The Biden administration introduced a final rule to fortify privacy protections for individuals seeking abortions, prohibiting the disclosure of confidential health information pertaining to reproductive health.
This rule, issued via the Office for Civil Rights at the U.S. Department of Health and Human Services, strengthens existing provisions under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) privacy rule.
The initiative aims to safeguard individuals residing in states where abortion is prohibited but travel out of state to obtain the procedure legally.
The number of such individuals has risen notably in response to increasing restrictions on abortion rights in certain states.
For instance, according to the Guttmacher Institute, approximately 92,100 women crossed state lines for abortions in the first half of 2023, more than double the number in the same period in 2020.
To counter efforts in some states criminalizing assistance or financial support for such travel, the rule extends protection to healthcare providers, insurers, and other entities involved in performing or financing abortions.
President Biden emphasized the importance of protecting individuals’ medical records from being misused against them or their healthcare providers due to their lawful reproductive health choices.
Secretary of Health and Human Services Xavier Becerra echoed this sentiment, underscoring every American’s right to privacy, especially concerning personal health information.
The rule explicitly prohibits the use of protected health information related to reproductive care for the identification, investigation, or punishment of individuals, providers, or entities involved in seeking, providing, or facilitating reproductive healthcare, including abortions.
While the rule applies to situations where care was provided lawfully, it does not cover abortions in states where the procedure is prohibited. Nonetheless, it does encompass individuals from such states who undergo out-of-state abortions.
