Leftist narrative vs. reality: Criminal investigators sometimes need access to medical records, including abortion

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When 19 attorneys general objected to a Biden Administration rewrite of the federal health privacy laws, they weren’t trying to track women down across borders where they might be getting abortions, if their own states disallowed it.

Yet that is the narrative out of the mainstream media and liberal activists.

The 19 attorneys general, including Alaska’s Treg Taylor, object to a proposed rule change that seeks to reinterpret the Health Insurance Portability and Accountability Act to lock up information related to abortions.

Why would they want that not completely private? At times, criminal investigators need to be able to access medical records from across state lines, when a crime has been committed.

The Biden administration wants to shield information about abortions and select other medical procedures in the “reproductive treatment” category from law enforcement investigators, even if crimes involve rape, incest, or human trafficking.

In other words, medical records could, with appropriate warrants, be reviewed by criminal investigators for anything but abortion and transgender medical work.

The 19 attorneys general sent a letter about the proposed rule change, saying it was government overreach that could impede investigations into serious crimes.

All 24 Democratic attorneys general support Biden’s rule change to lock up these records.

Jezebel headlined it: “19 Republican Attorneys General Want Police to Investigate People for Abortions.”

Rachel Maddow on MSNBC reported: “Republican attorneys general demand access to out-of-state abortion medical records.”

Statehouse News reported: “Ohio’s Attorney General wants access to medical records of Ohioans who go out of state for abortions.”

The Louisville Courier-Journal wrote, “Cameron wants Kentuckians’ out-of-state abortion records to be available to authorities.”

Alaska Public Media wrote, “Alaska attorney general wants access to medical information about out-of-state-abortions and gender-affirming care.”

The Anchorage Daily News reported, “Alaska attorney general wants states to have access to out-of-state abortion records.”

Alaska’s abortion laws are not affected by this proposed rule change, because Alaska has the most pro-abortion legal interpretations in the country, allowing abortions up to the moment of birth. The state’s Supreme Court justices have ruled that abortions in Alaska are completely protected by constitutional privacy provisions.

But in other states, where abortion laws are strict, abortion advocates are saying that without privacy protections, women could be pursued for criminal charges in their home states.

It’s a stretch, but now the 14 most radical members of the Alaska Legislature have written a letter to the Biden Administration, excoriating the attorneys general, including Alaska’s.

HIPAA rules say if presented with a court-ordered warrant or subpoena as part of an investigation, a provider would normally then provide the information that is permitted under HIPAA. Absent a warrant, there are only limited law-enforcement exceptions under HIPAA. Disclosure is prohibited, unless the request came under one of these narrow exceptions.

“The proposed rule would thus curtail the ability of state officials to obtain evidence of potential violations of state laws — even when requested under ‘a court order or other type of legal process,” the 19 attorneys general wrote. “The proposed rule exceeds the Department’s statutory authority. HIPAA authorizes HHS to set standards for protecting privacy in ‘health information.’ the statute does not empower HHS to shield from authorities evidence of legal wrongdoing under state law based simply on a claimed connection to ‘health care.'”

Under the new rule proposed by Biden, heath care providers would be the ones responsible for determining whether a crime has been committed before being able to release personal health information or they will face fines and sanctions.

The whole idea of a criminal investigation is to determine if a crime has been committed, and doctors and nurses are not privy to the full investigation, and may not know full details of a crime of trafficked women and girls who are forced by their pimps to get abortions.

The Biden prohibition also pertains to any gender transition surgery on minors, if a doctor wanted to frame it as “reproductive care.”

For example, a child from Alaska could be trafficked to Washington state, where liberal laws allow transition treatments for children without their parents’ consent. No law enforcement authority would be able to prove that the treatment had occurred on a child without his or her Alaskan parent’s permission, because the medical record would be locked.

32 COMMENTS

  1. Well, SAMs use PP all the time acquire resources and services to hide the fact they are victimizing minors.
    You wouldn’t want to have a paper trail leading back to the democrats favorite business that might indicate they are great asset to SAMs.

    • Your jargon makes no sense nor does it lend any legitimacy. At all. The people do not want the guys carrying guns rifling around unlimitedly for no good reason in private health records which then lose privacy forever and may be forwarded to any disinterested one. It’s just another insatable fascist move by persons who have no respect for the God-given dignity of Americans like the the persons who lurked hours, privately, within Mrs Trump’s things while she was away. Very foul.

      • I’ll see if it makes it easier for you. Those who commit sexual abuse of a minor (SAMs) love planned parenthood. Similarly, they are huge fans of anything that will restrict cops from acquiring corroborating evidence.
        Planned parenthood is famous for destroying/selling the “primary evidence”

    • It is customary whoever you are Justin Case not to grandiosely believe your jargon is so important that it is universally known by the taxpayers, we the people. Your work whatever it is is UNDER (not over) our consent. I do not consent to these seizures for any reason. That is correct.

      • 1-if you had actually read what he said, he’s more or less on your side. But understanding that requires a level of comprehension you usually lack.

        2-who are you, “A Galeution”? It’s a sign of a lack of cogent argument when a poster resorts to challenging a person’s ID instead of their position.

        3-your sentence structure is beyond atrocious. Not something to be proud of.

        • This an article about the phoney reasons Alaskan government is to a judge about rummaging through health records. You are off topic. Comments should be geared toward that shouldn’t they.

      • Perhaps if you didn’t grandiously declare your ignorance of common ancronyms used in conversations regarding the abortion debate, you might come across as a more reasonable person.

        So, to reiterate your argument,victims of sex crimes should not have any evidence retrieved, by choice or warrant.
        That opinion is disturbing.

    • WOuld it help you if we all voluntarily sent our undies in for an entire week so that you have swabs for the cases you are lawfaring for endless budgets for thirty years because; you know…sex.

      • Non-consensual sex is illegal, to include any sex with minors.
        I’m in favor of the states not losing access to already established Constitutional tools that can help prosecute rapists.

        I’m not talking about anything else.
        Why you’ve chosen to be an advocate for rapists and child molesters is beyond me.

        • You have taken an oath to secure and defend the peoples unalienable rights not your self-righteous views which to be sure are very prominent. I have the right as a woman to have and to keep my health records held privately. I have the right. Nothing has given you the right to bludgeon me into doing parts of your job for free. No matter how zealous you are. You are supposed to protect my RIGHTS I currently have to private health records from Dr. Zink and the monarchs and Tedross What’s his name. But you are committed to delivering my injection information to them. I believe you are dropping that ball right now. And you are willing to accuse me of filthy perversions I do not have if I stand up for my property right. I have the absolute right to defend my body given to me by the Creator. I regard your intentional intrusion for what is as at least substandard to Constitutional intention and expectation. Show me the cite where exactly you have that authority in the Constitution. I am as equal as a child before the law. My rights are equal regardless of seizures status. Don’t overreach.

  2. To some extent I totally disagree. I have been to HIPAA professional seminars for about ten years taught to medical professionals and staff. I recall a seminar from a wounded in battle marine lawyer with much litigation experience. I haven’t forgetten everything (probably still have his card). He said the patient is entitled to know whenever somebody gets after their medical records for any reason. Except for when the guys with guns come to grab your records. What does it look like? Oh, usually a lot of them. Too many. Just my opinion there. Doctors are told give them anything they want. They might want to back to your childhood if they are curious about you and you are a minority who won’t shut up and live down to local racial detrimental stereotypes. This is unfair and unfifth amendment abuse of the right to not incriminate yourself. You shall never know how much of your medical information is available to be shaired among uni one world order in agreements betwwen Geneva and Juneau. They are enjoying their fishing sprees and there are no delimitors nor will there ever be. Donald J Trump was the ONLY one not in this club. See what they are doing to him. He is right. You are next. Have fun going out for drinks. How is your liver btw? It is an overreach and a massive liverreach having nothing to do with abortions. It is for Mrs. Zink and her international health set. She needs a trimming I believe and she doesn’t know jack about the Constitution and is completely incurious about it. I believe the US Constitution will still exist to be preserved after the corporation (corps.) is out of any type of funds. The republic of, by and for the people will stand thus surprising our enemies who made themselves against our liberty and sovereignty from inception to present who are now taking one world order uni power. They are so giddy right now.

      • Donald Trump is a straight forward individual. He is a bell weather. Not liking someone who loves the country, runs a clean business has raised nice children negotiates well, tells the truth about the deep state is a pretty goid person and the best President this country has seen If you are disrespectful about him it tells me a great deal about you.

  3. The US Constitution has given the American freemen the absolute right to defend our lives and properties. Not the karens in the legislative or executive branches. The US Constitution does not delegate authority for health safety to legal and health departments in state executive or municipal branches. It is still private economic contracting for private services. Thanx for listening. What they say in Brussels and Luxemburgh or wherever might be fun to charge the people of AK travel expenses for really but in essence we don’t pay any thing but polite awareness of what they wanr due to having separated from monarchies in 1776. If we want to be safe we must stay in bed. No thanks on the government romp arounds in medical records. No thanks on that abuse.

  4. Isn’t the left’s thought that states would actively seek out prosecution of their own residents who crossed state lines and got abortions? I know we are living in a very dystopic time, but that seems like a stretch.

    • I believe it is just another assault and abuse of Americans by their employees which must be corrected.

    • Well states are making those laws now, so yeah, folks are rightly concerned by our attorney general’s doing this.

  5. Just make it simple and give The W.H.O. control of medical records. With a medical passport it would prevent crossing state lines for an abortion, ryeet? And it would be putting a private organization in charge of medical records, taking the government out of it, like The Fed running our money.

  6. No one should be able to access that info unless it is ruled pertinent to a specific case by a judge.

  7. I am beginning to feel as though we may be on the verge of overload or something. Let’s just elevate the US Constitution for once. Anything that expansive stipenders might zealously imagine they the want or ought to do do they have not ine drop of Constitution express, delegated authority to do. Just a fact. Just say no.

  8. This big government invasion of privacy once was antithetical to the Republicans. Now not so much.

    • Putting people into psychosis vitiates your service. This seems more like a tresspass on rights. The state of Alaska Corporation has a charter delimited by law vs laws delimiting not expanding government powers to root around in private medical records for sexual or any reasons. Armed bodies of men are to expand freedoms. We owe no such duty to the state, a corporation since we receive nothing from the private Alaska corporation. We receive our rights from God not men. I believe the private corporation may be trespassing our rights right now. The state of AK corporation is created only for benefit of the public. We were conferred the right of medical privacy. Show me where in the Constitution the state corporation does not have to obey the Constitution. It is not there. Perhaps we should inquire if we are being abused by this. Any groups in branches of government may NOT assume powers by trickery or injury. At ALL times the legislature must review for constitutionality which is the legitimate function of the Alaska legislature and not just a legal committee that works on it in protection of property (package of rights of medical privacy) as it is written and shall alter, reform, abolish what doesn’t belong.

  9. Remember, violations are juryless fines and penalties. The fine for pretexts is it still $17.00? Who said: “I am sending armed bodies of men to disarm the people so they ar stuck in fear…and pitiful”. Is this the attitude now of the legislative ad/or branches toward Alaskan people? A repeat of history? Suspending any part of the US Constitution is not legal. Are we being prosecuted with false claims, stuff made up, bills of attainders? No! Our justice must be without sale, delay, and WITH credible witnesses. Per the Aziz of Clarendon. a right to trial by jury.

  10. Once the privacy of health records are broken by state abuse the privacy is gone forever. The record can be sold and resold at whims of intensionally harmful people employed in public employment in contraversion of health privacy laws based upon hunches and innuendo and aggression and It is a salable product to sell or otherwise use in harmful unbusnesslike ways to diminish human dignity of Americans. This is trespass.

  11. Well perhaps JustinianL. Mix ups can and do occur. Once penetrated the privacy can never be retreived over a lifetime. Of course children must be protected from invasive fertility destroying treatments like hormone injections done secretely. That is so wrong. Health privacy is a valuable civil thing also. Some AG’s are motivated mysteriously.

    • Just curious, what would remedy to clear one’s name be denouncing one’s aunted, gallant familial nationality heritage in nation building so as to now seek refuge from the US within nations with actual belief in liberty and privacy rights? Is that Alaska’s unstated public population policy in 2023? Are you authorized as an executive to answer?

  12. For once I totally agree with the simple statement of A Galeution, “Stay out of our health records.”

    (Hefty fines are dealt by the government for any business that receives government funds and businesses have major repercussions when personal information about patients are even accessed accidentally and even by health-care professionals who have no patient-care relationship even in health insurance companies which was the original basis of HIPAA.)

  13. Just as the Government shouldn’t be able to tell me what to drive, what kind of stove I want, etc. The government has no right to any Americans medical records or treatments. The problem with those that are always yelling Freedom is most of the time it’s only if that freedom agrees with their ideology.

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