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Morning Briefing

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Tuesday, Apr 23 2024

Full Issue

HHS Props Up Privacy Protections For Abortion Patients And Providers

The new rule, in accordance with the Health Insurance Portability and Accountability Act, lets providers rebuff efforts from those who seek to use health care info in criminal cases. Meanwhile, doctors are keeping a close eye on a case before the Supreme Court that looks at EMTALA.

Biden officials are still pressing to shore up abortion protections amid an onslaught of legal challenges, one of which is slated for Supreme Court arguments this week. The Department of Health and Human Services on Monday released a final rule that would put abortion services under the same federal privacy protections as other health care data covered by the Health Insurance Portability and Accountability Act, or HIPAA. The rule effectively allows providers to deny access to health care data that could be used to prosecute people in abortion-restrictive states. (Owermohle, 4/22)

Dr. Lauren Miller used to cry every day on her way to work. A fetal maternal medicine specialist in Idaho, Miller despaired over the possibility she might be forced to tell patients she could not help them. Idaho has one of the strictest abortion bans in the nation, which means Miller could only perform abortions to save a woman鈥檚 life 鈥 and many patients, even those facing medical emergencies with potentially deadly consequences, were not yet sick enough to qualify. (Sherman, 4/23)

Every state abortion ban has an exception to save a mother鈥檚 life. But what qualifies as a life-threatening medical emergency in Texas may not be enough for a doctor in Idaho, and even hospitals within the same state can look at an identical case and reach different conclusions. The legal and medical murkiness has physicians around the country begging state officials to clarify when they can terminate pregnancies without risking legal peril. And as they await guidance from states, stories of pregnant patients turned away from hospitals in medical emergencies or forced to wait until their vitals crash have become emblematic of the confusion unleashed when the Supreme Court鈥檚 Dobbs decision ended the federal right to an abortion in 2022. (Ollstein and Messerly, 4/23)

On 'zombie' abortion laws 鈥

A political action group is launching a campaign to deny new terms to two of the state Supreme Court justices who voted to allow the 1864 law on abortion to once again be enforced in Arizona. The organization, called Progress Arizona, is also gearing up to kill a Republican legislator鈥檚 proposal to strip voters of the right to decide whether to retain judges in office or oust them. Supreme Court Justices Clint Bolick and Kathryn King, both appointees of former Republican Gov. Doug Ducey, are on the statewide November ballot for retention. (Fischer, 4/22)

Archaic pieces of legislation are coming back to life as the fight over abortion access rages across the country ahead of the 2024 election.聽聽When the Arizona Supreme Court ruled to ban nearly all abortions in the state, it did so by upholding an 1864 law 鈥 passed before Arizona was made a state 鈥 that made performing abortions a felony.聽There are at least five other states that have similar so-called 鈥渮ombie laws鈥 on the books, which could be used to restrict or ban abortions entirely. (Choi, 4/23)

How a second Trump administration could change abortion access 鈥

Seven months before the presidential election, Donald Trump鈥檚 health care priorities remain fuzzy at best. But one thing is certain: A second Trump administration would put its own stamp on a host of critical issues that are top of mind for voters. (Owermohle, 4/23)

As former President Donald Trump moves closer to selecting his running mate, a major Democratic abortion-rights advocacy group is taking his pool of vice presidential contenders to task over their records on reproductive rights.聽EMILY鈥檚 List, a group dedicated to electing Democratic candidates who back abortion rights, is focusing its annual 鈥淥n Notice鈥 list on Trump鈥檚 ever-evolving list of running mate contenders to highlight what it calls their 鈥渆xtreme anti-abortion agenda.鈥澛(Hernandez, 4/23)

On birth control 鈥

A year鈥檚 supply of contraception would have to be covered by the state鈥檚 private health insurers under a proposal that passed the Missouri House on Monday. Rep. Tara Peters, R-Rolla, who is sponsoring the bipartisan measure, has said that because Missouri is a non-abortion state, women should have the tools they need to prevent unintended pregnancy. (Pfeil, 4/22)

The Michigan Legislature is considering two bills that could make getting access to hormonal birth control a little easier. "We find ourselves in an OB-GYN kind of desert," said state Rep. Stephanie Young, one of the bill sponsors. "They're becoming harder and harder to locate, and when we know that we have pharmacists just up the street." (Meyers, 4/22)

A research lab in Flagstaff, Ariz., is trying to leverage a 1970s discovery into a safe and desirable alternative for men who want to prevent pregnancy. (Sevigny, 4/23)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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