US: Biden administration proposes privacy protections for women crossing state lines to seek abortions

The US Supreme Court’s overturning of Roe v. Wade has put women’s body autonomy at the forefront of the country’s politics, with Republican-controlled state legislatures passing bills criminalizing women seeking abortions. The Biden administration is set to present a proposal to protect women crossing state lines to seek the procedure.

The US Health and Human Services Department on Wednesday presented a proposal that would ensure protections for women who live in states where abortion is illegal to travel to other states to get an abortion.

The proposal would also protect healthcare providers, insurers, or other entities that perform or finance the procedure. The rule has yet to be finalized after a 60-day comment period which would strengthen privacy protections under the Health Insurance Portability and Accountability Act that is binding in all states.

The proposal would amend the existing HIPAA Privacy Rule so existing exceptions that allow sharing of private health information will not apply to information related to reproductive healthcare, including abortion, for non-healthcare purposes. This would prohibit the “use of disclosure” of private health information by regulated entities, including healthcare providers and health insurance companies, for these purposes.

The proposed rule would also prohibit the “identification of any person for the purpose of initiating such an investigation or proceeding.”

It remains to be seen whether the proposed rule would actually hinder criminal investigations. It also remains to be clear whether the proposed rule would work against anti-abortion laws in a state.

This comes amidst fears that criminal probes aimed at abortions outside a state have increased following Idaho’s GOP-controlled legislature passed a law this month that would restrict some out-of-state travel to get the procedure.

Major companies such as JP Morgan Chase & Co, Amazon, and Walt Disney have said that they would fund travel costs for women seeking abortions out of state and provide reimbursement in the company-sponsored healthcare plans. However, Republican leaders have threatened retaliation for such moves.

On the same day, a federal appeals court ruled that the abortion pill mifepristone will remain available in the country for now but with certain restrictions, including a requirement for in-person doctor visits to obtain the drug. This follows the order by US District Judge Matthew Kacsmaryk Friday last week that suspended the Food and Drug Administration’s approval for the drug.