This week, the Biden administration made a rule that prohibits the use of medical records in criminal investigations involving people who leave their states to have abortions.  ,
The rule strengthens existing regulations under the Health Insurance Portability and Accountability Act of 1996 ( HIPAA ) privacy rule, which was released through the Office for Civil Rights of the Department of Health and Human Services ( HHS).
According to the Associated Press,” the federal regulation would essentially prohibit state or local officials from gathering medical records related to reproductive health care for a civil, criminal, or administrative investigation from providers or health insurers in states where abortion remains legal.”  ,
HHS Secretary , Xavier Becerra told reporters on Monday that the rules has limits and may face legal problems.
” Until we have a federal laws that reinstitutes Roe v. Wade, we’re going to have dilemmas”, Becerra said. However, that does n’t prevent us from taking steps to safeguard every American’s right to receive the care they require.
One drawback is that the law does not halt criminal prosecution of virtual abortion orderrs. Additionally, the rule does n’t mandate that law enforcement is issued with warrants for medical records.
” Rather, law enforcement can get a summons, court order or an administrative request to receive medical information”, according to the document.  ,
At least 22 Democrat-controlled states passed legislation or executive orders to protect abortionists and people from studies in state with laws restricting pregnancy. Abortionists in some blue state are protected as well as shielded when they telehealth women in states where the unborn are protected by rules.
Becerra was contacted by 19 Republican Attorneys General last year to object to the concept while it was still in the draft stage.
They wrote:
However, the administration has perpetuated the false narrative that states are attempting to punish skilled professionals who deliver lifesaving care or to treat female women as thieves. In rebellion of the Constitution and Dobbs, the Administration has attempted to take control over abortion from the people on the basis of this exist.
The work is continued by the proposed law in this one. HHS restrictions have allowed the disclosure of information to state officials to safeguard public health, safety, and security for over 20 years. The proposed principle had disturbed that cautious, decades- old balance. The proposed principle defies the governing legislation, did unlawfully encroach upon States ‘ authority to carry out their rules, and does not fulfill any statutory requirements. The proposed law is a solution in search of a concern because it relies on a misleading view of state oversight of pregnancy. And it reflects the exact deviance of fundamental political principles and legal precedents that persisted in pregnancy issues for years before Dobbs.
It’s unclear whether public authorities have sought those patient information in relation to abortion, according to The Associated Press.
