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Published on April 23, 2024
Privacy First: Biden Admin Shields Abortion Seekers Across State Lines, Mail-Order Meds Still VulnerableSource: Wikipedia/Michael Stokes, CC BY 2.0, via Wikimedia Commons

In a determined push to safeguard women's reproductive privacy, the Biden administration has finalized a rule on Monday that amends the Health Insurance Portability and Accountability Act of 1996 (HIPAA). This move comes in a bid to protect medical records of women who cross state lines to legally obtain an abortion, WABE reported. According to the new ruling, medical providers and insurers are now barred from sharing patients' information with law enforcement in states where abortion is illegal.

The directive aims to shield individuals from potential prosecution in their home states when they seek out abortion services where they're permitted. However, it unusually leaves a gap regarding mail-order abortion pills, providing no protections in states that ban such practices. Jennifer Klein, the director of the White House Gender Policy Council, accentuated the intent of the rule to WABE, stating, "No one should have their medical records used against them, their doctor or their loved one just because they sought or received lawful reproductive health care."

While the update is a definitive stance from the federal government on the privacy of those seeking abortions, it is expected to face legal challenges from anti-abortion advocates. It also invites critique from abortion-rights proponents for not fully addressing the privacy concerns, particularly regarding the procurement of medication for abortion.

Dr. Serina Floyd, an OB-GYN who provides abortions in Washington, D.C., highlighted the real-world implications: "I’ve had patients ask are there going to be consequences for me when I go home?," she recounts in an interview with WABE. The regulation aims to ease such fears, although it does not to comprehensively safeguard against all potential legal risks for such women.

Xavier Becerra, the nation’s top health official, acknowledged the rule's limitations while speaking with WABE. He admitted, "Until we have a national law that reinstitutes Roe v. Wade, we’re going to have issues." However, he emphasized the administration's commitment "to do everything we can to protect every Americans’ right to access the care they need."