The Biden administration has finalized a regulation that aims to prevent Republican-led jurisdictions with strict limits on reproductive freedom from obtaining the medical records of people who seek abortions out of state, the Associated Press reported Monday.
“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,” Jennifer Klein, director of the White House Gender Policy Council, said at a press conference.
The regulation was first proposed in April 2023. It updates the Health Insurance Portability and Accountability Act, or HIPAA, to clarify that medical providers cannot provide law enforcement the medical records of someone who chooses to terminate a pregnancy in another state.
Last year, for example, Alabama’s Republican attorney general claimed his office has the power to prosecute anyone who defies the state’s abortion ban by seeking medical care elsewhere, although no one has yet to be charged under the claimed authority, reported 19th News, a nonprofit media organization that focuses on women’s issues.
According to a White House fact-sheet, “the rule would prevent an individual’s information from being disclosed to investigate, sue, or prosecute an individual, a health care provider, or a loved one simply because that person sought, obtained, provided, or facilitated legal reproductive health care, including abortion.”