Biden Administration Moves to Ban Healthcare Workers From Reporting Abortions to Police
The proposed rule would close a loophole in HIPAA that allows doctors and nurses to call the cops on their patients.
AbortionPolitics

The Biden administration announced Wednesday that it’s moving to close a loophole in medical privacy laws that allows healthcare workers to report patients to the police if they suspect them of self-managing an abortion. The Health Insurance Portability and Accountability Act (HIPAA) doesn’t require healthcare workers to make these reports, but it doesn’t prevent them from doing so, either. The move comes amid a push from advocates and after reporting from Jezebel and others explained the dangers of the privacy loophole and the chilling effect it can have on health care in a post Roe v. Wade America.
The proposed rule—from the Department of Health and Human Services’ Office for Civil Rights—would add language to HIPAA to ban healthcare workers and insurance companies from sharing health information that would be “used to identify, investigate, sue, or prosecute someone for seeking, obtaining, providing, or facilitating lawful reproductive health care.” HHS spells out that reproductive healthcare includes, but isn’t limited to, prenatal care, abortion, miscarriage management, infertility treatment, and contraception use. Per a fact sheet, the proposed rule would cover people forced to travel to other states for abortions.
A senior administration official told reporters that the change is necessary because healthcare workers told them they wanted better legal protection. “We found that even with the permissible disclosures [policy], some providers get fearful when they receive a subpoena or they might feel like they have to turn the information over,” said the official, per Politico.