House Democrats Demand HHS Enforce HIPAA Privacy Rule for Reproductive Health Care

Strategic Insights -

Following the recent decision in Purl v. Department of Health and Human Services to vacate most provisions of the HIPAA Privacy Rule to Support Reproductive Health Care Privacy, a group of 32 House Democrats, led by Representatives Jan Schakowsky, Diana DeGette, and Sara Jacobs, have sent a letter to Secretary Robert F. Kennedy Jr. of the U.S. Department of Health and Human Services (HHS) urging them to uphold protections for private health information related to reproductive care. The lawmakers express concerns about the safety and confidentiality of patients seeking reproductive health care and the potential consequences of the Purl decision, including the elimination of privacy protections and the threat of criminalization for reproductive health care decisions.

Key Takeaways:

  • The Purl decision effectively eliminates the privacy protections for reproductive health care, including restrictions on protected health information disclosures and attestation requirements.
  • The decision raises serious concerns about the safety and confidentiality of patients seeking care, and the potential consequences of the elimination of privacy protections.
  • The letter was signed by 31 House Democrats, including Representatives Jan Schakowsky, Diana DeGette, and Sara Jacobs.
  • The HHS Office for Civil Rights had previously issued a final rule to modify and strengthen the HIPAA Privacy Rule, prohibiting a covered health care provider from sharing protected health information to investigate or impose liability on an individual for accessing legal reproductive health care.
  • Over 200 women faced criminal charges for conduct related to pregnancy, pregnancy loss, or birth in the year following the Dobbs decision, with 22 women being criminally prosecuted for experiencing a pregnancy loss.
  • The lawmakers emphasize the importance of protecting patient-provider confidentiality and defending patients and providers in the absence of these provisions.

Statistics:

  • Over 200 women faced criminal charges for conduct related to pregnancy, pregnancy loss, or birth (Source: Dobbs decision)
  • 22 women were criminally prosecuted for experiencing a pregnancy loss (Source: Dobbs decision)
  • The number of women facing criminal charges for reproductive health care decisions has increased since the Dobbs decision (Source: Dobbs decision)

Sources:

  • U.S. Department of Health and Human Services (HHS)
  • U.S. Representatives Jan Schakowsky, Diana DeGette, and Sara Jacobs
  • 31 House Democrats, including Representatives Donald Beyer, Julia Brownley, Sean Casten, Judy Chu, Yvette Clarke, Steve Cohen, Danny Davis, Suzan DelBene, Mark DeSaulnier, Veronica Escobar, Lizzie Fletcher, Maggie Goodlander, Adam Gray, Julie Johnson, Robin Kelly, Ro Khanna, Doris Matsui, Jennifer McClellan, Betty McCollum, James McGovern, Kelly Morrison, Kevin Mullin, Jerrold Nadler, Eleanor Holmes Norton, Mark Pocan, Emilia Sykes, Shri Thanedar, Paul Tonko, Lauren Underwood, Nydia Velazquez, and Nikema Williams.