Medical records for out-of-state abortions will now be protected by HIPAA

Shefali Luthra, The 19th

This story was originally published by The 19th.

Health care providers aren’t allowed to tell law enforcement about a patient’s abortion if they received the procedure in a state where it is legal, it is protected by federal law, or it is permitted by state law, the Biden administration said Monday.

The new rule is based on the federal Health Insurance Portability and Accountability Act, or HIPAA. It could shield patients’ medical information if they live in a state with an abortion ban and travel elsewhere to seek care. Those are details that could show up in their health records if they seek subsequent medical care in their home state.

But it’s unclear whether it will protect medical data for people who self-manage their abortions by receiving medication in the mail, often from a prescribing physician in a state with laws protecting reproductive rights.