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Schakowsky, DeGette, Jacobs, 31 House Democrats Demand HHS Enforce HIPAA Privacy Rule, Protect Reproductive Health Care Privacy

July 23, 2025

Full Text of Letter (PDF)

WASHINGTON – Today, U.S. Representatives Jan Schakowsky (IL-09), Diana DeGette (CO-01), and Sara Jacobs (CA-51) led 31 House Democrats in a letter to Secretary Robert F. Kennedy Jr. demanding the U.S. Department of Health and Human Services (HHS) uphold protections for private health information related to reproductive care. This action follows the June 2025 decision by the U.S. District Court for the Northern District of Texas in Purl v. Department of Health and Human Services, vacating most provisions of the HIPAA Privacy Rule to Support Reproductive Health Care Privacy.

“Emerging threats to reproductive health data privacy raise serious concerns about the safety and confidentiality of patients seeking care,” wrote the lawmakers. “The prospect of a health care provider disclosing a patient’s medical records to investigate and criminalize their reproductive health care decisions threatens patient-provider confidentiality and deters individuals from accessing lifesaving services.

In the year following the Dobbs decision, over 200 women faced criminal charges for conduct related to pregnancy, pregnancy loss, or birth. Of these, 22 women were criminally prosecuted for experiencing a pregnancy loss.

“The Purl decision effectively eliminates the privacy protections for reproductive health care, including restrictions on protected health information disclosures and attestation requirements,” concluded the lawmakers. “In the absence of these provisions, you have a duty to defend patients and providers, mitigate legal uncertainty, and assert agency authority to protect sensitive health information.”

Last year, under President Joe Biden, the HHS Office for Civil Rights issued a final rule to modify and strengthen the HIPAA Privacy Rule. The Final Rule prohibited a covered health care provider, health plan, or health care clearinghouse from sharing protected health information to investigate or impose liability on an individual for accessing, facilitating, or delivering legal reproductive health care.

In addition to Reps. Schakowsky, DeGette, and Jacobs, the letter was signed by Reps. Donald Beyer, Julia Brownley, Sean Casten, Judy Chu, Yvette Clarke, Steve Cohen, Danny Davis, Suzan DelBene, Mark DeSaulnier, Veronica Escobar, Lizzie Fletcher, Maggie Goodlander, Adam Gray, Julie Johnson, Robin Kelly, Ro Khanna, Doris Matsui, Jennifer McClellan, Betty McCollum, James McGovern, Kelly Morrison, Kevin Mullin, Jerrold Nadler, Eleanor Holmes Norton, Mark Pocan, Emilia Sykes, Shri Thanedar, Paul Tonko, Lauren Underwood, Nydia Velázquez, and Nikema Williams.

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