STAT June 24, 2022
With Roe v. Wade now overturned, patients are wondering whether federal laws will shield their reproductive health data from state law enforcement, or legal action more broadly. The answer, currently, is no.
If there’s a warrant, court order, or subpoena for the release of those medical records, then a clinic is required to hand them over. And patients and providers may be made legally vulnerable by the enormous trail of health-related data we all generate through our devices every day.
As far as health records go, the most salient law is HIPAA — the Health Insurance Portability and Accountability Act. It’s possible that federal officials could try to tweak it, so that records of reproductive care or abortion receive extra...