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Maryland AG urges White House to strengthen HIPAA for people getting abortions

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Maryland Attorney General Anthony Brown applauds for Maryland Gov. Wes Moore as he delivers his first State of the State address on February 1, 2023 at the Maryland State House.
Ulysses Muñoz/The Baltimore Banner

Maryland Attorney General Anthony Brown is joining with 24 other states in urging the Biden administration to move forward with new rules that would strengthen HIPAA protections for people receiving abortions.

In a letter of comment to the Department of Health and Human Services, Brown stated that the rules are important for protecting Marylanders and people from other states seeking abortion and reproductive care from the misuse of data.

The rule changes stem from the Biden Administration’s Task Force of Reproductive Access, which was created after the Supreme Court decision last year that overturned Roe v. Wade.

The proposed rules would make it illegal to share a patient’s private health information if that data is being sought for certain criminal or civil investigations and proceedings against someone in connection with a legal abortion or reproductive care.

“As we witness the alarming erosion of reproductive rights across our nation, it’s imperative that we establish strong federal protections that safeguard health information and privacy,” Brown said. “Marylanders deserve assurance that their personal information will not be weaponized to harm and discriminate against them. I will continue to fight to protect the sanctity of reproductive care and ensure that access remains a personal decision free from fear and manipulation.”

Fifteen states currently have laws restricting or banning abortions. The fear is that those states could use their laws to prosecute or sue people who go out of state to get abortions. Under current law, an investigation could use a person’s health data to expose who got an abortion and who is providing abortions, possibly putting them in legal or civil jeopardy.

Other states signing on to the letter include California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington state, Wisconsin and Washington D.C.

The letter comes after Maryland has put significant effort into protecting abortion rights after the Supreme Court decision.

Gov. Wes Moore released $3.5 million in funds to train abortion specialists, lawmakers voted to enshrine abortion rights into the state constitution and the Moore administration stockpiled two-and-a-half-years’ worth of mifepristone, a drug used to induce abortions, after recent federal cases put the future of the drug’s use in jeopardy.

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Scott is the Health Reporter for WYPR. @smaucionewypr
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