Ahead of abortion ban, Indiana AG opposes block to reproductive records

 

SOUTH BEND, Ind. -- A group of 19 attorney generals signed a letter to the U.S. Department of Health and Human Services (HHS), opposing a proposed amendment to medical privacy law.

The federal government aims to prohibit the disclosure of reproductive healthcare records to investigative bodies by amending the Health Insurance Portability and Accountability Act of 1996 (HIPAA). However, the conservative attorney generals that signed the letter, penned by Mississippi AG Lynn Fitch, say the proposal is unconstitutional.

One of those AGs is Todd Rokita of Indiana.

The fear among pro-choice advocates is that attorney generals like Rokita will open investigations into out-of-state abortions.

After the overturning of Roe V. Wade, the Hoosier state was one of the first to pass a near-total abortion ban. That ban officially goes into effect August 1. The Supreme Court “Dobbs” decision made abortion a state, not federal, issue. This meant the right to an abortion was no longer protected under the Constitution.

Now, the HHS is proposing a change to HIPAA that would essentially block investigators, like prosecutors or police, from obtaining reproductive healthcare records.

The letter states in part:

“Other States have taken steps—informed by the will of their citizens—to regulate or restrict abortion...

The Administration, however, has pushed a false narrative that States are seeking to treat pregnant women as criminals or punish medical personnel who provide lifesaving care. Based on this lie, the Administration has sought to wrest control over abortion back from the people in defiance of the Constitution and Dobbs...

Rather than respect the decisions of some States to regulate abortion, the Biden Administration has instead sought to wrest control over abortion back from the people and their elected representatives...

Federal agencies have heeded the President’s call and pursued a nationwide regime of elective abortion in defiance of contrary decisions by the peoples’ representatives in many States...

The proposed rule here continues the Administration’s efforts to override state abortion laws...

Published on April 17, 2023, the proposed rule—HIPAA Privacy Rule To Support Reproductive Health Care Privacy—would drastically reshape the existing HIPAA Privacy Rule...

The proposed rule would prohibit a regulated entity’s disclosure of PHI ‘for a criminal, civil, or administrative investigation into or proceeding against any person in connection with seeking, obtaining, providing, or facilitating reproductive health care’ in three general circumstances...”

But pro-choice advocates say this argument is more about making sure the abortion bans are enforced, and the fear it would open the door for investigations into women traveling out of state for reproductive care.

April Lidinsky is one such advocate, and she’s on the board of Pro-Choice South Bend. She is a women and gender studies professor at Indiana University South Bend.

“Any of us who have been inside those decisions know these are complicated. But the law is not,” she said. “My understanding is they would like to be able to open medical records so that they can prosecute medical providers.”

"This is deeply anti-democratic,” she continued. “Since when do we go after people who are seeking care for medical care, especially following people out of state? And it should alarm not just people who want to protect abortion access, but anybody who has a miscarriage right now in Indiana, is going to really have to think about 'what do I do, what's safe for me?'"

Lidinsky said she fears the new ban could lead to worse medical outcomes for some women too, particularly women of color.

“This seems to be a very clear political ploy rather than an actual concern for the medical outcomes of people in Indiana,” she said. “It’s another layer of both what Attorney General Rokita is doing and what these bans do. They sow confusion about what kind of medical care we can seek, and the outcomes of that can be fatal, as we know.”

Ahead of the ban, Pro-Choice South Bend is hosting an event, “Bans Off Our Bodies.” The event page can be found here. It starts at 6:30 p.m. on Monday at the South Bend Civil Rights Heritage Center.

Both AG Rokita and Right to Life Michiana declined interviews with ABC57 for this story.