The Biden administration is tightening rules for obtaining medical records related to abortion

WASHINGTON — Women’s medical records will be protected from criminal investigation if they cross state lines to seek an abortion where it is legal, under a new rule the Biden administration finalized Monday.

The regulation, which is intended to protect women living in states where abortion is illegal from prosecution, will almost certainly face legal challenges from anti-abortion advocates and criticism from abortion rights advocates that it does not go far enough.

“No one should have their medical information used against themselves, their doctor or their loved one simply because they sought or received legitimate reproductive health care,” Jennifer Klein, director of the White House Gender Policy Council, told reporters on Monday.

The new regulation is an update to the Health Insurance Portability and Accountability Act of 1996, which prohibits medical providers and health insurers from disclosing medical information about patients. However, law enforcement normally has access to this data for investigations.

In states with strict abortion regulations, federal regulations would essentially prohibit state or local officials from collecting medical records related to reproductive health care for a civil, criminal, or administrative investigation in a state where abortion remains legal.

In theory, it will provide the most coverage to women who leave states with strict bans on seeking an abortion from a medical provider in a state that allows it.

“As someone who sees patients from all over the country at our health center in DC, it is a reality. I’ve had patients ask…are there any consequences for me if I go home?” said Dr. Serina Floyd, a gynecologist who performs abortions in Washington.

The new regulation would not protect a woman who orders an abortion pill from her home in a state like Mississippi, where abortion is largely banned, from a provider in Illinois, where it is legal.

The country’s top health official acknowledged Monday that the regulation has limitations — and could be legally challenged.

“Until we have a national law that reinstates Roe v. Wade, we’re going to have problems,” Xavier Becerra said. “But that doesn’t stop us from doing everything we can to protect the right of all Americans to access the care they need.”