Texas Sues to Block Federal Rule Protecting Abortion-Related Medical Records
(AP) — Texas is challenging a federal rule that shields the medical records of women who seek abortions in other states. The lawsuit, filed Wednesday in Lubbock by Republican Attorney General Ken Paxton, targets the U.S. Department of Health and Human Services (HHS) and aims to overturn a regulation finalized in April.
Texas Accuses Federal Government of Undermining State Law
Paxton argues that the new federal rule interferes with Texas’ law enforcement efforts, stating it “undermines” the state’s authority to enforce its abortion ban. This lawsuit marks the first legal challenge of its kind from a state with an abortion ban since the U.S. Supreme Court overturned Roe v. Wade in 2022, ending the national right to abortion.
HHS declined to comment on the lawsuit, but a spokesperson emphasized the agency’s commitment to privacy. “The Biden-Harris Administration remains committed to protecting reproductive health privacy and ensuring that no woman’s medical records are used against her,” the agency stated.
Abortion Ban Enforcement and Privacy Concerns
Texas’ abortion ban exempts women seeking abortions from criminal charges but allows enforcement through private lawsuits or criminal statutes, which could lead to life imprisonment for those assisting with abortions. It remains unclear whether Texas has pursued abortion-related medical records, though it sought gender-affirming care records from two out-of-state providers last year.
At least 22 Democratic-controlled states have enacted protections to shield abortion providers and patients from investigations in states with bans, further complicating enforcement efforts across state lines.
Federal Rule Aims to Protect Reproductive Health Records
The contested federal rule updates the Health Insurance Portability and Accountability Act (HIPAA) of 1996, restricting state officials from accessing medical records related to reproductive health care for investigations. The rule aims to protect women from states where abortion is illegal if they receive care in states where it remains legal.
Republican attorneys general from states with strict abortion bans previously urged HHS to abandon the rule, arguing it undermines state sovereignty. Paxton criticized the regulation, saying, “The Biden Administration makes a backdoor attempt at weakening Texas’s laws.”
Liz McCaman Taylor from the Center for Reproductive Rights countered, stating the lawsuit reflects hostility toward reproductive health rather than concerns over state authority.
This legal battle will determine whether state investigations can access sensitive medical records, potentially impacting the enforcement of abortion bans across the U.S.ion to try to block a federal rule that shields the medical records of women from criminal investigations if they cross state lines to seek abortion where it is legal.
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