Recently, Texas filed a lawsuit against the Biden administration in an attempt to block a federal rule that protects the medical records of women who cross state lines to seek abortions where it is legal. The lawsuit, led by Republican state Attorney General Ken Paxton, challenges a regulation finalized in April by the U.S. Department of Health and Human Services. The rule prevents state or local officials from accessing medical records related to reproductive health care for investigative purposes in states where abortion is legal, aiming to safeguard women in states where abortion is prohibited.
Following the U.S. Supreme Court's 2022 decision overturning Roe v. Wade, Texas implemented an abortion ban that exempts women seeking abortions from criminal charges. The ban allows enforcement through private civil actions or criminal statutes, with penalties of up to life imprisonment for those assisting in obtaining an abortion.
The federal regulation in question is an update to the Health Insurance Portability and Accountability Act of 1996, which generally prohibits the disclosure of patients' medical information by medical providers and health insurers. However, law enforcement typically has access to these records for investigations.
While it remains unclear if public officials have requested patient medical records related to abortion, Texas previously sought records related to gender-affirming care from out-of-state health centers. Many Republican-led states, including Texas, have laws banning gender-affirming care for minors.
At least 22 Democratic-controlled states have enacted laws or executive orders to shield medical providers and patients involved in abortion from investigations by law enforcement in states with abortion bans. A group of Republican attorneys general from states with strict abortion laws had urged Health and Human Services to abandon the rule, arguing that it infringes on states' enforcement authority.
In response to the lawsuit, HHS declined to comment but emphasized that the rule is designed to protect reproductive health privacy and prevent the misuse of women's medical records. The Biden administration reaffirmed its commitment to ensuring that lawful reproductive care does not result in legal repercussions for women, their doctors, or loved ones.
