Texas sues to stop a rule that shields the medical records of women who seek abortions elsewhere
AUSTIN, Texas — Texas has sued the Biden administration to try to block a federal rule that would medical records of women from criminal investigations when they cross state lines to abortion where it is legal.
The lawsuit against the U.S. Department of Health and Human Services seeks to overturn a rulemaking finalized in April. In the lawsuit filed Wednesday in Lubbock, the state’s Republican attorney general said Ken Paxton accused the federal government of trying to “undermine” the state’s law enforcement capabilities. It appears to be the first legal challenge to a state’s abortion ban that went into effect after the U.S. Supreme Court ruled in 2022 that Roe v. Wade Overturned and ended the nationwide right to abortion.
The rule essentially prohibits state or local officials from collecting medical records related to reproductive health care for any civil, criminal, or administrative investigation of providers or health insurers in a state where abortion remains legal. It is intended to protect women who live in states where abortion is illegal.
In a statement, HHS declined to comment on the lawsuit, but said the rule “stands alone.”
“The Biden-Harris Administration remains committed to protecting reproductive health privacy and ensuring that no woman’s medical records are used against her, her doctor, or her loved one simply because she received the lawful reproductive care she needed,” the agency said.
Texas’ abortion ban, like other states, exempts women seeking abortions from criminal charges. The ban allows for enforcement through private civil action or through the state’s criminal laws, which are punishable by up to life in prison for anyone found responsible for helping a woman obtain an abortion.
It is unclear whether government officials have requested patients’ medical records related to abortion. But the state has requested records related to gender-affirming care, demanding them at least two out-of-state health centers last year. Like many Republican-controlled states, Texas bans gender-affirming care for minors.
At least 22 Democratic-controlled states have laws or executive orders aimed at protecting medical providers or patients who participate in abortions from investigations by law enforcement agencies in states where abortions are banned.
The federal regulation in question is an update of the Health Insurance Portability and Accountability Act of 1996, which prohibits medical providers and health insurers from providing medical information about patients. Normally, however, law enforcement agencies can access that data for investigations.
A group of Republican attorneys general, all from states with strict abortion laws, had urged Health and Human Services to drop the rule when a draft was released last year. In a 2023 letter to HHS, the group said the regulations would unduly interfere with states’ ability to enforce laws.
“With this rule, the Biden administration is making a backdoor attempt to weaken Texas law by undermining examinations of state laws governing medical procedures,” Paxton said in a press release.
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Associated Press reporter Jamie Stengle contributed from Dallas.