House Democrats Demand HHS Uphold Reproductive Health Information Privacy

Strategic Insights -

U.S. Representatives Jan Schakowsky, Diana DeGette, and Sara Jacobs led a letter to Secretary Robert F. Kennedy Jr., advocating for the U.S. Department of Health and Human Services (HHS) to uphold protections for private health information related to reproductive care. This move follows a June 2025 decision by the U.S. District Court for the Northern District of Texas, vacating most provisions of the HIPAA Privacy Rule to Support Reproductive Health Care Privacy. The lawmakers expressed concern about the safety and confidentiality of patients seeking reproductive health care, highlighting the risk of health care providers disclosing medical records to investigate and criminalize reproductive health care decisions.

Key Takeaways:

  • 31 House Democrats signed a letter to Secretary Robert F. Kennedy Jr., urging the U.S. Department of Health and Human Services (HHS) to uphold protections for private health information related to reproductive care.
  • The letter was led by Representatives Jan Schakowsky (IL-09), Diana DeGette (CO-01), and Sara Jacobs (CA-51).
  • The lawmakers cited the Purl v. Department of Health and Human Services decision, which vacated most provisions of the HIPAA Privacy Rule to Support Reproductive Health Care Privacy.
  • Since the Dobbs decision, over 200 women have faced criminal charges for conduct related to pregnancy, pregnancy loss, or birth, with 22 women being criminally prosecuted for experiencing a pregnancy loss.
  • The Purl decision effectively eliminates the privacy protections for reproductive health care, including restrictions on protected health information disclosures and attestation requirements.
  • The HHS Office for Civil Rights issued a final rule to modify and strengthen the HIPAA Privacy Rule, prohibiting covered health care providers from sharing protected health information to investigate or impose liability on individuals for accessing, facilitating, or delivering legal reproductive health care.

Sources:

  • Letter from Representatives Jan Schakowsky, Diana DeGette, and Sara Jacobs to Secretary Robert F. Kennedy Jr. (PDF)
  • U.S. Department of Health and Human Services Office for Civil Rights (OCR)
  • Purl v. Department of Health and Human Services (U.S. District Court for the Northern District of Texas)
  • HIPAA Privacy Rule to Support Reproductive Health Care Privacy (HHS OCR)
  • Dobbs decision (Supreme Court of the United States)
  • Final Rule: Modifying HIPAA’s Privacy Rule to Strengthen Patient Access (HHS OCR)