The Columbus City Attorney is seeking to join two lawsuits in Texas federal court in order to protect patient healthcare information privacy laws as the U.S. government transitions from President Joe Biden to President Donald Trump.
The state of Texas and a Texas-based medical provider are suing the U.S. Department of Health and Human Services separately in federal court to stop the enforcement of two Health Insurance Portability and Accountability Act laws created in 2000 and 2024. Columbus, however, wants to join the cases as a defendant.
The two HIPAA laws broadly protect patient healthcare information from public disclosure. The two-decade old law was the first to enforce it, but Biden's administration crafted a rule in 2024 in an attempt to strengthen the protections.
Texas Attorney General Ken Paxton is suing, in part, to allow the state to enforce its strict abortion ban. The state's ban allows private citizens to report violations of the law when citizens travel out of state to seek an abortion, like a bounty.
The law incentivizes citizens with a cash "bounty" if they succeed in suing anyone who has helped a person get an illegal abortion. Texas inspired Idaho and Oklahoma to follow suit with this type of enforcement mechanism.
With legal protections provided by HIPAA, it is difficult to prove in court whether a person sought out this type of care.
Columbus City Attorney Zach Klein said in a statement removing the laws could have serious consequences for the privacy of health data for anyone seeking healthcare in the United States. Klein specifically points to privacy laws for things like abortion care, contraception, HIV treatment, sexual health and other reproductive health care services.
“No matter your politics, we should all agree that protecting a patient’s medical information should be a top priority,” Klein said. “Patients who seek care should have the assurance that their interaction with a healthcare provider remains confidential."
Klein said it is common sense, but those "bedrock principles" are under attack.
"Without them, anyone’s personal health data could then be accessible by employers or those who want to prosecute lawful medical care. That’s just not right," Klein said.
With the change in federal government from a Biden Administration that favors laws protecting abortion access to the anti-abortion Trump Administration, the 2024 rule is likely to be changed.
The Texas judge in one of the cases already put an injunction on the 2024 rule in December, but kept the 2000 law's enforcement in place.
Paxton's lawsuit does seek to stop enforcement of the 2000 provision as well, but it is unclear whether that long-standing law could be changed by Trump's administration.
The Columbus City Attorney's office joining a federal lawsuit in Ohio is not uncommon. But joining one taking place in another's state's court is less common.
Klein said removing the HIPAA laws could have big effects on Columbus' Department of Public Health.
Klein's office said Columbus Public Health serves as a direct medical service provider for more than 10,000 patients in Columbus every year, offering everything from immunizations and medical testing to reproductive care, dental services and healthcare services for new moms.
Columbus Health Commissioner Dr. Mysheika Roberts said CPH is a trusted partner in protecting health and safety in central Ohio.
“Patient privacy laws are not political. They are in place to give patients control over their own personal health information and how it can be shared, which is critical to building trust and getting the health care services they need, when they need them," Roberts said.
Klein's office said the court has not yet ruled whether it will let Columbus join the lawsuit.
The City of Madison, Wisconsin, and Doctors for America joined Columbus to file these motions.
