Biden Proposes Tighter Privacy Rules Around Abortions

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Facts

  • The US Dept. of Health and Human Services (HHS) has proposed new privacy protections to prevent women's health information from being used to take legal action or investigate individuals who have had or have helped the occurrence of an abortion.1
  • The proposal was issued Wednesday with the intent to be added to the Health Insurance Portability and Accountability Act (HIPAA). The same day, VP Kamala Harris met with the White House Task Force on Reproductive Health Care Access to discuss the potential new rule.2
  • The rule states that if an organization receives a request for private health information, the request must be paired with a 'signed attestation' that the use or disclosure of the information isn't for a 'prohibited purpose.'3
  • The proposal is reportedly intended to protect women living in states where abortion is illegal who have or intend to travel across state lines for the medical procedure. The rule is to be finalized following a 60-day public comment period.4
  • Companies including JPMorgan, Amazon, and Disney have previously stated that they would pay travel costs for employees seeking out-of-state abortions and would provide reimbursement through company healthcare plans. It's currently unclear whether the proposed rule would, in reality, limit criminal investigations.1
  • This comes as Idaho Gov. Brad Little recently signed legislation — the first of its kind — barring adults from helping minors get an abortion without parental consent. Idaho borders states such as Washington, Oregon, and Montana, where abortion is legal.5

Sources: 1Reuters, 2Politico, 3The new republic, 4Nasdaq and 5The tablet.

Narratives

  • Democratic narrative, as provided by Bostonglobe.com. While Idaho's interstate abortion travel ban is as extreme as it sounds, the law doesn't go nearly as far as many abortion opponents want. If a national ban doesn't work, pro-lifers will ban any such travel within the US. As evinced by the overturning of Roe v. Wade, progressive shield laws are becoming evermore important as sentiments against interstate abortion continue to grow.
  • Republican narrative, as provided by FOX News. Critics of abortion interstate travel bans are leaving out a key detail: So far, laws such as Idaho's only apply to unemancipated minors, a factor that has been noticeably absent from media reactions. Such laws still sit on the right side of the Constitution and are being spun wildly out of proportion by the opposition.
  • Cynical narrative, as provided by Boulder daily camera. Regardless of one's opinion on the matter of abortion, the divisions between state laws are growing and becoming increasingly unsustainable. Major issues such as abortions, gun rights, and public schools are by nature divisive; however, considering the can of worms that the Supreme Court opened last summer, the need for Congress to codify a national policy regarding abortion rights is essential. Only this way can a middle ground be carved out in which many can find comfort.

Predictions