Texas Attorney General Ken Paxton has filed a lawsuit against the Biden administration seeking to overturn a federal rule that protects the medical records of women who cross state lines to seek abortions where it is legal. The rule, finalized in April, prohibits state and local officials from gathering medical records related to reproductive health care for investigations in states where abortion is legal.
The lawsuit accuses the federal government of undermining Texas’ law enforcement capabilities by implementing the rule. Texas currently has an abortion ban in effect following the Supreme Court’s 2022 ruling that overturned Roe v. Wade. The ban exempts women seeking abortions from criminal charges and can be enforced through private civil actions or criminal statutes.
At least 22 Democratic-controlled states have laws or executive orders in place to protect medical providers and patients participating in abortion from investigations in states with bans. The federal rule in question updates the Health Insurance Portability and Accountability Act of 1996 to prevent the disclosure of medical information about patients.
Republican attorneys general from states with strict abortion laws had previously urged Health and Human Services to abandon the rule, claiming it interferes with states’ authority to enforce laws. In response to the lawsuit, HHS stated that the rule stands on its own and that the administration is committed to protecting reproductive health privacy. Public officials in Texas have previously sought patient records related to gender-affirming care from out-of-state health centers.
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