Attorney General Ken Paxton announced that he has sued the U.S. Department of Health and Human Services, its Secretary Xavier Becerra, and other Biden-Harris administration officials over a new rule that would restrict state law enforcement investigations.
Paxton’s lawsuit states that the HHS rule, issued in April, is in response to the U.S. Supreme Court’s Dobbs v Jackson’s Women’s Health Organization decision, which overturned Roe v Wade in June 2022.
With the overturning of Roe v. Wade, Texas’ trigger law went into effect—banning abortions in most cases. Texas has various mechanisms in place to prosecute doctors who violate the state’s pro-life laws as well as individuals who assist a woman in obtaining an abortion.
The new HHS rule would specifically withhold “the use or disclosure of [personal health information] for the criminal, civil, or administrative investigation of or proceeding against an individual, regulated entity, or other person for seeking, obtaining, providing, or facilitating reproductive health care,” reads the HHS website.
According to Paxton’s office, HHS’ new rule change directly contradicts Congress’ original intent of the Health Insurance Portability and Accountability Act (HIPAA), which included provisions that would allow state investigative authorities to have access to personal health information.
His office argues the motive is clear.
With this rule, the Biden Administration makes a backdoor attempt at weakening Texas’s laws by undermining state law enforcement investigations that implicate medical procedures. The Biden Administration’s motive is clear: to subvert lawful state investigations on issues that the Courts have said the States may investigate.
“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,” said Paxton. “The federal government is attempting to undermine Texas’s law enforcement capabilities, and I will not allow this to happen.”
