Protecting Privacy for Reproductive Health Care

This afternoon, the House passed the bill protecting the privacy of women who receive reproductive health care in Maryland.

There was no floor debate.  I attribute that to the merits of House Bill 812.

As the bill’s sponsor, I prepared the following remarks.

When this General Assembly codified the holding of Roe V Wade and the voters of this state approved that law on referendum, 62-38%, there was no mention of the provision of care for women from out-of-state.

There was no need to do so.  No one expected people to come to Maryland for reproductive health care.  Roe protected that fundamental right throughout the United States.

That, as we all know, is no longer the case.

Patients will seek care in Maryland because they face criminal prosecution and civil liability if they do so in the state where they live.

However, they don’t escape that threat if they obtain reproductive care in a state where it is legal, such as Maryland.

In addition, their health care providers are also liable under the laws of several states.

Marylanders who travel to certain states and need health care are also vulnerable.

HB 812 protects those patients and their health care providers by regulating the disclosure of medical information relevant to their reproductive health care by custodians of public records, health care providers, health information exchanges, and dispensers.

The bill’s language is the result of discussions with the relevant parties – most notably the Maryland Health Care Commission and CRISP, the state-designated health information exchange.

The dates of implementation are staggered, and consultation with the General Assembly during this process is mandated.

 

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