The regulation, which is intended to shield women who live in states where abortion is illegal from prosecution, is almost certain to face legal challenges from pro-life advocates.
The new regulation is an update to the Health Insurance Portability and Accountability Act of 1996, which prohibits medical providers and health insurers from divulging medical information about patients. Typically, however, law enforcement can access those records for investigations.
In states with strict abortion rules, the federal regulation would essentially prohibit state or local officials from gathering medical records related to abortions for a civil, criminal or administrative investigation in a state where abortion remains legal.
The new regulation would not protect a woman who orders an abortion pill from her home in a state like Mississippi, where abortion is mostly banned, from a provider in Illinois, where it is legal.
