Notice to Rescind Indian Health Service, Indian Health Manual, Special General Memorandum No. 25-02, "Modification to the Health Insurance Portability and Accountability Act Privacy Rule and Indian Health Manual Part 2, Chapter 7"

Refer to: OIT

This notice rescinds Indian Health Service (IHS) Indian Health Manual (IHM), Special General Memorandum (SGM) No. 25-02, “Modification to the Health Insurance Portability and Accountability Act Privacy Rule and Indian Health Manual Part 2, Chapter 7” dated

January 17, 2025.  SGM No. 25-02 was necessitated by April 2024 modifications to the HIPAA Privacy Rule, specifically 45 CFR § 164.512(f)(1).  The U.S. District Court for the Northern District of Texas vacated these modifications on June 18, 2025.  As such, the revisions set forth in SGM No. 25-02 are rescinded, and the IHS may resume processing law enforcement requests, including state or Tribal court orders or subpoenas, in accordance with IHM 2-7.26. 

Please discard all copies of the SGM No. 25-02, “Modification to the Health Insurance Portability and Accountability Act Privacy Rule and Indian Health Manual Part 2, Chapter 7,” at your earliest convenience. 

Distribution: IHS-wide
Date: 11/4/2025