed attestation before releasing PHI potentially connected to reproductive health services.
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Removed compliance duties: As a result, healthcare entities regulated by HIPAA are no longer obligated to follow the procedures that involved collecting and verifying these attestation forms.
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Not needed for certain requests: In scenarios where an attestation used to be mandatory—such as oversight investigations, legal proceedings, or law enforcement inquiries—those attestations are now unnecessary.
In short, the Purl decision ends the requirement for attestation letters when accessing certain reproductive health-related information.
Check out our latest blog article for more information related to this ruling – The End of the HIPAA Reproductive Health Attestation Rule
Update 12/23/2024
The industry is buzzing over the new HIPAA Attestation requirements! The requirements relate to the Requested Use or Disclosure of Protected Health Information (PHI) potentially associated with reproductive health care. LCS is working diligently to be ahead of this new requirement to hedge against facility rejections. We have found that most providers will not release records upon request unless the requesting attorney or party signs an Attestation Statement. LCS cannot sign on behalf of the requesting party or represent the person requesting the PHI. Here are a couple of options for signing the attestations and avoiding delays in the record retrieval process:
Option 1:
To streamline this process, LCS offers an e-signature option for the HIPAA Attestation form. By signing this form, firms grant LCS permission to apply the necessary job information (Name on Record, Facility Name, Date) to the form for all your current and future requests. You can access the e-signature form by clicking the link below:
HIPAA Attestation Letter – E-Sign Here
Once signed, we will complete the required details (Name on Record, Facility Name, Date) before submitting the requests to the respective facilities. The signed Attestation Statement will be used for:
- Existing requests that face rejections due to this requirement, and
- Future requests submitted by you.
If you prefer to discontinue using your signed form at any time, you may let us know.
Option 2:
For those who opt not to use the general e-signature form, please note:
- LCS will require a signed Attestation Statement for each request.
- You can provide a signed form when placing your order, or LCS will create one and email it to you for signature after placing the order.
- The completed and signed form must be returned to LCS before we can process your requests with the facilities.
For more information about the federal guidelines, please refer to the following links:
Don’t hesitate to get in touch with your Client Communication Representative if you have any questions or need assistance.
