Nebraska lawmakers question AG Hilgers on access to reproductive health information
LINCOLN, Neb. (KLKN) — A group of Nebraska lawmakers is asking the Nebraska attorney general to clarify his position on reproductive health privacy.
This comes after Attorney General Mike Hilgers joined other state AGs in opposing a federal rule change that would expand health privacy protections.
The new rule prohibits using protected health information “for a criminal, civil or administrative investigation or proceedings” against anyone who lawfully provided health care.
Nine state senators raised concerns that Nebraskans could be prosecuted for seeking reproductive care in other state that have more relaxed laws.
State Sens. Machaela Cavanaugh, Megan Hunt, Danielle Conrad, Jen Day, John Cavanaugh, George Dungan, John Fredrickson, Carol Blood and Jane Raybould signed the letter, which said the state has an “unfortunate history” of prosecuting women and health care providers for pregnancy outcomes.
“I don’t understand why somebody would be opposed to protecting information, private health information,” Dungan said.
The lawmakers asked if the attorney general intends to prosecute Nebraskans who get abortions in other states.
“That should be chilling to all Nebraskans, regardless of how they feel about abortion policies, because we have a right to personal freedom, we have a right to medical autonomy, we have a right to privacy,” Conrad said.
The Attorney General’s Office confirmed that Hilgers received the letter and said he will respond after reviewing it.
Hilgers said in a statement that there has always been a law enforcement exception to health privacy laws.
“The Biden Administration has proposed a rule that would narrow this exception, making it harder for Nebraska law enforcement to obtain evidence they need to hold bad actors accountable,” he said.
Hilgers said the proposal could protect a sexual predator who sends a victim to another state for an abortion “to cover up their heinous crime.”
Dungan said that the state has tools to investigate the perpetrators and that there is no need to investigate the victims.
