Texas Attorney General Ken Paxton has initiated legal action against the U.S. Department of Health and Human Services (HHS), HHS Secretary Xavier Becerra, and other officials in the Biden Administration. The lawsuit aims to halt a new rule that Paxton claims unlawfully restricts state law enforcement investigations, contradicting congressional intent outlined in the Health Insurance Portability and Accountability Act (HIPAA).
The controversy stems from a rule issued by HHS earlier this year, following the Supreme Court's decision in Dobbs v. Jackson Women’s Health Organization, which returned regulatory power over abortion to the states. The new rule limits circumstances under which medical providers can share information with state law enforcement officials. According to Paxton, this move is an attempt by the Biden Administration to weaken Texas's laws by undermining state law enforcement investigations related to medical procedures.
Paxton asserts that HIPAA, as originally written by Congress, preserves the investigative authority of state law enforcement and does not grant HHS the power to allow HIPAA-regulated institutions to refuse cooperation with state investigations. He has requested that the court vacate both this rule and a previously implemented related rule, preventing HHS from enforcing these regulations.
“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 Attorney General Paxton. “The federal government is attempting to undermine Texas’s law enforcement capabilities, and I will not allow this to happen.”
To read the filing, click here.