Senators Call for HIPAA Rule Update to Protect Patient Privacy Post-Roe v. Wade

Colorado Senator Michael Bennet and Nevada Senator Catherine Cortez Masto have urged the Biden Administration to update the Privacy Rule under the Health Insurance Portability and Accountability Act (HIPAA) to protect the privacy of patients who receive abortions from law enforcement agencies. The call to action follows the U.S. Supreme Court's decision in Dobbs v. Jackson Women's Health Organization to overturn Roe v. Wade. Bennet and Cortez Masto argue that HIPAA does not offer sufficient protection for patients in states that criminalize reproductive health services, and that Crisis Pregnancy Centers, which often do not provide abortion as an option, should be required to follow the same patient protection measures as all other providers.

Key Takeaways:

• HIPAA does not prevent the disclosure of protected health information, including information related to abortion and other reproductive health care, to law enforcement agencies.
• Crisis Pregnancy Centers, which often do not provide abortion as an option, are not required to follow the HIPAA Privacy Rule.
• Senators Bennet and Cortez Masto are urging the Department of Health and Human Services (HHS) to update the HIPAA Privacy Rule to clarify who is a covered entity, limit when that entity can share information on abortion or other reproductive health services, and make clear that reproductive health information cannot be shared with law enforcement agencies who target individuals who have an abortion.
• The senators are also requesting that HHS determine that Crisis Pregnancy Centers are required to follow requirements of the Privacy Rule.
• The decision to start or expand a family is intensely personal and private, and patients expect their conversations with providers about reproductive health care services to remain confidential.

Statistics:

• Since the overturning of Roe v. Wade, millions of Americans have lost a fundamental constitutional right to make their own health and reproductive decisions.
• HIPAA was signed into law in 1996, and the HIPAA Privacy Rule was issued in 2000.

Sources:

• A letter from Senators Michael Bennet and Catherine Cortez Masto to HHS Secretary Xavier Becerra, dated (no date provided)
• The Administrative Procedure Act
• Office for Civil Rights guidance on protecting individuals' private medical information relating to abortion and other sexual and reproductive health care.