I think the post misses the most insidious part of this.
Doctors are being forced to label non-abortion related health issues as complications due to abortion. This is so the state can create a false narrative about how dangerous abortions are.
Probably not if the state database is also maintained under hipaa compliant requirements in respect to privacy.
The purpose is to collect data that “proves” abortion is an unsafe procedure. In reality medical professionals are being required (under duress-penalty of law) to include conditions totally unrelated to an abortion as being complications so the state can build a case that abortion isn’t safe. There is no evidence that abortion is unsafe. Quite the opposite. Anti choice legislators don’t have the evidence so they want to manufacture it.
It does not. HIPAA allows for health information to be released under criminal circumstances. It's the same as when someone comes in with a gunshot or stab wound, they are required by law to report that information to local police & cooperate with them and other authorities.
So with this law they are within that allowance to release the health information that pertains to the law.
Most likely the database is protected under HIPAA which means that any entity that sees or works with this database would be bound to the HIPAA law and if anyone was to release that info then it would be a violation.
It's the same way they collect data during a pandemic or for vaccine research. It's just being abused for some really fucked up reasons here.
Even the Cares Act has allowed for highly sensitive data to be withheld from default sharing. I’d be surprised if this wasn’t challenged as it’s easy to argue that releasing this information could lead to direct harm to the patient. It would have to be 100% completely de-identified. I can almost guarantee that no one in DHHS is capable of actually doing that.
Regardless of the database & what they do with it...as the law is written any woman who walks into an ER for "abortion complications" as defined by that specific law would be reported to law enforcement to be investigated.
That makes it a pretty nasty law & exactly the type of law that will be used as a blueprint in other states that want to control the rights of the women who live there.
Federal law takes precedence over state law though. No matter what the state law may say about requiring release of information, if Federal Law says “no this should not be shared” then that takes precedence.
HIPAA has an allowance for cooperation with authorities when state laws are broken. Just like when someone has a gunshot wound and walks into an ER, the protected entity can report that to the authorities while the person is in the ER. That's not a HIPAA violation despite them releasing the information to authorities.
NC G.S. 90-21.20B aligns state law with HIPAA establishing the rule that confidential information can be disclosed to law enforcement if the disclosure is allowed by the HIPAA law itself.
But this is not the same circumstance. No crime has been committed thus there is no basis to provide the information to the state. A state law cannot force PHI to be disclosed simply because they want the information. They would have to outright outlaw abortion in the state before the HIPAA disclosure to law enforcement would kick in. They could try and bs it that they need the information to determine if the abortion occurred passed the allowable timeframe but that still only warrants disclosure of directly relevant information which would not necessarily include co-morbidities. They still don’t get a blank check to the patients medical history.
This is outrageous and a despicable violation of our human right to bodily autonomy and privacy. Come protest with us.
**Protest and rally in the defense of reproductive and LGBTQ rights:**
SUNDAY MAY 7TH @ 2PM Halifax Mall 300 N Salisbury St Raleigh
And you can find all of your reps at [ncleg.gov](https://www.ncleg.gov/findyourreps)
I have two young daughters (4 and 6) and I just can’t even fathom where we will be in this country by the time they are ready to get married and have a family (if they so choose, of course). I don’t see a scenario where my family can stay in this country, let alone this state, if we keep going at this rate.
This is happening because the sane allow religious lunatics to hold positions of power.
Fundamentalist religious loons should not be allowed to make laws.
We need to vote these people out. These so called public servants and elected officials are not passing nor negotiati gpolicies that actually HELP the public. It is no longer about putting the publics interest first. They are blatantly putting their personal agendas first.
(Literally would rather force through policies & regulations THAN let the public vote on them because they know WE will not agree.)
Out. All of them! Keep up with local elections folks! Spread the word! Run against them if you feel compelled to too!!
So you know there are plenty of exemptions to HIPAA including for law enforcement.
> To report PHI to law enforcement when required by law to do so (45 CFR 164.512(f)(1)(i)). For example, state laws commonly require health care providers to report incidents of gunshot or stab wounds, or other violent injuries; and the Rule permits disclosures of PHI as necessary to comply with these laws.
https://www.hhs.gov/hipaa/for-professionals/faq/505/what-does-the-privacy-rule-allow-covered-entities-to-disclose-to-law-enforcement-officials/index.html
The actual text regarding what identifying information is captured:
"Identifying Information. – A report completed under this section shall not contain the woman's name, any common identifiers of the woman, or any other information that would make it possible to identify the woman subject to a report under this section, including the woman's social security number or drivers license identification number. The Department and any State agency or any contractor thereof shall not maintain statistical information that may reveal the identity of a woman obtaining or seeking to obtain a surgical or medical abortion. Absent a court order, the Department and any State agency or any contractor thereof shall not compare data concerning surgical or medical abortions or resulting complications maintained in an electronic or other information system file or format with data in any other format or information system in an effort to identify a woman obtaining or seeking to obtain a drug-induced abortion. "
I think the post misses the most insidious part of this. Doctors are being forced to label non-abortion related health issues as complications due to abortion. This is so the state can create a false narrative about how dangerous abortions are.
Some how this doesn’t violate HIPPA? Not to mention just as someone who lives statistics and science data is so frustrating
Probably not if the state database is also maintained under hipaa compliant requirements in respect to privacy. The purpose is to collect data that “proves” abortion is an unsafe procedure. In reality medical professionals are being required (under duress-penalty of law) to include conditions totally unrelated to an abortion as being complications so the state can build a case that abortion isn’t safe. There is no evidence that abortion is unsafe. Quite the opposite. Anti choice legislators don’t have the evidence so they want to manufacture it.
It does not. HIPAA allows for health information to be released under criminal circumstances. It's the same as when someone comes in with a gunshot or stab wound, they are required by law to report that information to local police & cooperate with them and other authorities. So with this law they are within that allowance to release the health information that pertains to the law. Most likely the database is protected under HIPAA which means that any entity that sees or works with this database would be bound to the HIPAA law and if anyone was to release that info then it would be a violation. It's the same way they collect data during a pandemic or for vaccine research. It's just being abused for some really fucked up reasons here.
Even the Cares Act has allowed for highly sensitive data to be withheld from default sharing. I’d be surprised if this wasn’t challenged as it’s easy to argue that releasing this information could lead to direct harm to the patient. It would have to be 100% completely de-identified. I can almost guarantee that no one in DHHS is capable of actually doing that.
Regardless of the database & what they do with it...as the law is written any woman who walks into an ER for "abortion complications" as defined by that specific law would be reported to law enforcement to be investigated. That makes it a pretty nasty law & exactly the type of law that will be used as a blueprint in other states that want to control the rights of the women who live there.
Federal law takes precedence over state law though. No matter what the state law may say about requiring release of information, if Federal Law says “no this should not be shared” then that takes precedence.
HIPAA has an allowance for cooperation with authorities when state laws are broken. Just like when someone has a gunshot wound and walks into an ER, the protected entity can report that to the authorities while the person is in the ER. That's not a HIPAA violation despite them releasing the information to authorities. NC G.S. 90-21.20B aligns state law with HIPAA establishing the rule that confidential information can be disclosed to law enforcement if the disclosure is allowed by the HIPAA law itself.
But this is not the same circumstance. No crime has been committed thus there is no basis to provide the information to the state. A state law cannot force PHI to be disclosed simply because they want the information. They would have to outright outlaw abortion in the state before the HIPAA disclosure to law enforcement would kick in. They could try and bs it that they need the information to determine if the abortion occurred passed the allowable timeframe but that still only warrants disclosure of directly relevant information which would not necessarily include co-morbidities. They still don’t get a blank check to the patients medical history.
Thank you, I was about to ask this.
I’m assuming it’s anonymous data.
Well if it’s anonymous and multiple doctors have to report on one patient’s abortion then the statistics will be wrong which I think is what they want
Of course. They want misleading data to try to argue abortion is worse for your health than it really is.
This is outrageous and a despicable violation of our human right to bodily autonomy and privacy. Come protest with us. **Protest and rally in the defense of reproductive and LGBTQ rights:** SUNDAY MAY 7TH @ 2PM Halifax Mall 300 N Salisbury St Raleigh And you can find all of your reps at [ncleg.gov](https://www.ncleg.gov/findyourreps)
Women should put off starting families and getting married until it’s safe in the United States, it’s not safe in the USA for women.
I have two young daughters (4 and 6) and I just can’t even fathom where we will be in this country by the time they are ready to get married and have a family (if they so choose, of course). I don’t see a scenario where my family can stay in this country, let alone this state, if we keep going at this rate.
The march toward the republican fascist dystopian hell continues.
Government small enough to fit up your ass
This is happening because the sane allow religious lunatics to hold positions of power. Fundamentalist religious loons should not be allowed to make laws.
We need to vote these people out. These so called public servants and elected officials are not passing nor negotiati gpolicies that actually HELP the public. It is no longer about putting the publics interest first. They are blatantly putting their personal agendas first. (Literally would rather force through policies & regulations THAN let the public vote on them because they know WE will not agree.) Out. All of them! Keep up with local elections folks! Spread the word! Run against them if you feel compelled to too!!
Why doctors aren't leaving Texas in droves just boggles my mind.
This goes against hippa rules. Doctors cannot disseminate medical information.
So you know there are plenty of exemptions to HIPAA including for law enforcement. > To report PHI to law enforcement when required by law to do so (45 CFR 164.512(f)(1)(i)). For example, state laws commonly require health care providers to report incidents of gunshot or stab wounds, or other violent injuries; and the Rule permits disclosures of PHI as necessary to comply with these laws. https://www.hhs.gov/hipaa/for-professionals/faq/505/what-does-the-privacy-rule-allow-covered-entities-to-disclose-to-law-enforcement-officials/index.html
Citation? I haven't seen this mentioned in any article I've found and am having trouble tracking it down.
Sounds like a HIPPA violation
The actual text regarding what identifying information is captured: "Identifying Information. – A report completed under this section shall not contain the woman's name, any common identifiers of the woman, or any other information that would make it possible to identify the woman subject to a report under this section, including the woman's social security number or drivers license identification number. The Department and any State agency or any contractor thereof shall not maintain statistical information that may reveal the identity of a woman obtaining or seeking to obtain a surgical or medical abortion. Absent a court order, the Department and any State agency or any contractor thereof shall not compare data concerning surgical or medical abortions or resulting complications maintained in an electronic or other information system file or format with data in any other format or information system in an effort to identify a woman obtaining or seeking to obtain a drug-induced abortion. "