Texas has filed a lawsuit against the Biden administration to challenge a federal rule designed to protect the privacy of women seeking abortion care in states where it remains legal. The suit, initiated by Republican Attorney General Ken Paxton in federal court, aims to overturn a regulation issued by the Department of Health and Human Services (HHS) that shields certain reproductive health records from being accessed by state or local officials investigating women who travel across state lines for abortion services.

The rule, which is an update to the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule, was finalized in April and prohibits healthcare providers and insurers from sharing protected health information about reproductive health care with state or local law enforcement for criminal, civil, or other types of investigations. The regulation is meant to safeguard women who live in states where abortion is banned but who travel to states for care where abortion is legal.

The Texas lawsuit argues that this federal rule interferes with the state's ability to enforce its abortion ban, which includes criminal penalties for those assisting in obtaining an abortion. Paxton contends that the rule illegally restricts state law enforcement’s access to medical records, thereby “undermining” Texas's ability to investigate and enforce its laws. Texas claims the regulation violates the Administrative Procedure Act (APA), a federal statute that dictates the processes federal agencies must follow when creating new regulations. In a statement, Paxton described the Biden administration’s initiative as showing "disrespect for the law."

According to AP News, the lawsuit also seeks to challenge a 2000 HIPAA rule that allows providers and insurers to limit the disclosure of health information to law enforcement, which Texas claims is frequently cited as a reason not to comply with subpoenas related to state investigations. The state argues that this provision further hampers its efforts to investigate potential violations of its abortion laws.

The legal challenge comes amid heightened tensions over reproductive rights in the United States following the Supreme Court’s 2022 decision to overturn Roe v. Wade, ending the constitutional right to abortion and allowing individual states to determine their own abortion laws. Texas is among several states that have enacted strict abortion bans since the ruling. While Texas law does not criminalize women who seek abortions, it does impose severe penalties on anyone who assists them, including medical professionals and providers.

A representative for HHS stated that the Biden administration is committed to protecting reproductive health privacy and has defended the rule as necessary to ensure that individuals' women’s medical records cannot be weaponized against them for seeking lawful reproductive care.

By targeting the HHS rule, Texas is effectively challenging the federal government’s ability to set nationwide standards for health information privacy, particularly in the area of reproductive health.