Texas sues feds in Lubbock, challenging privacy for abortions and more

LUBBOCK, Texas — Texas on Wednesday sued the federal government in Lubbock, challenging a privacy law that the state said is meant to stop enforcement of abortion laws and restrictions on gender change procedures for minors.

The lawsuit filed against the U.S Department of Health and Human Services (HHS) asked a U.S. District Judge to overturn the privacy rule and stop federal officials from enforcing it.

The HHS published the 2024 Privacy Rule on April 26. The rule, among other things, would prevent hospitals from handing over information to the state for criminal investigations related reproductive healthcare. The HHS has previously said the new rule is a response to the Supreme Court’s decision in Dobbs, which overturned Roe v. Wade.

A federal complaint filed by the State of Texas stated reproductive healthcare is “clearly” meant to include abortion, hormone and drug therapy for gender dysphoria and surgical procedures related to gender dysphoria and “gender experimentation.”

“The 2024 Privacy Rule restricts state officials and law enforcement from obtaining evidence of a crime or other potential violation of state law,” court records stated.

The lawsuit said the information, if the federal rule stands, would fall into two categories:

• To conduct a criminal, civil, or administrative investigation into any person for the mere act of seeking, obtaining, providing, or facilitating reproductive health care.
• To impose criminal, civil, or administrative liability on any person for the mere act of seeking, obtaining, providing, or facilitating reproductive health care.

Texas claimed this information could be released to defend against lawsuits or criminal charges, but not to prosecute them.

“This new rule actively undermines Congress’s clear statutory meaning when HIPAA was passed, and it reflects the Biden Administration’s disrespect for the law,” Attorney General Paxton said in a statement. “The federal government is attempting to undermine Texas’s law enforcement capabilities, and I will not allow this to happen.”

Federal officials have not yet responded in court records.

Office of Civil Rights Director Melanie Fontes Rainer stated previous press release from the federal government that the new rule “prohibits the use of protected health information for seeking or providing lawful reproductive health care and helps maintain and improve patient-provider trust that will lead to improved health outcomes and protect patient privacy.”

Rainer also said the rule was meant to protect access to safe and legal healthcare.