To enhance the protection of patient privacy and access to reproductive healthcare, the Biden administration has recently finalized a regulation. This regulation is designed to prevent Republican-led jurisdictions, which have imposed strict limitations on reproductive freedom, from obtaining the medical records of individuals who seek abortions outside of their home states.
‘No one should have their medical records used against them, their doctor or their loved one just because they sought or received lawful reproductive health care,’ emphasized Jennifer Klein, Director of the White House Gender Policy Council, during a press conference.
The regulation, initially proposed in April 2023, amends the Health Insurance Portability and Accountability Act (HIPAA) to clarify that medical providers cannot disclose medical records to law enforcement if those records pertain to individuals who have opted to terminate a pregnancy in another state.
This measure addresses concerns that arose from recent claims made by the Republican Attorney General of Alabama, who asserted that his office could prosecute individuals who sought abortions outside of the state. It is noteworthy that no individuals have been charged to date under this asserted authority, as reported by 19th News, a nonprofit media organization focused on women’s issues.
A White House fact sheet outlines that ‘the rule would prevent an individual’s information from being disclosed to investigate, sue, or prosecute an individual, a health care provider, or a loved one simply because that person sought, obtained, provided, or facilitated legal reproductive health care, including abortion.’
