California Governor Signs Package of Bills to Improve Protections for Individuals Seeking Abortion Care
California has taken further steps to improve protections for individuals seeking abortion care and birth control. A package of bills has recently been signed into law by state governor Gavin Newsom, including new data privacy legislation that prohibits healthcare providers from releasing individuals’ medical information in response to subpoenas and requests from out-of-state.
The bill (AB 2091) was introduced by Assemblymember Mia Bonta (D-Oakland) in response to the Supreme Court Decisions in Dobbs v. Jackson Women’s Health Organization which removed the federal right to an abortion and put abortion rights in the hands of individual states. Following the decision, several states implemented bans or restrictions on abortions and there are mounting fears that criminal investigations will be launched into women who seek abortions in other states.
HIPAA permits healthcare providers to provide PHI to law enforcement to support criminal investigations in limited circumstances. The HHS recently issued guidance to health care providers that stressed that HIPAA does not require regulated entities to disclose such information, and such disclosures may be considered HIPAA Privacy Rule violations in certain circumstances. Some healthcare providers may feel compelled to provide information to support law enforcement investigations into abortions performed on patients that reside in states with bans in place.
HIPAA permits states to introduce more stringent rules to protect patient privacy than the minimum standards of the HIPAA Privacy Rule. AB 2091, which was signed into law by Governor Newsom on September 27, 2022, ensures the privacy of women will be better protected as information related to legal abortions carried out in California cannot be legally disclosed to out-of-state entities.
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Newsom also added his signature to AB 1242 which was passed by the California Legislature in September. AB 1242 prohibits Californian corporations from cooperating with out-of-state entities regarding lawful abortions performed in California. The bill, which was introduced by Assemblymember Rebecca Bauer-Kahan (D-Orinda), also prohibits law enforcement from knowingly arresting a person for aiding in a lawful abortion in California.
AB 2223 has been signed into law to ensure that pregnancy loss is not criminalized. The bill, introduced by Assemblymember Buffy Wicks (D-Oakland), prohibits people from being criminally or civilly liable for miscarriage, stillbirth, abortion, or perinatal death due to causes that occurred in utero.
Two bills have also been signed to improve access to reproductive healthcare services. SB 523, introduced by Senator Connie Leyva (D-Chino), expands access to birth control by requiring health plans to cover over-the-counter birth control without cost sharing, regardless of gender or health coverage status, and prohibits employment-related discrimination based on reproductive health decisions. SB 1375, introduced by Senate President pro Tempore Toni G. Atkins (D-San Diego), expands the training options available to Nurse Practitioners and Certified Nurse-Midwives for purposes of performing abortion care by aspiration techniques.
“An alarming number of states continue to outlaw abortion and criminalize women, and it’s more important than ever to fight like hell for those who need these essential services. We’re doing everything we can to protect people from any retaliation for accessing abortion care while also making it more affordable to get contraceptives,” said Governor Newsom. “Our Legislature has been on the frontlines of this fight, and no other legislative body in the country is doing more to protect these fundamental rights – I’m proud to stand with them again and sign these critical bills into law.”
