Is the Government Changing HIPAA to Block State Law Enforcement?

Published July 17, 2023
The Biden administration recently proposed a new rule to change health care privacy protections under the HIPAA (Health Insurance Portability and Accountability Act). The rule would limit access to medical records if inquired in the interest of “reproductive health.” The proposed rule has created huge blowback because it is seen as a way to get around state laws regulating abortion and transgender procedures. Twila Brase says the change reveals what a myth HIPAA is in protecting health data and only now in the interest of protecting abortion and child transgender treatments, does it decide to beef up HIPAA.
Topics discussed:
1. Is the proposed HIPAA rule a tacit admission that privacy under HIPAA is a myth?
2. What is the proposed rule?  Will it block states from investigating providers who violate their laws?
3. What is the “personal representative” as mentioned in Biden’s proposed rule?
4. What about protecting minors who flee to other states for “reproductive health” services – will this rule encourage that?
5. Does HIPAA protect any medical information?
6. Do you expect Biden to eventually sign this legislation into law?
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