Texas Files Suit to Block Rule Protecting Women’s Abortion Medical Records

AUSTIN, Texas — The state of Texas has initiated legal action against the Biden administration in an effort to block a federal regulation designed to protect the medical privacy of women who travel across state lines to obtain legal abortions.

This lawsuit targets the U.S. Department of Health and Human Services and aims to nullify a rule that was finalized in April. Filed on Wednesday in Lubbock, Texas Attorney General Ken Paxton labeled the federal government’s action as an attempt to “undermine” state law enforcement. This lawsuit marks the first legal challenge from a state with a post-Roe v. Wade abortion ban, following the Supreme Court’s decision that dismantled the federal right to abortion in 2022.

The federal rule seeks to restrict state or local officials from accessing medical records related to reproductive healthcare. This measure is designed to protect women residing in states where abortions are prohibited, ensuring their medical information cannot be used against them in any civil, criminal, or administrative investigations.

In response to the lawsuit, HHS refrained from commenting specifically but asserted that the rule “stands on its own.” The agency reiterated its commitment to safeguarding reproductive health privacy, emphasizing that a woman’s medical records should not be weaponized against her, her healthcare providers, or her supporters for accessing lawful reproductive care.

Notably, Texas has implemented an abortion ban similar to those in several other states, which protects women seeking abortions from criminal prosecution. That ban allows for enforcement through private civil suits or under criminal law, imposing severe penalties on individuals assisting women in obtaining abortions, potentially leading to sentences of up to life in prison.

While it is unclear if public officials have actively sought medical records connected to abortion, Texas has pursued records related to gender-affirming care, demanding information from at least two out-of-state healthcare centers last year. The state has laws prohibiting gender-affirming medical treatment for minors, aligning with similar measures taken by various Republican-led states.

In contrast, a coalition of at least 22 states governed by Democrats has enacted laws or executive orders aimed at protecting medical providers and patients involved in abortions from investigations by law enforcement in states where such procedures are banned.

The disputed federal regulation revises the Health Insurance Portability and Accountability Act (HIPAA) of 1996. HIPAA generally safeguards sensitive medical information from being disclosed, though law enforcement commonly accesses medical records for investigative purposes. Republican attorneys general from states with stringent abortion laws previously urged the Health and Human Services Department to withdraw the regulation when an initial draft was circulated last year. In a letter sent in 2023, these attorneys general contended that the regulation would unlawfully interfere with the enforcement of state laws.

Attorney General Paxton criticized the Biden administration’s rule, arguing that it represents a covert attempt to weaken the laws of Texas by hampering state investigations into medical practices involving abortion.

Liz McCaman Taylor, who serves as the senior federal policy counselor at the Center for Reproductive Rights, responded by stating that while federal law has historically provided robust protections for sensitive health information, Texas’s lawsuit does not stem from genuine concern for state sovereignty. Instead, she asserted that it reflects the state’s hostility toward reproductive health rights.

The legal conflict underscores the ongoing tension between state and federal authorities regarding reproductive rights in the wake of the Supreme Court’s decision to eliminate the constitutional right to abortion.