Report on Reproductive Healthcare Privacy and Sustainable Development Goals (SDGs)

Introduction

Following the Dobbs v. Jackson Women’s Health Organization decision, which overturned the landmark Roe v. Wade ruling, the healthcare industry has faced renewed challenges concerning patient privacy and reproductive healthcare. This issue extends beyond women’s health to include services traditionally received by men, such as testosterone replacement and male fertility treatments. The evolving legal landscape requires careful navigation of federal and state regulations, with significant implications for achieving Sustainable Development Goals (SDGs), particularly SDG 3 (Good Health and Well-being), SDG 5 (Gender Equality), and SDG 16 (Peace, Justice, and Strong Institutions).

Federal Treatment of Reproductive Healthcare Privacy

Reproductive Final Rule and HIPAA Protections

In April 2024, the Office of Civil Rights (OCR) issued the Reproductive Final Rule to expand HIPAA protections around reproductive health privacy. This rule was a response to Executive Order 14076, directing the U.S. Department of Health and Human Services (HHS) to strengthen privacy protections following the Dobbs decision.

1. The Reproductive Final Rule prohibits the use or disclosure of protected health information (PHI) for criminal, civil, or administrative investigations or proceedings against individuals seeking, obtaining, providing, or facilitating lawful reproductive healthcare.
2. It also forbids using PHI to impose liability on any person involved in reproductive healthcare services.

These measures align with SDG 3 by promoting access to safe and confidential healthcare services and SDG 16 by protecting individuals’ rights within legal frameworks.

Legal Challenges and Executive Actions

• The Reproductive Final Rule has faced multiple lawsuits, including those filed by the Texas Attorney General and fifteen State Attorneys General, arguing that OCR exceeded its authority.
• On June 18, 2025, the U.S. District Court for the Northern District of Texas vacated the rule, stating that HHS lacked clear delegated authority to enact special protections for politically sensitive medical information.
• An Executive Order issued on January 24, 2025, repealed several prior orders aimed at protecting reproductive healthcare access, including Executive Order 14076, and mandated new guidance from the Office of Management and Budget, which remains unpublished.

These developments highlight the complex interplay between governance and health rights, relevant to SDG 16’s focus on effective institutions and justice.

State Treatment of Reproductive Healthcare Privacy

State-Level Protections

Several states have enacted laws to protect healthcare providers, patients, and others involved in reproductive healthcare. These laws generally restrict or prohibit the disclosure of reproductive healthcare information obtained lawfully. Examples include:

• California: Amended its Confidentiality of Medical Information Act to prohibit disclosure of abortion-related medical information in response to subpoenas or law enforcement efforts that interfere with patient rights under the Reproductive Privacy Act.
• New York: In November 2024, voters approved Proposition One, amending the state constitution to explicitly protect against discrimination based on reproductive healthcare decisions and recognize reproductive autonomy as a fundamental right.

These state initiatives contribute to SDG 5 by promoting gender equality and reproductive rights, and SDG 3 by safeguarding access to healthcare services.

Challenges in Navigating Legal Frameworks

The diversity of state laws creates a complex regulatory environment for healthcare providers and related entities, requiring compliance with multiple, sometimes conflicting, legal authorities. This complexity underscores the importance of SDG 16 in fostering transparent, accountable, and inclusive institutions.

Conclusion

The landscape of reproductive healthcare privacy is increasingly complex due to competing federal and state interests, shifting political dynamics, and evolving healthcare technologies. Although the future of the Reproductive Final Rule remains uncertain, state laws and consumer privacy regulations are filling regulatory gaps, creating overlapping legal frameworks.

1. Healthcare providers, insurers, and digital health platforms must ensure compliance with both federal and state regulations.
2. Proactive measures such as clear data sharing policies, privacy audits, and strategic legal communication are essential.

Addressing these challenges supports the achievement of SDG 3 by ensuring healthy lives and well-being, SDG 5 by upholding reproductive rights and gender equality, and SDG 16 by strengthening institutions and legal protections.

1. Sustainable Development Goals (SDGs) Addressed or Connected to the Issues Highlighted in the Article

1. SDG 3: Good Health and Well-being
   • The article focuses on reproductive healthcare privacy, access to reproductive healthcare services, and protection of patient information, which are integral to ensuring healthy lives and promoting well-being for all ages.
2. SDG 16: Peace, Justice and Strong Institutions
   • The discussion of legal frameworks, privacy protections, and regulatory actions relates to building effective, accountable institutions and ensuring access to justice and protection of rights.
3. SDG 5: Gender Equality
   • Although the article notes reproductive healthcare privacy concerns are not exclusive to women, the topic inherently connects to gender equality by addressing reproductive rights and autonomy.

2. Specific Targets Under Those SDGs Identified Based on the Article’s Content

1. SDG 3: Good Health and Well-being
   • Target 3.8: Achieve universal health coverage, including access to quality essential healthcare services and access to safe, effective, quality, and affordable essential medicines and vaccines.
   • Target 3.7: Ensure universal access to sexual and reproductive healthcare services.
2. SDG 16: Peace, Justice and Strong Institutions
   • Target 16.6: Develop effective, accountable, and transparent institutions at all levels.
   • Target 16.10: Ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements.
3. SDG 5: Gender Equality
   • Target 5.6: Ensure universal access to sexual and reproductive health and reproductive rights as agreed in accordance with the Programme of Action of the International Conference on Population and Development and the Beijing Platform for Action.

3. Indicators Mentioned or Implied in the Article to Measure Progress Towards the Identified Targets

1. Indicators Related to SDG 3 (Health and Well-being)
   • Proportion of women and men who have access to reproductive healthcare services, including privacy protections.
   • Number of legal or regulatory measures enacted to protect patient health information privacy in reproductive healthcare.
2. Indicators Related to SDG 16 (Peace, Justice and Strong Institutions)
   • Existence and enforcement of laws and regulations protecting patient privacy and reproductive rights (e.g., HIPAA Reproductive Final Rule, state laws like California’s Confidentiality of Medical Information Act).
   • Number of legal challenges and resolutions related to reproductive healthcare privacy protections.
   • Level of public access to information on reproductive healthcare rights and privacy protections.
3. Indicators Related to SDG 5 (Gender Equality)
   • Legal recognition and protection of reproductive autonomy as a fundamental right (e.g., New York State Constitution amendment).
   • Measures of discrimination based on reproductive healthcare decisions.

4. Table of SDGs, Targets, and Indicators

Source: jdsupra.com