Carmel Shachar raises concerns about the Biden administration’s new rule on protecting sensitive health information. Although she acknowledges the cautious approach taken by the administration to avoid legal challenges, she believes that more could have been done to address the issues at hand. One of her key concerns is the legality of telehealth abortions under this rule, especially in states where abortion has been banned. Moreover, the rule primarily focuses on reproductive health information and does not extend protections to other types of health information that are increasingly being criminalized, such as gender affirming care and HIV status.
Shachar highlights that the rule could potentially create conflicts between federal and state laws. While HIPAA regulations require healthcare providers to protect abortion-related records, state laws may criminalize actions such as discussing abortion options with patients or providing information that could aid in obtaining a lawful abortion. This puts physicians and patients in a difficult position, caught between federal privacy regulations and state laws that may criminalize certain healthcare practices.
In conclusion, Shachar believes that the new rule may not be comprehensive enough to address the complex legal landscape surrounding reproductive and other sensitive health information. She anticipates challenges for physicians and patients as they navigate potential conflicts between federal and state laws in the realm of healthcare practices and patient privacy.
