In June 2022, the U.S. Supreme Court made the historic decision to overturn Roe v. Wade and declare there is no constitutional right to an abortion.
It was a highly controversial topic wrought with emotional responses from both sides of the political aisle. Like an echo from 2020 when healthcare providers found themselves caught in the middle of COVID and vaccination debates, they are once again under scrutiny for a response to this edict.
As HIM professionals, it’s our job to safeguard healthcare information in a way that both serves the best interest of patients’ privacy and maintains compliance with current regulations. In the short time since the supreme court decision, individual states have enacted varying degrees of legislation banning or protecting abortion. HHS issued guidance for patients stating “Reproductive health care, including access to birth control and safe and legal abortion care, is an essential part of your health and well-being.”
It is not a far-fetched idea that reproductive health information could be re-classified as sensitive healthcare information, much like substance abuse and mental health are today. While we are still in “wait and see” mode, here are some questions HIM professionals should ask themselves today to prepare for such an occasion.
- Do you have the right technology to flag these sensitive records for review prior to release?
- Your ROI system should be able to flag records related to reproductive health for second level review, such as:
- Flags based on medications listed in the record that are abortion procedures
- Flags based in ICD-10 diagnosis and procedure codes
- Flags based on diagnoses and procedures listed on a problem list
- Your ROI system should be able to flag records related to reproductive health for second level review, such as:
- Do you need to update authorizations to include reproductive health as sensitive information?
- Will a subpoena be sufficient for these records, or will a court order be required?
- What will you do if an abortion record is requested from a provider/insurance company in a state where abortion is banned?
Many of these decisions will now be made by state legislators, which could get interesting for health systems that span multiple states. Start talking to your ROI technology partner to ensure they’re preparing for any likely scenarios and what they might offer to help you navigate these changing times.
Verisma stands ready to support you with the technology or services to accomplish whatever new workflows you may need. We’re not here to play political games. We’re here to help you protect truth and accuracy, however that looks in your state.
Author: Barbara Carr, RHIA
Strategic Advisor
Verisma
