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HHS to explore barring certain disclosures of abortion-related health information

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The U.S. Department of Health and Human Services on Wednesday will reportedly issue a Notice of Proposed Rulemaking that would bar the disclosure of information that could be used to investigate, sue, or prosecute patients for undergoing abortion procedures.

The agency’s Office of Civil Rights would implement the new rule under the Health Insurance Portability and Accountability Act, commonly known as HIPAA.

Should it go into effect, the new language would apply to health providers and insurers, covering people who travel to other states to obtain legal abortions in their home states as well as those who cross state lines for the procedure.

According to Politico, during a background call with reporters on Tuesday night a HHS official explained the impetus behind the proposal: “some providers get fearful when they receive a subpoena or they might feel like they have to turn the information over,” the official said, while some pregnant patients “are concerned about their medical information being misused and disclosed.” The move comes days after Judge Matthew Kacsmaryk of the U.S.

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