Biden moves to shield patients’ abortion records from GOP threats

The Biden administration on Monday announced new rules intended to protect the privacy of patients seeking abortions, and the health workers who may have provided them, from Republican prosecutors who have threatened to crack down on the procedure.

The rules strengthen a nearly 30-year-old health privacy law — known as the Health Insurance Portability and Accountability Act, or HIPAA — to offer more robust legal protections to those who obtain or provide reproductive health care in a state where it is legal to do so. The final policy prohibits physicians, insurers and other health-care organizations from disclosing health information to state officials for the purposes of conducting an investigation, filing a lawsuit or prosecuting a patient or provider. It covers women who cross state lines to legally terminate a pregnancy and those who qualify for an exception to their state’s abortion ban, such as in cases of rape, incest or a medical emergency.

Under previous rules, organizations were allowed to disclose private medical information to law enforcement in certain cases, such as a criminal investigation. Officials at the Department of Health and Human Services said they had heard from patients and providers who were confused about their legal risks or had even deferred care amid GOP threats in the nearly two dozen states with abortion restrictions.

“People feel scared to confide in their providers. People are worried in this new climate about how their medical information might be used,” said Melanie Fontes Rainer, director of the civil rights office at HHS, which revamped the rules. “The goal here is to reinstate trust into the provider medical relationship. … The goal here is that people don’t stay home if they’re too scared to get care.”

Monday’s announcement is the latest effort by the Biden administration intended to safeguard reproductive health care,

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Tag: GOP