New Privacy Rule Issued by Biden Administration to Safeguard Abortion Rights

President Joe Biden’s administration has issued a final rule on Monday to enhance privacy protections for women seeking abortions by prohibiting the disclosure of protected health information related to reproductive health.

The new rule, released by the Office for Civil Rights at the U.S. Department of Health and Human Services, reinforces existing regulations under the Health Insurance Portability Act of 1996 (HIPAA) privacy rule.

It aims to safeguard women in states where abortion is banned who travel out of state for the procedure — an action that many women already undertake, according to research.

The rule also provides protection for healthcare providers, insurers, or other entities involved in performing or financing abortions.

“Everyone has a right to privacy, especially regarding their personal health information,” stated Secretary of Health and Human Services Xavier Becerra during a press conference announcing the rule.

The rule specifically prohibits the use of protected health information regarding reproductive care to identify, investigate, or penalize individuals, providers, or others involved in obtaining, providing, or facilitating reproductive healthcare like abortions.

This rule only applies to instances where the care was provided lawfully, so it does not cover abortions in states where the procedure is illegal. However, it does apply to individuals from those states who seek an out-of-state abortion.

The department first introduced the rule last year.

The final rule includes a provision to protect providers in states where abortion is prohibited if their patients receive care out of state. This shields them from having to disclose those abortions to state authorities since they did not provide the service.

In the past, similar actions by the department have been challenged in court by anti-abortion groups, and it is likely this rule will face litigation as well.

When asked how his department was preparing for potential litigation, Becerra did not provide a response.