Carmel Shachar, a healthcare advocate, believes that the Biden administration could take more steps to safeguard reproductive health information. However, she understands the concerns about legal challenges. One of her major concerns is the legality of telehealth abortions under this rule and whether they are protected or outlawed if the patient is in a state that has banned abortion. Although the focus of the rule is on reproductive health information, other forms of health information, such as gender affirming care and HIV status, are not shielded by this rule.
There may be challenges with this rule because while it requires physicians’ hospitals to protect records about abortion, state laws may criminalize certain actions related to abortion. For instance, some states might view discussing out-of-state abortions as aiding and abetting a crime, which could lead to conflicts between federal and state regulations. This could put physicians and patients in difficult situations as they navigate these conflicting laws and potential legal consequences.
