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Biden Signs Order Protecting Access to Reproductive Health Services

— Maintains patients' right to travel, calls for expanding medication abortion access

MedpageToday
A photo of President Joe Biden signing an Executive Order on Protecting Access to Reproductive Health Services

President Biden signed an executive order on Friday aimed at protecting reproductive rights, especially access to abortion, following the Supreme Court's decision to strike down Roe v. Wade late last month.

Biden also issued a call to action, urging those who support reproductive rights to vote this fall.

"What we're witnessing wasn't a constitutional judgment. It was an exercise in raw political power," Biden said during a signing ceremony on Friday afternoon, quoting the dissenting opinion in Dobbs v. Jackson Women's Health Organization.

"On the day the Dobbs decision came down, I immediately announced what I would do, but I also made it clear based on the reasoning of the court, there is no constitutional right to choose ... the only way to fulfill and restore that right for women in this country is by voting ... For God's sake, there's an election in November. Vote. Vote. Vote. Vote," he urged, noting that Congress needs two more pro-choice senators and a pro-choice House in order to codify Roe as federal law.

Biden also discussed the actions his administration is taking to help protect individuals seeking abortions and other reproductive services and the providers who offer those services.

In his executive order, he directed the Department of Justice to "do everything in their power" to protect women seeking reproductive health care from "intimidation" and to defend their right to travel from states where abortions are banned to states where they are available.

As noted in a , the administration holds the position that "Americans must remain free to travel safely to another state to seek the care they need," and the Attorney General will act to defend those rights should state or local officials attempt to interfere.

White House Counsel and the Attorney General will also bring together pro bono lawyers, bar associations, and other public interest stakeholders to "encourage robust legal representation of patients, providers, and third parties lawfully seeking or offering reproductive health care services throughout the country," the fact sheet noted.

To illustrate the grave dangers that women may face, Biden cited a potential scenario in which a woman experiencing a miscarriage would have to wait while a doctor consults with hospital lawyers to determine whether he or she will be penalized for providing "lifesaving care."

"It's outrageous and it's dangerous," he said.

For that reason, the executive order calls for HHS to ensure that those experiencing "pregnancy loss" are afforded the "full rights and protections for emergency medical care" available under law, including under the Emergency Medical Treatment and Labor Act, the fact sheet noted.

The order also provides physicians with "clear guidance on their own responsibilities and protections ... no matter what state they're in," Biden said.

In addition, the executive order calls for HHS to take the following steps:

  • Promote access to the range of available contraceptives, including birth control pills, emergency contraception, and long-acting reversible contraception such as intrauterine devices. Under the Affordable Care Act, coverage of women's preventive services, including free birth control, remain a right in all 50 states and the District of Columbia
  • "Protect and expand" access to medication abortion, which is FDA approved and has been available for 20 years
  • Build on outreach and public education efforts to ensure that individuals seeking reproductive services, including abortion, have access to "reliable and accurate information" regarding their rights and access to care

The president's executive order also zeroes in on concerns around protecting "sensitive health-related data," which can be sold or shared without an individual's knowledge, and "protecting people seeking reproductive health care from inaccurate information, fraudulent schemes, or deceptive practices."

"There's an increasing concern that extremist governors and others will try to get that data off of your phone, which is out there in the ether, to find what you're seeking, where you're going, and what you're doing with regard to your healthcare," Biden noted.

To that end, the president has tasked the chair of the Federal Trade Commission with exploring ways to protect consumers' privacy when seeking information about reproductive health services and HHS with investigating how HIPAA can help to safeguard sensitive health information.

HHS has already issued guidance to help individuals secure their private medical information on mobile apps, warning of the dangers of period trackers, for example. The guidance also "helps ensure doctors and other medical providers and health plans know that, with limited exceptions, they are not required -- and in many cases, are not permitted -- to disclose patients' private information, including to law enforcement," the fact sheet noted.

The executive order also includes additional measures focused on protecting the safety and security of patients, providers, clinics, and "entities that are providing, dispensing, or delivering reproductive health care services," including mobile clinics supporting out-of-state patients.

In addition, the administration plans to launch an interagency task force on reproductive health care access, led by HHS and the White House Gender Policy Council to coordinate federal policymaking. The Attorney General, as part of this task force, will extend technical assistance to states offering legal protection to out-of-state patients and providers offering legal reproductive health care.

Jack Resneck, Jr., MD, president of the American Medical Association, praised the president's actions.

"For physicians and patients alike, this is a frightening and fraught time, with new, unprecedented concerns about data privacy, access to contraception, and even when to begin lifesaving care," he said in a press release. "Our hope is that these first steps announced today are clarifying and effective as we continue the critical work necessary to ensuring access to comprehensive reproductive health care."

Just before signing the order, Biden said, "This is a choice. This is a moment. The moment to restore the rights that have been taken away from us and the moment to protect our nation from an extremist agenda that is antithetical to everything we believe in as Americans."

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    Shannon Firth has been reporting on health policy as 51˶'s Washington correspondent since 2014. She is also a member of the site's Enterprise & Investigative Reporting team.