Current privacy laws don't provide much protection for medical data if someone was prosecuted for performing an abortion. While HIPAA guidance says a clinic is not required to give information, it would be under intense legal pressure to yield to demand...
are moving toward outlawing or severely restricting abortion within their borders. Some abortion rights advocates have warned that this could put women at risk of having their personal medical records used by law enforcement.
"The HIPAA privacy rule generally protects medical information that is stored by health care providers, insurers, clearinghouses that work on billing, and their business associates," said Sharona Hoffman, a professor of law and bioethics at Case Western Reserve University. Within days of the Supreme Court’s decision to overturn Roe v. Wade, the federal Department of Health and Human Services issued aabout ways in which HIPAA does and does not protect medical privacy in places where abortion is illegal.
Beyond HIPAA, medical professionals might have other tools to keep law enforcement at bay, such as state hospital licensing laws or state medical practice acts , said Stacey A. Tovino, a University of Oklahoma law professor. Beyond health care providers, Shachar said, "there is a lot of health-related data that is generated outside of the hospital or physician’s office, such as texts, social media posts, data from tracking apps, and geolocation data. And while some states have regulations protecting these types of data, many states do not."
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