The Abortion Interoperability Trap
31 Pages Posted: 29 Jun 2022 Last revised: 18 Oct 2022
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: Suggested Citation