The Abortion Interoperability Trap

31 Pages Posted: 29 Jun 2022 Last revised: 18 Oct 2022

See all articles by Carleen Zubrzycki

Carleen Zubrzycki

University of Connecticut School of Law

Date Written: October 18, 2022

Abstract

Legislatures in blue states are trying to shield patients’ medical records from being used against them in antiabortion litigation and persecutions. The problem is, as medical records increasingly follow the patient, those records are likely to end up in the hands of actors who are not subject to safe-haven laws and who can easily be required to hand over the records to law enforcement or private litigants. Legislatures, policymakers, and private actors should all take steps to close the loopholes that allow this.

Keywords: abortion, transgender, Dobbs, Roe v. Wade, interoperability, privacy, gender-affirming care, trans, SB8, HIPAA, 21st Century Cures Act, Information Blocking, Safe harbor, safe haven, health privacy, EHRs, EMRs, electronic medical records, safe havens, shield laws, Public Act 22-19

JEL Classification: K10, I18, I28, K19, K23, Z18

Suggested Citation

Zubrzycki, Carleen, The Abortion Interoperability Trap (October 18, 2022). 132 Yale Law Journal Forum 197, 197-227 (2022), Available at SSRN: https://ssrn.com/abstract=4147900 or http://dx.doi.org/10.2139/ssrn.4147900

Carleen Zubrzycki (Contact Author)

University of Connecticut School of Law ( email )

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