Carmel Shachar believes that the Biden administration should take stronger measures to safeguard reproductive health information, but she recognizes the legal challenges that may arise. One of her main concerns is the legality of telehealth abortions under this rule and whether they are shielded or outlawed if the patient is located in a state where abortion has been banned. The focus of this rule is on protecting reproductive health information, but it does not extend to other types of health data, such as gender-affirming care or HIV status.
There are potential legal issues with this rule because while it mandates the protection of records about abortion in physicians’ hospitals, state laws may criminalize certain actions related to abortion. For instance, state laws might consider discussing out-of-state abortions as aiding and abetting a crime, leading to a conflict between federal and state regulations. This could place physicians and patients in a precarious position as they navigate these conflicting laws and potential legal consequences.
Carmel Shachar emphasizes that while reproductive health information must be protected, there are other types of health data that require safeguarding as well. As such, she calls on the Biden administration to expand its efforts to protect all forms of sensitive health information from unauthorized access or disclosure.
In conclusion, while the Biden administration’s efforts to protect reproductive health information are commendable, there are still legal challenges that must be addressed. These challenges stem from conflicting federal and state regulations and could put physicians and patients at risk if not resolved promptly. Carmel Shachar suggests that the administration expand its efforts to safeguard all types of sensitive health data to ensure that individuals have control over their personal information.