Republican-led states have filed lawsuits to repeal a federal rule protecting the privacy of those seeking legal reproductive care, while a federal judge in Texas is questioning the constitutionality of the federal HIPAA law. The law, established in 1996, is being threatened by lawsuits seeking to remove restrictions on disclosing health information in criminal investigations, specifically for those seeking legal abortion and reproductive health care. These lawsuits come after the U.S. Supreme Court ended federal abortion rights in 2022 and several states passed abortion bans, raising concerns about the use of patient records to investigate and prosecute individuals.
Advocates worry that if successful, these lawsuits could erode patient trust in the healthcare system and dissuade people from seeking care. The lawsuits target a recent HIPAA rule enacted by the Biden administration to keep health information private, particularly for patients seeking legal care in states with access. The lawsuits also challenge the general rules established in 2000 regarding the disclosure of health information to law enforcement.
Multiple states, including Missouri and Tennessee, have joined the lawsuits, arguing that the HIPAA rule limits their ability to investigate cases of fraud and abuse. If the lawsuits are successful, abortion records in states with legal access could be subpoenaed. Despite concerns, the Trump administration has followed a conservative stance in supporting the repeal of the recent HIPAA rule. The future of the HIPAA rule remains uncertain pending court decisions and potential changes by the new administration.
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