Roe v. Wade’s fall shows the limits of medical record privacy - The Verge

Most patients have limited control over their medical records, and those records can be used against people suspected of having an abortion. Records are hard to modify and can move from place to place without consent.

The end of federal abortion rights quickly made a common, safe medical procedure illegal in many parts of the United States and turned routine medical data into something that can be used against people suspected of having an abortion.

Despite being highly sensitive, health data often isn’t as private as people might assume. There isn’t much preventing medical records from being weaponized against people seeking abortions in states where it is illegal. Even though medical records contain sensitive, personal information, most people don’t have much control over the information in them or how they are shared.

Medical privacy laws like the Health Insurance Portability and Accountability Act (HIPAA), don’t stop subpoenas or warrants for medical records data, and under those laws, doctors are able to share medical information if they suspect a crime has occurred. “If you’re in a state where something is just flat out illegal, there aren’t really legal protections that prevent your medical records from being used against you,” says Carly Zubrzycki, a health law professor at the University of Connecticut School of Law.

Most patients don’t own their own medical records. Only one state — New Hampshire — gives people explicit ownership over their medical records. In some other states, laws specifically say that medical providers or hospitals own the records. “Most health systems will claim it’s their property,” says Eric Perakslis, the chief science and digital officer at the Duke Clinical Research Institute. “And that they have a right to it.”

HIPAA, the law governing medical privacy, requires that people are able to see their full medical records. But research shows that the process is often complicated and that clinicians sometimes don’t comply with policies designed to help people access their records. Even if someone manages to get full access, it can sometimes be missing things like clinicians’ notes or other details. Tracking down the complete picture can be difficult for anyone without the time and resources to advocate for themselves.

https://www.theverge.com/2022/6/29/23188211/medical-records-privacy-dobbs-roe

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