HHS on April 22 finalized a rule to shield patients' reproductive healthcare data from being used in criminal investigations.
The new rule effectively gives lawful reproductive healthcare services, including abortions, the same federal privacy protections as other healthcare data covered under HIPAA. The rule prohibits providers, health plans, clearinghouses and other healthcare organizations from disclosing protected health information when it is sought for the purposes of conducting an investigation or prosecuting a patient or provider. It applies to patients who cross state lines to seek an abortion in states where it is legal.
The Biden administration said the HIPAA Privacy Rule to Support Reproductive Health Care Privacy was finalized after HHS received concerns from patients and providers related to medical records being used against them for obtaining or providing legal reproductive healthcare.
"Many Americans are scared their private medical information will be being shared, misused, and disclosed without permission," Xavier Becerra, HHS secretary, said in a news release on the rule. "The Biden-Harris Administration is providing stronger protections to people seeking lawful reproductive healthcare regardless of whether the care is in their home state or if they must cross state lines to get it."
Before this rule, healthcare organizations were able to share private medical information with law enforcement for the purposes of a criminal investigation. In a June 2023 letter to HHS opposing the proposed rule, the attorneys general from 19 states said the Biden administration "has pushed a false narrative that States are seeking to treat pregnant women as criminals or punish medical personnel who provide lifesaving care."
Meanwhile, the healthcare industry is awaiting a Supreme Court decision on whether the Emergency Medical Treatment and Labor Act takes precedence over state abortion bans in certain emergency circumstances.