Medical Privacy - Bill of Health

State Genetic Privacy Statutes: Good Intentions, Unintended Consequences?

August 10, 2023August 10, 2023 The Petrie-Flom Center Staff Leave a comment

By Christi Guerrini, David Gurney, Steve Kramer, CeCe Moore, Margaret Press, and Amy McGuire

State legislators have enacted a flurry of genetic privacy bills that will strengthen the privacy and security practices of direct-to-consumer genetic testing companies and give customers more control over their data. What they might not realize is that these bills could be interpreted in ways that limit law enforcement’s ability to use a new technique that helps identify violent criminals and human remains and exonerate the wrongfully convicted.

AI-generated image of robot doctor with surgical mask on.

Who’s Liable for Bad Medical Advice in the Age of ChatGPT?

June 5, 2023June 5, 2023 Matthew Chun Leave a comment

By Matthew Chun

By now, everyone’s heard of ChatGPT — an artificial intelligence (AI) system by OpenAI that has captivated the world with its ability to process and generate humanlike text in various domains. In the field of medicine, ChatGPT already has been reported to ace the U.S. medical licensing exam, diagnose illnesses, and even outshine human doctors on measures of perceived empathy, raising many questions about how AI will reshape health care as we know it.

But what happens when AI gets things wrong? What are the risks of using generative AI systems like ChatGPT in medical practice, and who is ultimately held responsible for patient harm? This blog post will examine the liability risks for health care providers and AI providers alike as ChatGPT and similar AI models increasingly are used for medical applications.

Child holding paper family in LGBT rainbow colors.

Gamete Regulation and Family Protection in a Post-Dobbs World

May 17, 2023May 16, 2023 The Petrie-Flom Center Staff Leave a comment

By Courtney G. Joslin

Increasing numbers of people are forming families through assisted reproduction. Recently, there has been a push to impose new regulations on various aspects of this process. Some of these new laws open up participants to a range of possible penalties — civil, criminal, and/or professional discipline — for past “misconduct.” Other laws seek proactively to regulate the fertility care process. For example, some laws regulate the collection and dissemination of medical and identifying information about gamete providers — that is, sperm and egg donors. Other proposals seek to require gamete providers to agree to the release of their medical records.

It is surely important to assess and evaluate fertility care practices and to consider whether additional regulation is appropriate in this space. Particularly in the post-Dobbs era — an era marked by increasing attacks on reproductive health care (including access to IVF) and on LGBTQ people — it is also important to proceed cautiously and to consider how these proposals may adversely impact reproductive autonomy and family recognition.

Austin, TX, USA - Oct. 2, 2021: Participants at the Women's March rally at the Capitol protest SB 8, Texas' abortion law that effectively bans abortions after six weeks of pregnancy.

The Impact of Criminal Abortion Bans on Assisted Reproduction in the Post-Dobbs Landscape

May 11, 2023May 5, 2023 The Petrie-Flom Center Staff Leave a comment

By Yvonne Lindgren

In Dobbs v. Jackson Women’s Health, the Supreme Court overruled Roe v. Wade, the constitutional floor that had protected the abortion right for nearly fifty years, and returned the issue of regulating abortion to the states. In the post-Dobbs landscape, thirteen states have banned abortion, either through laws passed after the decision, through trigger laws, or by reviving pre-Roe era abortion bans. As a result of criminalizing abortion, the protective function of medical malpractice law is supplanted by provider and institutional decision-making driven by the imperative to avoid criminal liability and loss of licensure. This essay argues that abortion bans have made all reproductive health care less safe, and that these new pregnancy-related dangers will disproportionately impact assisted reproduction, because those who conceive through assisted reproduction often face a higher risk of complications needing medical intervention, and because women may be reluctant to act as surrogates in light of the heightened risk of pregnancy.

The Impact of Dobbs on Assisted Reproductive Technologies: Does It Matter Where Life Begins?

May 9, 2023May 9, 2023 The Petrie-Flom Center Staff Leave a comment

By Judith Daar

In February 2023, a Louisville lawmaker introduced a bill that would prosecute women for criminal homicide for having an abortion. The Kentucky Prenatal Equal Protection Act, introduced by Republican Representative Emily Callaway, extends the state’s criminal abortion law to pregnant women for any termination not linked to a life-threatening condition or spontaneous miscarriage. Declaring, “innocent human life, created in the image of God, should be equally protected under the laws from fertilization to natural death,” the bill elevates the rights of the unborn over any rights held by the pregnant woman to control her reproductive future. Now sanctioned in a post-Dobbs rational basis world, this bill and others like it pose potential roadblocks to other medical interactions with unborn persons, notably in vitro fertilization (IVF) and related assisted reproductive technologies.

Washington, DC, USA - December 1, 2021: Abortion rights rally at the Supreme Court, Jackson Women's Health v. Dobbs.

Assisted Reproduction in a Post-Dobbs US

May 8, 2023May 23, 2023 Chloe Reichel Leave a comment

By Chloe Reichel and Seema Mohapatra

Assisted reproductive technologies (ART) such as in-vitro fertilization (IVF) face an uncertain future as anti-abortion policymakers and advocates work to restrict access to reproductive care post-Dobbs.

Until last summer, modern ART had been performed in the United States with the Constitutional protection for abortion care in the background. After Dobbs, fertility doctors and patients have begun to realize that strict abortion laws and policies affect not only those who do not wish to continue a pregnancy, but also people who very much desire to have a child.

Medicine doctor and stethoscope in hand touching icon medical network connection with modern virtual screen interface, medical technology network concept

Governing Health Data for Research, Development, and Innovation: The Missteps of the European Health Data Space Proposal

March 23, 2023March 23, 2023 The Petrie-Flom Center Staff Leave a comment

By Enrique Santamaría

Together with the Data Governance Act (DGA) and the General Data Protection Regulation (GDPR), the proposal for a Regulation on the European Health Data Space (EHDS) will most likely form the new regulatory and governance framework for the use of health data in the European Union. Although well intentioned and thoroughly needed, there are aspects of the EHDS that require further debate, reconsiderations, and amendments. Clarity about what constitutes scientific research is particularly needed.

Remarkable macro view through the microscope at process of the in vitro fertilization of a female egg inside IVF dish in the laboratory. Horizontal.

That’s Criminal: The Choices Fertility Specialists May Have to Make

March 6, 2023March 3, 2023 The Petrie-Flom Center Staff 1 Comment

By Gerard Letterie

Fertility care operates in a delicate emotional space that demands complete trust across the consult table. Trust that decisions will be made with the patient’s best interests. Trust that guidance will be offered exclusive of any other competing influence, be it financial, personal, or convenience.

In a post-Dobbs setting, new, restrictive laws may disrupt this delicate equilibrium. This concern is materializing with an increasing velocity as states look to further limit reproductive autonomy.

Next in the crosshairs might be the disposition of embryos in the context of IVF. Dobbs has energized the pro-life movement to expand beyond abortion to other reproductive technologies within the context of the catchphrase “life begins at conception.”

South Carolina’s Abortion Debates: A Game of Ping Pong

January 31, 2023January 31, 2023 Katie Gu Leave a comment

By Katie Gu

On January 5, the South Carolina Supreme Court permanently struck down Senate Bill 1 (S.B. 1), also known as the Fetal Heartbeat and Protection from Abortion Act, which banned most abortions after the sixth week of pregnancy. The decision was issued just five days before the state’s General Assembly returned for 2023, setting into motion a game of ping pong between the state branches of government in South Carolina’s abortion debates.

File folders containing medical records.

How Dobbs Threatens Health Privacy

January 10, 2023January 9, 2023 Nicolas P. Terry Leave a comment

By Wendy A. Bach and Nicolas Terry

Post-Dobbs, the fear is visceral. What was once personal, private, and one hoped, protected within the presumptively confidential space of the doctor-patient relationship, feels exposed. In response to all this fear, the Internet exploded – delete your period tracker; use encrypted apps; don’t take a pregnancy test. The Biden administration too, chimed in, just days after the Supreme Court’s decision, issuing guidance seeking to reassure both doctors and patients that the federal Health Privacy Rule (HIPAA) was robust and that reproductive health information would remain private. Given the history of women being prosecuted for their reproductive choices and the enormous holes in HIPAA that have long allowed prosecutors to rely on healthcare information as the basis for criminal charges, these assurances rang hollow (as detailed at length in our forthcoming article, HIPAA v. Dobbs). From a health care policy perspective, what is different now is not what might happen. All of this has been happening for decades. The only difference today is the sheer number of people affected and paying attention.

Category: Medical Privacy