Doctors for America, Cities of Columbus, OH, and Madison, WI Seek to Intervene in Two Cases Threatening Patient Privacy Bedrocks
Washington D.C. - Two major US cities and a physician association, Doctors for America (DFA), are taking legal action to protect patients’ federal privacy rights from aggressive attempts by the Texas Attorney General and the far-right Alliance for Defending Freedom (ADF) to upend federal privacy protections nationwide and inject massive instability into the health care system.
In support of their motions to intervene to defend longstanding privacy protections under HIPAA in two cases where Texas and ADF are challenging these critical protections, the cities and doctors argue that removing the protections for patients would open the door to government investigations of private health information and threaten the well-being of people nationwide. The cases are Texas v. U.S. Department of Health and Human Services et al. and Purl, M.D. et al. v. U.S. Department of Health and Human Services et al.
The cities of Columbus, Ohio, and Madison, Wisconsin, are represented in this matter by Democracy Forward, Debevoise & Plimpton LLP, and Public Rights Project. Doctors for America is represented by Democracy Forward and Debevoise & Plimpton LLP. The Law Firm of Ryan Brown, PLLC, is serving as local counsel in the Purl case, and Thompson Coburn LLP is serving as local counsel in the Texas case.
The cases concern longstanding federal protections under the Health Insurance Portability and Accountability Act (“HIPAA”), which Congress enacted nearly three decades ago. In the Texas matter, Attorney General Paxton challenges a 24-year-old regulation that serves as the foundation for medical privacy under HIPAA nationwide and a more recent regulation the Biden-Harris Administration implemented to support reproductive health care privacy in 2024. Similarly, in a separate case brought by ADF before Judge Matthew Kacsmaryk, ADF has challenged the 2024 reproductive health rule, but Judge Kacsmaryk, on his own, has ordered the parties to provide a briefing on the constitutionality of the HIPAA statute itself.
“For nearly a quarter of a century, Americans have been able to rely on federal law to ensure their health care information remains private. The privacy rules under threat are essential for all of us – so we can obtain care without our personal and sensitive health information being compromised,” said Skye Perryman, President and CEO of Democracy Forward. “Yet, the same extreme actors that have sought to ban and restrict reproductive health care are now trying to compromise these bedrock protections, and it is imperative that the courts reject these attempts. We are honored to represent the cities of Madison and Columbus and Doctors for America to defend these critical protections.”
“Without the protections of the 2000 and 2024 HIPAA Rules, patients would not be willing to share relevant medical information with their clinicians for fear it may not be protected, " said Christine Petrin, MD, MPH, President, Doctors for America. “Other patients may forgo care altogether. The doctor-patient relationship, based on trust, would be fractured. And fundamentally, that will negatively affect patient care.”
“These lawsuits ask the courts to eliminate the federal protections for patient privacy that are the very cornerstone of our health care system. Effective health care requires patients to share deeply personal information with their doctors, including their symptoms, fears, medical and family history, test results, and questions about treatment. These cases challenge the rules that protect patients’ privacy when they have those conversations, and we are determined to defend them,” said Shannon Selden, litigation partner at Debevoise & Plimpton LLP.
"Cities like Columbus and Madison provide essential care to some of their communities' most vulnerable residents,” said PRP’s Assistant Legal Director Aisha Rich. “Ensuring the privacy of information shared with providers is critical to delivering quality care. We are proud to represent these two cities and defend both new and long-standing regulations against overreach from other states."
“Threats to individual privacy loom large at this moment in our nation where we see not only far-right groups seeking to eliminate critical protections but also an incoming federal administration that has failed to assure the American people they will protect our privacy at all costs,” added Perryman. “Our team is committed to defending privacy rights against these and future attempts to eliminate them. ”
In addition to legal filings formally seeking to intervene in the pair of cases, the coalition of intervening parties filed motions today asking the courts to uphold the HIPAA rules.
The Debevoise team is led by litigation partner Shannon Rose Selden and includes partner Zachary Saltzman, counsel Anna Moody and associates Adam Aukland-Peck, Courtney Barger, Michelle Bao, Isabelle Canaan, Stuart Crews, Abby Draper, Isabel Gutenplan, Laura Hallas, Zoe Jacoby, Gabriel Kohan, Kaitlyn McGill, Jacquelyn Sherman and Suzanne Zakaria.
Democracy Forward is a national legal organization that advances democracy and social progress through litigation, policy, and public education, and regulatory engagement. For more information, please visit www.democracyforward.org.
Public Rights Project is a nonpartisan nonprofit organization that helps local government officials fight for civil rights by building capacity, convening and connecting, and providing legal representation. For more information, please visit www.publicrightsproject.org.