A group of nearly 50 House and Senate Democrats are urging the Biden administration to take stronger action in protecting abortion rights. Specifically, they are calling for enhanced safeguards to prevent law enforcement agencies from accessing private medical records of individuals seeking abortion. The Democrats have written a letter to the Department of Health and Human Services, urging the White House to strengthen a proposed rule regarding protected personal health data.
The letter is led by Sens. Ron Wyden (D-Ore.) and Patty Murray (D-Wash) in the Senate, and Rep. Sara Jacobs (D-Calif.) in the House.
The proposed rule aims to strengthen the Health Insurance Portability and Accountability Act (HIPAA) to protect sensitive information about whether a person sought, obtained, provided, or facilitated an abortion from being used by law enforcement in states where abortion is banned. This issue has become more critical following the Supreme Court’s recent Dobbs decision.
While the proposed rule prohibits state officials from requiring providers and insurers to disclose information about abortion, it falls short in some areas. The Democrats argue that a higher standard is necessary, requiring law enforcement agencies to obtain a warrant before accessing patients’ health information. They also believe that warrants should prevent the sharing of records with other law enforcement agencies, unless it pertains to the specific investigation identified in the warrant application.
The lawmakers express concern that the current legal protections for protected health information (PHI) are insufficient. They emphasize the need for individuals to trust that the information they share with their doctors will receive the highest level of protection under the law, regardless of the medical issue. They also call for the warrant protection to be applied broadly, without limitations based on the type of illness or medical condition.
The lawmakers conclude their letter by urging HHS to take comprehensive action to strengthen privacy protections for PHI. They highlight the importance of individuals’ willingness to seek lawful treatment without fear of their personal health information being misused.
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