WASHINGTON – In response to a question from Congresswoman Nita M. Lowey (D-NY) in an Appropriations subcommittee hearing today, Secretary of Health and Human Services (HHS) Tommy Thompson said that the Department of Justice (DOJ) subpoenas for women’s medical records, which violate their medical privacy, are a matter for the courts. 

“This Administration claims to have taken great pride in enacting regulations aimed at ensuring the sanctity and privacy of medical records,” said Lowey, a member of the Labor, Health and Human Services, and Education Subcommittee.  “In an attempt to defend the so-called “partial-birth” abortion ban, the Administration seems to have lost sight of its promises – ordering hospitals and doctors to turn over hundreds of records on patients who received abortions up to three years before the law was even enacted.”

The Health Insurance Portability and Accountability Act of 1996 protects patients against the disclosure of personal health information.  Yet, DOJ has demanded medical records of women from at least six hospitals and six Planned Parenthood clinics, claiming these records are necessary to defend the ban on so-called “partial-birth” abortions, which was signed into law in November 2003. 

Lowey said DOJ’s action not only violates these women’s medical privacy, it conflicts with HHS’s history of hard work to protect Americans’ medical privacy.  When asked by Lowey if HHS is “doing anything to remind DOJ of the Administration’s efforts to protect American’s medical privacy rights,” Thompson said DOJ has the right to subpoena and that the courts can overturn them.

When pressed by Lowey for his opinion of DOJ’s subpoenas, Thompson refused to answer.

“In my heart of hearts, I believe Tommy Thompson agrees that these subpoenas are wrong and violate the law,” said Lowey.  “I am deeply disappointed that he is gagged by an Administration that will resort to breaking its own laws to defend its extremist crusade against a woman’s right to choose.”