Arkansas AG opposes records protections for out-of-state abortions
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Arkansas Attorney General Tim Griffin joined 18 other states in objecting to a proposed federal rule that would expand HIPAA to protect reproductive health information from law enforcement attempting to prosecute legal, out-of-state abortions.
Why it matters: Arkansas' strict abortion law, which bars the procedure except to save the life of the mother, means a person living here now must travel hundreds of miles out of state to reach an abortion clinic.
- Any efforts by authorities to access information from out-of-state providers could deter patients from crossing state lines to seek abortions, argued Xavier Becerra, U.S. Secretary of Health and Human Services, in proposing the rule.
Driving the news: In a June 16 letter, Mississippi Attorney General Lynn Fitch and the other AGs argued that the proposed rule is unconstitutional because it removes states' authority to enforce their own laws.
- It also could complicate states' ability to get evidence of a botched or illegal procedure if a provider transfers a patient out of state, Fitch wrote.
- The letter was first reported by Mississippi Today.
What they're saying: "The letter opposed [the proposed rule] because of the consequences of such changes on some criminal cases, particularly those involving the medical records of a defendant in a sexual assault case, for example," Griffin said in a statement to Axios.
Of note: HIPAA now allows providers to release patients' information to government officials for criminal cases, licensing enforcement, public health investigations and some other purposes.
The other side: "Attorney General Griffin is supposed to protect Arkansans and our rights — not attack us," Holly Dickson, executive director of Arkansas' ACLU chapter, said in a statement.
- "To eviscerate all rights to privacy in abortion-related health care in light of the barbaric bans is reckless and wrong."
- Plus: In a separate letter, the AGs of more than 20 other states argued the proposed rule is too permissive of "fishing expeditions" and should more strictly limit the information health care providers may release to law enforcement.
Reality check: The closest medical abortion services an Arkansas resident can access are in Overland Park, Kansas, to the west, or Carbondale, Illinois, to the east.
- Each is at least a three-hour car trip if one lives near the northwest or northeast corners of the state.