FRANKFORT, KY – Attorney General Daniel Cameron on Monday, June 19, 2023 stood strong against the Biden Administration's latest attempted intrusion on state sovereignty.
Attorney General Cameron joined 18 other attorneys general in a letter to the Department of Health and Human Services (HHS) concerning a proposal that would impact disclosures under the Health Insurance Portability and Accountability Act (HIPAA). The current disclosure rule, known as the Privacy Rule, balances individual privacy concerns against vital public interests. This is why the current Privacy Rule permits the disclosure of certain HIPAA information for—among other things—law enforcement purposes, in response to a court order, for civil or criminal investigations and proceedings, and for other "vital . . . purposes[.]"
The Biden Administration has proposed changes to the Privacy Rule that would interfere with states' enforcement of their laws. Specifically, HHS's proposal would bar particular HIPAA disclosures in connection with "reproductive health care." And HHS defines "reproductive health care" broadly.
HHS's proposed rule exceeds the department's legal authority. HIPAA authorizes HHS to set standards for protecting privacy in "health information." But HIPAA does not empower HHS to shield from authorities' evidence of legal wrongdoing based on a claimed connection to "reproductive health care." The Administration's claims to the contrary could incentivize healthcare providers to break state laws on everything from protecting unborn life to gender-altering surgeries.
"The Biden Administration's repeated attempts to seize power from the people and their elected representatives defies the Constitution and must be met with strength," said Attorney General Daniel Cameron. "I am proud to defend Kentuckians' right to govern themselves without unlawful interference from the federal government."
As Kentucky's chief law enforcement officer, Attorney General Cameron is the tip of the spear in the fight to check federal overreach, and Monday's letter is his latest effort to protect Kentuckians from Biden Administration excess.
Attorney General Cameron vigorously challenged the Biden Administration's unlawful attempts to force vaccines on thousands of Kentuckians. He also sued to reverse the unconstitutional cancellation of the Keystone XL Pipeline, pushed back against President Biden's illegal rewrite of federal gun laws, and warned the President against using the Fourteenth Amendment to unilaterally raise the debt ceiling.
Attorney General Cameron was joined by attorneys general from Alabama, Alaska, Arkansas, Georgia, Idaho, Indiana, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, Texas, Utah
To read a copy of the letter, click here.
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