Originally published by The 19th.
Health care providers aren’t allowed to tell law enforcement about a patient’s abortion if they received the procedure in a state where it is legal, it is protected by federal law, or it is permitted by state law, the Biden administration said Monday.
The new rule is based on the federal Health Insurance Portability and Accountability Act, or HIPAA. It could shield patients’ medical information if they live in a state with an abortion ban and travel elsewhere to seek care. Those are details that could show up in their health records if they seek subsequent medical care in their home state.
But it’s unclear whether it will protect medical data for people who self-manage their abortions by receiving medication in the mail, often from a prescribing physician in a state with laws protecting reproductive rights.
The rule will take effect in 30 days, and it represents a meaningful shift. Though HIPAA generally protects medical information stored by health plans and health providers, it has historically included a carveout for law enforcement. While health care providers are not obligated to turn over a patient’s medical records to law enforcement, they are generally allowed to.
The new federal rule closes that loophole for abortions that were clearly legal in the state where they were provided, along with medical........