Alaska attorney general wants states to have access to out-of-state abortion records

Abortion access remains legal and protected under the Alaska constitution, but Attorney General Treg Taylor is calling for states that banned abortion access to be allowed to pursue information about residents’ out-of-state abortion procedures.

Taylor was one of 19 Republican attorneys general to sign a June letter opposing a proposed rule by the administration of President Joe Biden that would ensure providers are not forced to disclose medical records with authorities in other states about reproductive health care. The letter claims that the proposed rule, which has not yet taken effect, would interfere “with States’ decisions to protect ‘prenatal life.’”

Taylor said he would not seek information about Alaskans’ abortion care. In an emailed statement, he said that the letter “is about preserving state’s rights in the face of federal overreach, and that is why Alaska joined.”

With abortion now effectively banned in 15 states, many abortion patients are traveling to other states to legally end their pregnancies. In some states that have outlawed abortion access, legislatures have passed laws making it illegal to help others get abortion care. In Idaho, a law enacted earlier this year criminalizes helping minors travel out of state to get an abortion. Meanwhile, in some Democrat-controlled states, legislatures have passed laws to protect access to abortion care for individuals traveling from out-of-state.

“While this rule would have no effect on Alaska because abortions are legal, the rule seeks to thwart other states that have made a different policy decision on abortions post the Dobbs v. Jackson decision,” Taylor said by email, referencing the U.S. Supreme Court decision that last year overturned federal protections for abortion access, allowing numerous states to move forward with total or near-total abortion bans.

Public opinion polls have shown that around 60% of Alaskans support abortion access. The procedure is protected under the state constitution’s privacy clause. A ballot question last year on calling a constitutional convention, which could have allowed abortion opponents to weaken protections for the procedure, failed resoundingly.

According to Planned Parenthood, which operates abortion clinics in Alaska, it is possible that some out-of-state individuals travel to Alaska to seek abortion care. But it is more likely that Alaskans travel to other states for abortions when that is more convenient than accessing one of Planned Parenthood’s clinics in-state.

“Abortion is a time-sensitive procedure. It could mean that people are traveling to a bunch of different states depending on where there is an appointment that falls within the timeframe that they need,” said Mack Smith, a communications manager for Planned Parenthood. “Because Alaska is a fairly large state, it means that sometimes care is more accessible in another state like Washington. So we do have patients who travel to Washington for abortion care.”

Taylor said he does not plan to seek information about Alaskans’ abortion care in other states, nor will Alaska provide information to other state agencies on individuals who come to Alaska for abortion care.

“Some news organizations have bizarrely asked if the state plans to pursue information on these procedures in other states or seeks to provide this information to other states. The answer is an emphatic ‘No,’” Taylor said by email.

The rule change proposed by the U.S. Department of Health and Human Services would amend the country’s strongest medical privacy measure — HIPAA, or the Health Insurance Portability and Accountability Act — to block state authorities from obtaining protected information about reproductive health care services received out-of-state for “criminal, civil, and administrative investigations and proceedings.”

The letter from the Republican attorneys general ties reproductive health care to gender-affirming care, stating that the rule would allow the Biden administration “to advance radical transgender-policy goals.” Unlike numerous other Republican-controlled states, Alaska has no laws limiting access to gender-affirming medical procedures.

Smith, with Planned Parenthood, called Taylor’s signature on the letter “a political stunt.”

“Taylor signed on to the letter because he’s doing everything that his office will allow him to do, to try to strip people of their right to a safe and legal abortion,” she said. “Every opportunity that he gets to show that he is anti-abortion, he does that.”

Taylor earlier this year signed on to a letter cautioning companies against following new regulations from the Food and Drug Administration that would allow abortion drugs to be dispensed in pharmacies and by mail, rather than just in abortion clinics. Taylor signed the letter despite the fact that the state has no laws explicitly banning pharmacies from carrying the drugs. In response, several Alaska lawmakers sent a letter to Walgreens’ chief executive urging her to ignore the attorney general’s letter.