Mississippi Attorney General Lynn Fitch and 18 other state attorneys general are challenging a proposed change to federal privacy laws that would prevent states from investigating violations of state abortion laws.
Ms. Fitch and the other attorneys general argue that Mississippi and the other respective states should be able to track this information, saying there has always been an exception for law enforcement and regulatory agencies to obtain evidence of possible violations of state laws or when such an investigation is in the interest of protecting public health.
“The proposed rule defies the governing statute, would unlawfully interfere with States’ authority to enforce their laws, and does not serve any legitimate need,” the letter says.
The attorneys general cited an example in which they believe the proposed rule change would interfere with an investigation.
“Suppose that state officials had reason to believe that an abortion provider deliberately performed an abortion in violation of state law, resulting in serious injury to the woman, and that the provider then falsified medical records and referred the woman to an out-of-state provider to cover it up,” the letter states. “State officials would clearly have a basis to investigate that provider for a potential violation of state law.”
Critics Afraid of Chilling Effect
HHS argues that allowing state authorities to investigate abortion procedures in other states would have a chilling effect on women who may be considering obtaining an abortion in a state where it is legal.“After Dobbs, the Department has heard concerns that civil, criminal, or administrative investigations or proceedings have been instituted or threatened on the basis of reproductive health care that is lawful under the circumstances in which it is provided,” HHS said in its April proposal for the rule change.
“The threat that [private health information] will be obtained and used in such an investigation or proceeding is likely to chill individuals’ willingness to seek lawful treatment or to provide full information to their health care providers when obtaining that treatment,” HHS said.
The proposed rule change comes after the June 2022 decision of the U.S. Supreme Court to overturn Roe v. Wade, the 1973 decision that prevented states from enacting their own abortion regulations.
As a result, some states like Mississippi have banned abortions in most instances.
As of July 7, 2022, abortions are allowed in Mississippi only if the woman’s life is endangered by the pregnancy or if the pregnancy was caused by a rape that was reported to law enforcement. Any person who knowingly performs or attempts to induce an abortion could be punished by up to 10 years in prison.
