PROTECTING ELECTRONIC HEALTH RECORDS AFTER DOBBS

In the aftermath of Dobbs, states are taking dueling approaches to abortion prohibitions. Some states are enacting draconian criminal penalties for abortion providers or those helping patients seeking abortion services. Other states are doing all they can to protect patients receiving services within their borders and those who help them. Medical records are at the heart of these conflicts as they provide the best evidence of the patient’s condition and care provided.

This article assesses the likely efficacy of state efforts to protect information in electronic health records from use in prosecutions or suits for damages in abortion restrictive states. It concludes that despite both the federal HIPAA privacy rule and state law shields, protection of patient confidentiality remains uncertain.