Carmel Shachar expressed her concerns about the Biden administration’s reproductive health information policy, but she understands the potential legal challenges that may arise. One of her main issues was the legality of telehealth abortions under this rule and whether they would be protected or outlawed if the patient is in a state that has banned abortion. While the focus of the rule is on reproductive health information, there are other types of health information, such as gender affirming care and HIV status, that are not protected by this rule.
However, there may be challenges with this rule because while it requires the protection of 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 could put physicians and patients in a difficult position as they navigate these differing laws and potential legal consequences.
As such, it is important for the Biden administration to carefully consider these issues and ensure that their policy takes into account both federal and state regulations. It may also be necessary to work with states to find common ground on how best to protect reproductive health information while respecting individual rights and ensuring patient safety. Ultimately, it will take time and effort to create a comprehensive policy that balances these competing interests.