Carmel Shachar believes that the Biden administration should take stronger measures to safeguard reproductive health information. She acknowledges the concerns about legal challenges but raises an important issue about the legality of telehealth abortions under this rule. While the focus is on protecting records about abortion in physicians’ hospitals, state laws may criminalize certain actions related to abortion.
For example, state laws might consider discussing out-of-state abortions as aiding and abetting a crime, creating a conflict between federal and state regulations. This puts physicians and patients in a difficult position as they navigate these differing laws and potential legal consequences.
Shachar also points out that while the rule aims to protect reproductive health information, it does not extend to other types of health information such as gender affirming care and HIV status. This highlights the need for broader legislation that protects all health information from being accessed or shared without consent.
In conclusion, while there are challenges with this rule, it is important for the Biden administration to go further in protecting reproductive health information and ensuring that patients have access to safe and legal healthcare services.