Biden administration pitches privacy rule to fight red-state abortion laws
Eden Villalovas
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The Biden administration on Wednesday introduced new privacy rules to safeguard women’s health information by prohibiting data from being used to prosecute those who seek abortions.
The proposal would change long-standing HIPAA privacy codes, which protect records through federal privacy laws but allow healthcare workers to turn over medical records if a court order is presented. The new language comes amid multiple abortion restrictions in Republican-led states.
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“This rule would prohibit doctors, other health care providers, and health plans from disclosing individuals’ protected health information, including information related to reproductive health care, under certain circumstances,” the Biden administration’s fact sheet read.
“Specifically, 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,” it continued.
Republican legislatures have proposed several pieces of legislation that would criminalize assisting women living in states where abortion is illegal and have to travel out of state to obtain the procedure.
Earlier this month, Gov. Brad Little (R-ID) signed a law making it illegal to help minors obtain an abortion without a parent or guardian’s permission. “Recruiting, harboring, or transporting the pregnant minor within this state commits the crime of abortion trafficking,” the law read.
Last week, Judge Matthew Kacsmaryk ruled in favor of the suspension of the Food and Drug Administration’s approval of mifepristone, an abortion drug. The Biden administration filed a motion in a federal appeals court to block the ruling on Monday.
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There have also been a handful of bills introduced by Republican leaders that affect employers who offer to cover abortion-related travel.
Vice President Kamala Harris is set to assemble an interagency task force meeting that will explore the topic of access to abortion. The task force will include Cabinet members Health and Human Services Secretary Xavier Becerra and Attorney General Merrick Garland.