States as Laboratories of Post-Dobbs Medical Privacy Solutions
Explore the challenges and solutions surrounding medical record privacy as they move across state lines. Discover the impact of new laws, federal regulations, and bold state legislation on protecting medical information. Learn about the proposed amended HIPAA Privacy Rule and innovative approaches to safeguarding healthcare data.
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Presentation Transcript
STATES AS LABORATORIES OF POST-DOBBS MEDICAL PRIVACY New Laws Protecting Medical Records Carleen (Carly) Zubrzycki Associate Professor University of Connecticut School of Law
The Problem Interoperable electronic medical records move near-automatically across state lines + Care that is protected in some states but criminalized elsewhere (including threats of cross- state enforcement) For more on this: Carleen Zubrzycki, The Abortion Interoperability Trap, 132 Yale L. J. Forum 197 (2022) https://www.yalelawjournal.org/forum/the-abortion-interoperability-trap
Solutions: Federal Regs Various promising regs that went nowhere, then: April 2024: Amended HIPAA Privacy Rule Use-based restrictions: records still flow freely within medical system prohibits disclosing information in civil or criminal investigations targeted to healthcare that is lawful in the state where it was received, but not where it was offered. Info can only be disclosed if requester attests that investigation is not related to legal healthcare.
Solutions: Bold State Legislation States: States: May 2023: Maryland enacts HB 812 (Md. Code, HG 4-302.5) September 2023: California enacts AB 352 (Cal. Civ. Code 56.101 (2023) NY: Others to come? Directly prohibit transfer of information related to protected care across state lines. Technology-forcing
THEY SAID IT COULDN T BE DONE
Important but not all upside.
