The Biden administration recently proposed to amend the Health Insurance Portability and Accountability Act (HIPAA) privacy rules to protect patients seeking reproductive care from being targeted by law enforcement.
Axios explains in a report that this amendment would make it illegal for healthcare providers and plans to disclose protected health information about a patient's reproductive care to law enforcement.
Enforcing HIPAA Privacy Safeguards
This proposed rule seeks to strengthen HIPAA's existing privacy safeguards, which apply to all states in the United States.
The law forbids regulated entities from using or disclosing private health information to investigate anyone seeking, obtaining, providing, or facilitating reproductive health care.
However, it is important to note that the proposed change only applies to reproductive care that complies with state abortion laws and emergency care for patients in states where abortion is prohibited.
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This means that patients receiving abortion care in states where the procedure is illegal can still have their protected health information disclosed.
Protection of Sensitive Reproductive Healthcare Information
The new proposal comes in response to President Biden's directive to the Department of Health and Human Services (HHS) to strengthen the protection of sensitive reproductive healthcare information and patient-provider confidentiality.
Following that, HHS issued guidelines clarifying that HIPAA privacy rules do not require covered entities to disclose patient health information. According to officials, the proposed rule would take this a step further.
Women who live in states where abortion is illegal and travel to other states to have the procedure will benefit from the new rule.
According to research, a large number of women are already doing this. The proposed rule prohibits healthcare providers and insurers from sharing private health information with law enforcement agencies investigating people for accessing or providing reproductive care, including abortion.
What We Know
The proposed rule is expected to be finalized after a 60-day public comment period, but it is unclear whether it will stifle criminal investigations.
Reuters tells us that corporations such as JPMorgan Chase & Co, Amazon.com Inc, and Walt Disney Co have recently announced that they will cover employee travel costs for out-of-state abortions and reimburse them through company-sponsored healthcare plans. Republican leaders, on the other hand, have threatened retaliation.
The federal Employee Retirement Income Security Act of 1974 (ERISA) governs most health insurance and company benefit plans, and it generally supersedes state laws on abortion-related coverage. It does not, however, preclude states from prosecuting plans, sponsors, administrators, and their employees in all circumstances.
HSS stands that access to comprehensive reproductive health care services, including abortion care, is a fundamental right for individuals seeking to maintain their health and well-being.
By safeguarding the privacy of patients' protected health information, the Privacy Rule helps ensure that individuals can make informed decisions about their health care without fear of judgment or stigma.
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