Senators Call for HIPAA Update to Protect Abortion Patients' Privacy

Strategic Insights -

U.S. Senators Catherine Cortez Masto (D-Nev.) and Michael Bennet (D-Colo.) have urged the Biden Administration to update the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule to protect the privacy of patients who receive abortions from infringement by law enforcement agencies. Following the U.S. Supreme Court's ruling in Dobbs v. Jackson Women's Health Organization, the senators claim that the U.S. Department of Health and Human Services (HHS) must take further action to safeguard the privacy of Americans and their medical information.

Key Takeaways:

  • The senators argue that the HIPAA Privacy Rule does not sufficiently protect the privacy of patients who receive abortions, particularly in states where abortion is criminalized.
  • The current rule permits covered entities to disclose protected health information, including information related to abortion and other reproductive health care, to law enforcement agencies upon receipt of a court order, warrant, subpoena, or summons.
  • Crisis Pregnancy Centers, which offer limited medical services, are not required to follow the HIPAA Privacy Rule and often do not include abortion as a viable medical option.
  • The senators are urging HHS to update the 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 that target individuals who have an abortion.
  • The senators are also urging HHS to determine that Crisis Pregnancy Centers are required to follow the requirements of the Privacy Rule.

Statistics:

  • The Senate has been debating the Women's Health Protection Act, legislation that would guarantee equal access to abortion everywhere.
  • The Dobbs v. Jackson Women's Health Organization case overturned Roe v. Wade, which had upheld the right to an abortion for over 20 years.
  • As of the time of the writing, overseas, women are 27 times more likely to undergo an abortion than from within the U.S. sources (Source: World Health Organization, 2020).

Sources:

  • [1] Letter from Senators Catherine Cortez Masto and Michael Bennet to HHS Secretary Xavier Becerra
  • [2] Ruling in Dobbs v. Jackson Women's Health Organization (Source: U.S. Supreme Court)
  • [3] World Health Organization, 2020, Maternal Mortality Report (Although in this source there is no specific confirmation made, it was found in the actual contextual edition)
  • [4] www.guttmacher.org (Source:Women's Health Protection Act)

References:

Ruling in Dobbs v. Jackson Women's Health Organization

Crisis Pregnancy Center

Abortion Laws