Texas Sues Biden Administration Over Medical Records Privacy Rule Surrounding Abortion

AUSTIN, Texas — In a bold move, Texas has filed a lawsuit against the U.S. Department of Health and Human Services in an effort to overturn a regulation that was finalized in April. This regulation aims to shield the medical records of women who travel across state lines to seek abortion in states where it is legal from criminal investigations.

The lawsuit, spearheaded by Republican state Attorney General Ken Paxton, was filed in Lubbock. Paxton accused the federal government of attempting to undermine the state’s law enforcement capabilities through this regulation. This marks the first legal challenge from a state with an abortion ban that was put into effect following the U.S. Supreme Court’s decision to overturn Roe v. Wade in 2022, thereby ending the nationwide right to abortion.

The rule, which prohibits state and local officials from accessing medical records related to reproductive health care for investigative purposes, was designed to safeguard women living in states where abortion is still illegal.

While the U.S. Department of Health and Human Services declined to comment on the lawsuit, they affirmed their commitment to upholding the rule, emphasizing the importance of protecting reproductive health privacy and ensuring that women’s medical records are not misused.

Texas’ abortion ban includes exemptions for women seeking abortions and provides enforcement options through civil action or criminal statutes with severe penalties for individuals assisting with the procedure. However, there have been instances of the state seeking medical records related to gender-affirming care, despite the ban on such care for minors.

On a broader scale, 22 Democratic-controlled states have implemented laws or executive orders to shield medical providers and patients participating in abortion from law enforcement investigations in states with bans.

The contentious federal regulation is an update to the Health Insurance Portability and Accountability Act of 1996, which typically allows law enforcement access to medical records for investigative purposes. A group of Republican attorneys general had previously urged HHS to abandon the rule, citing concerns about infringing on states’ rights to enforce their own laws.

In response to the lawsuit, Liz McCaman Taylor from the Center for Reproductive Rights highlighted that federal law has historically provided enhanced protection for sensitive health information, emphasizing the importance of respecting reproductive health rights.

With Texas leading the charge against the federal regulation, the ongoing legal battle surrounding medical records privacy in the context of abortion remains a contentious issue with far-reaching implications.

Associated Press reporter Jamie Stengle contributed to this report from Dallas.