HIPAA won't protect you if prosecutors want your reproductive health records
With Roe v. Wade now overturned, patients are wondering whether federal laws will shield their reproductive health data from state law enforcement, or legal action more broadly. The answer, currently, is no.
If theres a warrant, court order, or subpoena for the release of those medical records, then a clinic is required to hand them over. And patients and providers may be made legally vulnerable by the enormous trail of health-related data we all generate through their devices every day.
As far as health records go, the most salient law is HIPAA the Health Insurance Portability and Accountability Act. Its possible that federal officials could try to tweak it, so records of reproductive care or abortion receive extra protection, but legal experts say thats unlikely to stand up in the courts in a time when many judges tend to be unfriendly to executive action.
While abortion will remain legal in many states, 22 have laws on the books that will ban the procedure or lead to severely restricted access to it, according to the Guttmacher Institute.
https://www.statnews.com/2022/06/24/hipaa-wont-protect-you-if-prosecutors-want-your-reproductive-health-records/