Under a new regulation finalized by the Biden administration on Monday, the medical records of women seeking abortions across state lines will be protected from criminal investigations. This measure is intended to prevent the prosecution of women living in states where abortion is illegal.
However, the regulation is expected to face legal challenges from anti-abortion advocates and criticism from abortion-rights supporters who argue that it does not provide sufficient protection. The director of the White House Gender Policy Council, Jennifer Klein, stated that individuals should not face legal consequences for seeking or receiving legal reproductive care.
The new regulation modifies the Health Insurance Portability and Accountability Act of 1996 (HIPAA), which prohibits medical providers and health insurers from disclosing patient medical information. However, law enforcement typically has access to these records during investigations.
In states with stringent abortion regulations, the federal regulation will effectively prohibit local officials from obtaining medical records relating to reproductive health care for legal inquiries. In theory, it will provide the most protection for women traveling from states with restrictive abortion laws to obtain abortions in states where it is legal.
Dr. Serina Floyd, an OB-GYN providing abortions in Washington, D.C., noted that patients frequently inquire about potential consequences upon returning home after seeking abortion services. The regulation aims to address these concerns.
Despite its limitations, the regulation represents an effort by the administration to protect women’s access to reproductive health care and is expected to face legal scrutiny.
