Texas Sues HIPPA For Protecting Abortion Medical Records
In September this year, Texas, that is, Ken Paxton, sued the Federal Health and Human Services (HHS) Department over a new bill that shields medical records of women who go out of state for abortion procedures from state investigators. Speaking as a mother and a legal defender of women, families and children, this lawsuit converges on the rights of women and has dangerous implications for the privacy and freedom of the general public.
What is the Privacy Rule?
The lawsuit filed by Paxton challenges two rules set by HIPAA (Health Insurance Portability and Accountability Act of 1996): the 2000 Privacy Rule and the updated 2024 Privacy Rule.
2000 Privacy Rule
This rule, which became effective in 2001, should be familiar to anyone who’s been to the doctor and needed to fill out a bunch of forms. The law sets the national standards for the protection of individuals’ medical records and other personal health information. In other words, this is why, after the age of 18, other members of your family or close confidants need written permission from you to view your medical records.
Other medical entities like healthcare providers and health plans may access the minimal necessary information about you as a patient to allow for convenient and high-quality treatment but its main goal is to safeguard patient privacy. Paxton’s lawsuit challenges the section that prevents disclosure of this information to state investigators/law enforcement without the individual’s authorization.
2024 Privacy Rule
The 2024 Privacy Rule, also called “the Final Rule”, makes an amendment to the original 2000 rule and was set as a response to the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, which overturned the federal right to abortion and led to state abortion bans and investigations across the country. The rule, made effective in June this year, prohibits state investigators from viewing the records of women who travel out of state to receive abortions in states where they are legal. The rule essentially protects the information of women in states where abortion is illegal, like Texas.
In the lawsuit, Paxton claims that this is a violation of the original law that allows information to be revealed to states for law enforcement purposes. The lawsuit goes on to include “gender dysphoria” procedures in the term “Reproductive Health Care”, targeting transgender surgeries along with abortions.
Abortion in Texas is considered illegal except in extreme cases where the mother is at risk of losing her life or is at great health risk because of the pregnancy. Women who seek or receive care will not suffer from criminal charges. Providers, on the other hand, could face losing their license and up to a life sentence in prison.
Paxton asserts that the HHS has acted unlawfully, and that the federal government is “attempting to undermine Texas’s law enforcement capabilities”.
What would it mean if Texas won?
If Texas wins the lawsuit against the 2024 Privacy Rule, a few big things could happen:
Stronger State Control Over Reproductive Laws and Overall
At the base level, a victory for Texas would allow them access to medical records related to reproductive health, like abortion services and gender-transitions, for the purpose of potentially prosecuting individuals. That means less privacy and less protection for Texas patients.
It would also mean a significant shift in state power in general. Since the inception of America, the fight over states’ rights versus federal rights has divided the country on who has the power. This lawsuit could affirm Texas’s ability to enact and enforce its own laws, especially regarding abortion and reproductive health. It might raise questions as to the validity of federal rules, like HIPAA.
Weaker Federal Privacy Protections
A ruling in favor of Texas would roll back the 2024 rule but it could also put the original HIPAA rules at risk as well. This could allow law enforcement and other state agencies to more easily access sensitive health information without the same safeguards required by the federal rule. As of now, an attestation must be signed by healthcare entities to ensure that medical records are not being used for prohibited purposes. It’s possible, though, that after the ruling, these things could be undermined.
Confusion for Health Providers and Patients
Like many policies in Texas, the ambiguity of the language and regulations leave those they are affecting in tough and confusing spots. Doctors and clinics may feel conflicted in having to follow federal rules that protect patient privacy and also state laws that might demand access to that same information. They could face legal consequences no matter which law they choose to follow.
Additionally, patients who need an abortion but live in states where it is illegal, without the option of leaving the state to do it, might look for options that are unsafe and unregulated.
In short, a win for Texas on this lawsuit would mean a loss for reproductive rights and for the American people.
At Carter Law Group, we care about your rights. As defenders of women and sexual assault victims, as mothers, this subject hits close to our hearts. That’s why you can trust us to fight for your rights. If you’re in need of a lawyer, call us today.
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