New Rules Protect Women's Medical Records Related to Abortion

New Rules Protect Women’s Medical Records Related to Abortion

On June 24, 2022, the US Department of Health and Human Services (HHS) announced new rules to protect the privacy of women seeking abortion care. The rules, which were published in the Federal Register on July 13, 2022, implement the Protecting Access to Care Act of 2022, which was signed into law by President Biden on May 13, 2022.

The new rules prohibit the disclosure of medical records related to abortion care without the patient’s consent, except in limited circumstances. These circumstances include:

• When the disclosure is required by law, such as in response to a court order or subpoena.
• When the disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of the patient or another person.
• When the disclosure is made to a health care provider for the purpose of providing medical care to the patient.
• When the disclosure is made to a researcher for the purpose of conducting research on abortion care, provided that the researcher has obtained written consent from the patient and the research has been approved by an institutional review board.

The rules also require covered entities, such as hospitals, clinics, and insurers, to take steps to protect the privacy of women seeking abortion care, such as:

• Using secure electronic systems to store and transmit medical records.
• Training staff on the importance of protecting patient privacy.
• Developing and implementing policies and procedures to protect patient privacy.

The new rules are a significant step forward in protecting the privacy of women seeking abortion care. They will help to ensure that women can access abortion care without fear of their medical records being disclosed to their employers, family members, or others.

The Importance of Protecting Women’s Medical Records

Women’s medical records contain sensitive information about their health, including their reproductive history. This information can be used to discriminate against women, deny them access to health care, or even harm them.

For example, a woman’s medical records could be used to:

• Deny her a job or promotion.
• Deny her access to health insurance.
• Harass or stalk her.
• Harm her physically or emotionally.

Protecting women’s medical records is essential for protecting their privacy and their health. The new rules announced by HHS are a welcome step in this direction.

The Impact of the New Rules

The new rules will have a significant impact on the privacy of women seeking abortion care. They will help to ensure that women can access abortion care without fear of their medical records being disclosed to their employers, family members, or others.

The rules will also make it more difficult for anti-abortion groups to collect and use women’s medical records to harass or intimidate them. This will help to create a safer environment for women seeking abortion care.

Conclusion

The new rules announced by HHS are a significant step forward in protecting the privacy of women seeking abortion care. They will help to ensure that women can access abortion care without fear of their medical records being disclosed to their employers, family members, or others.