WH Wants Rule to Protect Abortion Patients’ Records

Written by Reynaldo Mena — May 16, 2023
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The White House on Wednesday proposed a new federal rule to limit how law enforcement and state officials collect medical records if they investigate women who flee their home states to seek abortions elsewhere.

The proposal, prompted by a string of blows to abortion access across the country, follows a federal judge’s ruling on Friday that threatens to pull the most commonly used abortion pill, mifepristone, off the market.

The White House’s proposed rule would prohibit health care organizations from sharing personal medical records with authorities for investigations related to reproductive care in states where a woman legally obtained an abortion. While medical records are protected by federal privacy laws, health providers and insurers can be compelled to turn over medical records with a court order.

Doctors around the country have voiced concerns about protecting that medical information from law enforcement officials, said Melanie Fontes Rainer, the director of the office of civil rights at the U.S. Department of Health and Human Services, which proposed the rule change.

“We’ve had many conversations with providers, major medical associations and patient advocates about what they’re seeing on the ground and how the federal government can be helpful in ensuring medical records are kept private,” she said in a statement.

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