On April 22, the Department of Health and Human Services issued new rules under HIPPA to protect the privacy of reproductive health care. The rules were adopted in a 291-page Release (full text) (press release). The rules are designed to protect women (and those who assist them) who travel out of state for an abortion that is not legal in their state of residence. A Fact Sheet issued by the Department of Health and Human Services summarizes the new rules, saying in part:
The Final Rule strengthens privacy protections by prohibiting the use or disclosure of protected health information (PHI) by a covered health care provider, health plan, or health care clearinghouse—or their business associate—for either of the following activities:
To conduct a criminal, civil, or administrative investigation into or impose criminal, civil, or administrative liability on any person for the mere act of seeking, obtaining, providing, or facilitating reproductive health care, where such health care is lawful under the circumstances in which it is provided.
The identification of any person for the purpose of conducting such investigation or imposing such liability.
... [T]he prohibition applies where...:
The reproductive health care is lawful under the law of the state in which such health care is provided under the circumstances in which it is provided....
The reproductive health care is protected, required, or authorized by Federal law, including the U.S. Constitution, regardless of the state in which such health care is provided....
19th News reports on the new rules. [Thanks to Scott Mange for the lead.]
