Texas Attorney General Ken Paxton sues Biden administration over a new rule protecting reproductive health privacy, claiming it obstructs state investigations into illegal abortions.
At a Glance
- Texas AG Ken Paxton filed a lawsuit against the U.S. Department of Health and Human Services
- The lawsuit aims to block a new rule restricting access to reproductive health information
- Paxton argues the rule contradicts HIPAA and weakens state investigative powers
- The rule is set to take effect in December unless legally challenged
Texas Takes Legal Action Against Biden Administration
Texas Attorney General Ken Paxton has filed a lawsuit against the Biden administration, challenging a new rule that limits access to reproductive health information. The suit, filed in Federal District Court in Lubbock, targets the U.S. Department of Health and Human Services (HHS) and other administration officials. Paxton argues that this regulation will impede state efforts to investigate illegal abortions and associated criminal activities, thus infringing on state powers.
The contested rule, known as the HIPAA Privacy Rule to Support Reproductive Health Care Privacy, was issued in response to the Supreme Court’s 2022 decision to overturn Roe v. Wade. It aims to protect the privacy of information on abortion, contraception, and fertility treatments in states where these services are legal. The rule is scheduled to take effect in December unless judicially interrupted.
Paxton’s Arguments Against the Rule
Paxton contends that the new rule contradicts the Health Insurance Portability and Accountability Act (HIPAA), which preserves states’ investigative authority. He argues that the Biden administration is attempting to weaken Texas’s laws and undermine state investigations related to medical procedures.
“This new rule actively undermines Congress’s clear statutory meaning when HIPAA was passed, and it reflects the Biden Administration’s disrespect for the law,” said Attorney General Paxton. “The federal government is attempting to undermine Texas’s law enforcement capabilities, and I will not allow this to happen.” – Source
The lawsuit seeks to vacate both the 2024 HIPAA privacy rule and the 2000 HIPAA privacy rule, arguing they exceed statutory authority and are arbitrary and capricious. Texas claims the rule has already blocked law enforcement access to reproductive health information in at least one instance.
Implications for Texas Law Enforcement
Texas has stringent abortion laws, banning the procedure in almost all circumstances and imposing severe penalties for those aiding in obtaining abortions. The state argues that the new rule improperly gives healthcare organizations the authority to decide the legality of reproductive health services, rather than law enforcement. This, according to Paxton, undermines the state’s ability to enforce its own laws.
Attorney General Ken Paxton Sues Biden Administration Over Rule Forcing Health Entities to Provide Contraceptives To Minors Without Parental Consent, in Violation of State Law: https://t.co/mrB1sJsO6f
— Texas Attorney General (@TXAG) July 25, 2024
The lawsuit also challenges the attestation requirements for law enforcement to access reproductive health information, deeming them too restrictive. Texas contends that HIPAA preserves law enforcement’s right to use personal health information in criminal cases and does not grant HHS authority to change state information collection methods.
Biden Administration’s Stance
The Biden administration defends the rule as a necessary measure to protect women’s privacy and reproductive rights in the wake of the Dobbs decision. HHS’ Office for Civil Rights (OCR) director Melanie Fontes-Rainer emphasized the rule’s intent to safeguard medical records and reduce the burden on healthcare providers.
“When a woman goes home, her medical records will be protected … for home providers who literally had nothing to do with the care she received in the first instance. They will be protected and they’ll be able to say, ‘No, you cannot have this information,’ and the provider in the state where she traveled will also be protected from folks reaching in to go after that type of medical care,” Fontes-Rainer said.
As the legal battle unfolds, the outcome of this lawsuit could have significant implications for reproductive health privacy and state law enforcement capabilities across the nation. The case highlights the ongoing tension between federal efforts to protect reproductive rights and state attempts to restrict abortion access in the post-Roe era.
