The Biden administration has finalized a new rule that shields the medical records of women who cross state lines to seek an abortion where it is legal. The regulation aims to protect women in states where abortion is illegal from prosecution. Under the updated Health Insurance Portability and Accountability Act of 1996, medical providers and health insurers are prohibited from disclosing patients' medical information, including reproductive health care records.
The new rule prevents state or local officials in states with strict abortion laws from accessing medical records related to reproductive health care for civil, criminal, or administrative investigations in states where abortion is legal. This protection extends to women seeking fertility, contraception, miscarriage care, and abortions. However, the rule does not cover women ordering abortion pills online from states with strict abortion laws.
While the regulation does not require law enforcement to obtain a warrant for medical records, it allows them to seek a subpoena, court order, or administrative request. The rule may face legal challenges from anti-abortion advocates and criticism from abortion-rights advocates for not going far enough in protecting women's privacy.
Health and Human Services Secretary Xavier Becerra acknowledged the limitations of the rule and the potential for legal challenges. He emphasized the importance of protecting Americans' right to access necessary care until a national law reinstates Roe v. Wade. At least 22 Democratic-controlled states have laws or executive orders protecting medical providers and patients participating in abortion from investigations by law enforcement in states with bans.
While it is unclear if public officials have sought medical records of patients around abortion, the new rule provides crucial protection for women seeking reproductive health care across state lines. The regulation represents a significant step in safeguarding women's privacy and access to essential healthcare services.
