Data Privacy
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Standards, Regulations & Compliance
Elizabeth Warren Letter Probes Kennedy on His Plans if Confirmed as HHS Secretary
Senate confirmation hearings have not yet been set for President Donald Trump’s controversial pick to lead the U.S. Department of Health and Human Services. But that hasn’t stopped at least one lawmaker from already firing off an extensive list of questions to Robert F. Kennedy Jr., including issues related to the HIPAA Privacy Rule.
See Also: Using the Netskope HIPAA Mapping Guide
In a 34-page letter to Kennedy on Thursday, Senator Elizabeth Warren, D-Mass., shot off 175 questions – ranging from probing his “dangerous” stance on vaccines to whether he’d uphold the Biden administration’s HIPAA Privacy Rule update to safeguard reproductive health information – ahead of his hearing with the Senate finance committee.
Typically, the Senate Finance and Senate Health, Education, Labor and Pensions committees hold hearings for HHS secretary nominees. So far, no date is set for Kennedy’s confirmation hearings. Warren told Kennedy it will be an uphill battle for her support.
“Given your dangerous views on vaccine safety and public health, including your baseless opposition to vaccines and your inconsistent statements in important policy areas like reproductive rights access, I have serious concerns regarding your ability to oversee the department,” Warren wrote.
The letter dived into a long list of Warren’s worries about Kennedy leading HHS, including his “inconsistent views” on reproductive health, asking his position on the Biden administration’s HIPAA Privacy Rule update that went into effect in June 2024.
“In April 2024, HHS’s Office of Civil Rights amended the HIPAA Privacy Rule to prohibit regulated entities from using or disclosing protected health information to identify, investigate or hold someone liable for seeking, obtaining, providing or facilitating reproductive healthcare that was lawfully provided in the relevant circumstances,” she wrote (see: HHS Beefs Up Privacy Protection for Reproductive Health Info).
“In September 2024, Texas sued to challenge this rule,” she said, referring to litigation filed by Texas Attorney General Ken Paxton, asking a federal court to vacate the rule, as well questioning HHS’s statutory authority to finalize the original HIPAA Privacy Rule in 2000 (see: Texas AG Hopes to Upend HIPAA Rules to Investigate Abortions).
“If confirmed as Secretary of HHS, would you ask the Department of Justice to continue to defend this rule in court?” Warren asked Kennedy.
Warren in her letter also asked Kennedy if he would consider appointing Roger Severino, an author of Heritage Foundation’s Project 2025 on health policy, to a HHS leadership position.
Severino, a fervent opponent of abortion who served as director of HHS OCR for four years in the first Trump administration, recommended in the Project 2025 document that HHS OCR rescind its Biden administration HIPAA Privacy Rule guidance involving reproduction health information safeguards. Severino called the guidance “unnecessary,” saying it “contributes to ideologically motivated fearmongering about abortion after Dobbs.”
Representatives for Kennedy did not immediately respond to Information Security Media Group’s requests for comment.
While Kennedy awaits his confirmation hearings, Trump on Monday named Dr. Dorothy Fink – who heads HHS’ Office on Women’s Health – as interim HHS secretary.
Fink is an endocrinologist and career civil servant who was hired during the first Trump administration in 2018 to serve as a deputy assistant secretary for women’s health.
As for HHS OCR, in its final weeks and days of the Biden administration, the HIPAA enforcement agency issued a proposed update to the 20-year-old HIPAA Security Rule as well as more than $3 million in several HIPAA enforcement settlements involving breach investigations and right of access disputes (see: HHS Discloses 3 More HIPAA Fines Totaling More Than $3M).