{"id":293188,"date":"2023-06-18T09:29:45","date_gmt":"2023-06-18T14:29:45","guid":{"rendered":"https:\/\/www.liveaction.org\/news\/?p=293188"},"modified":"2023-06-16T17:31:53","modified_gmt":"2023-06-16T22:31:53","slug":"biden-hhs-roe-medical-privacy-dehumanize","status":"publish","type":"post","link":"https:\/\/archive.liveaction.org\/news\/biden-hhs-roe-medical-privacy-dehumanize\/","title":{"rendered":"Biden HHS’ post-Roe medical privacy changes dehumanize preborn children"},"content":{"rendered":"
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In a significant yet under-the-radar pro-abortion move, President Biden has issued a Notice of Proposed Rulemaking (NPRM)<\/a> to modify<\/a> the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule. The proposed changes would add a new category of “reproductive health care” to include abortion, shield abortionists<\/a> by prohibiting (under HIPAA) the release of protected health information (PHI) for criminal or civil investigations<\/a>, and define “person” to exclude<\/em> a human being in the womb (an embryo or fetus).<\/p>\n

The proposed rule, published on April 12 by the Office for Civil Rights at the U.S. Department of Health & Human Services (HHS), could take effect soon now that the public comment period is coming to an end.<\/p>\n

According to the HHS release<\/a>, it “establishes requirements with respect to the use, disclosure, and protection of protected health information (PHI) by HIPAA covered entities (health plans, health care clearinghouses, and most health care providers) and, where applicable, by their business associates.”<\/p>\n

The proposal could impact law enforcement investigations, third party investigations in civil proceedings, state licensure proceedings, criminal prosecutions, and family law proceedings.<\/p>\n

Alliance Defending Freedom Senior Counsel Julie Marie Blake stated<\/a> in response to the proposal:<\/p>\n

The Biden administration\u2019s proposed rule would undermine state laws that protect expectant mothers and their unborn children from the harms of abortion and unlawfully insert a federal right to abortion into privacy regulations. Additionally, the proposed rule seeks to make it impossible for states to protect children from a variety of dangerous and sterilizing procedures including puberty blockers, cross-sex hormones, and irreversible, life-altering surgeries. <\/em><\/p>\n

The U.S. Supreme Court\u2019s decision in Dobbs resoundingly affirmed that states\u2014not unelected, unaccountable bureaucrats\u2014should set abortion policy and be free to protect unborn life. This is just the latest example of the Biden administration grossly overstepping its authority in an attempt to impose its radical agenda on everyday Americans. We urge the administration to swiftly withdraw this harmful proposed rule.<\/em><\/p>\n

Proposed Rule in Response to Dobbs<\/em><\/b><\/p>\n

HHS claimed that the “Supreme Court’s decision in Dobbs<\/em> on June 24, 2022, created new concerns about the privacy of PHI related to reproductive health care” since “states have taken actions, some tacitly and some explicitly, that could interfere with individuals’ longstanding expectations… with respect to the privacy of their PHI.”<\/p>\n

“The Department is aware of reports that persons or authorities have reached or intend to reach beyond their own states’ borders to investigate reproductive health care that has been performed in other states where that health care is legal. These actions present new concerns nationwide for the protection of health information privacy mandated by HIPAA,” the proposal stated.<\/p>\n

The “actions” they are likely referring to include abortion bans, trigger laws, pro-life Sanctuary City ordinances, civil enforcement laws such as the Texas Heartbeat Act, and possibly the federal Comstock Act. The Department claimed that “Under the Constitution, an individual cannot be barred from traveling from one state to another to obtain reproductive health care.”<\/p>\n

\"Target<\/a><\/p>\n

The Proposal\u00a0<\/strong><\/p>\n

“The new rule… would cover both people who cross state lines to obtain a legal abortion or who qualify for an exception to their home state\u2019s ban, such as in cases of rape, incest or life endangerment,” Politico previously<\/a> reported.<\/p>\n

Disclosures of PHI would be “prohibited when the reproductive health care: (1) is provided outside of the state where the investigation or proceeding is authorized and where such health care is lawfully provided; (2) is protected, required, or authorized by Federal law, regardless of the state in which such health care is provided; or (3) is provided in the state in which the investigation or proceeding is authorized and that is permitted by the law of that state,” the proposed rule claimed.<\/p>\n

According to the HHS press release<\/a> “the prohibition would apply where the relevant criminal, civil, or administrative investigation or proceeding is in connection with one of the following:<\/p>\n