— 497 —
Department of Health and Human Services
l OCR should withdraw its Health Insurance Portability and
Accountability Act (HIPAA)86 guidance on abortion. OCR should
withdraw its June 2022 guidance87 that purports to address patient privacy
concerns following the Dobbs decision but is actually a politicized statement
in favor of abortion and against Dobbs. HIPAA covers patients in the womb,
but this guidance treats them as nonpersons contrary to law. The guidance
is unnecessary and contributes to ideologically motivated fearmongering
about abortion after Dobbs.
AUTHOR’S NOTE: The preparation of this chapter was a collective enterprise of selfless individuals involved
in the 2025 Presidential Transition Project. All contributors to this chapter are listed at the front of this volume
and include former officials in the U.S. Department of Health and Human Services and other agencies, as well as
academics, attorneys, and experts in the health care and insurance fields.
— 498 —
Mandate for Leadership: The Conservative Promise
ENDNOTES
1. U.S. Department of Health and Human Services, Strategic Plan, FY 2018–2022, p. 50, https://aspe.hhs.gov/
sites/default/files/documents/feac346aca967bfadc446398679e14ec/hhs-strategic-plan-fy-2018-2022.pdf
(accessed February 7, 2023).
2. “Strategic Goal 1: Protect and Strengthen Equitable Access to High Quality and Affordable Healthcare” in ibid.
“In the context of HHS, this Strategic Plan adopts the definition of underserved communities listed in Executive
Order 13985: Advancing Racial Equity and Support for Underserved Communities through the Federal
Government to refer to ‘populations sharing a particular characteristic, as well as geographic communities,
who have been systematically denied a full opportunity to participate in aspects of economic, social, and civic
life’; this definition includes individuals who belong to underserved communities that have been denied such
treatment, such as Black, Latino, and Indigenous and Native American persons, Asian Americans and Pacific
Islanders and other persons of color; members of religious minorities; lesbian, gay, bisexual, transgender, and
queer (LGBTQ+) persons; persons with disabilities; persons who live in rural areas; and persons otherwise
adversely affected by persistent poverty or inequality. Individuals may belong to more than one underserved
community and face intersecting barriers. This definition applies to the terms underserved communities and
underserved populations throughout this Strategic Plan.” Ibid. Emphasis in original.
3. Karen Weintraub, “Americans’ Life Expectancy Continues to Fall, Erasing Health Gains of the Last Quarter
Century,” USA Today, December 22, 2022, https://www.usatoday.com/story/news/health/2022/12/22/us-life-
expectancy-continues-fall-erasing-25-years-health-gains/10937418002/ (accessed February 6, 2023).
4. Apoorva Mandavilli, “The C.D.C. Isn’t Publishing Large Portions of the Data It Collects,” The New York Times,
updated February 22, 2022, https://www.congress.gov/117/meeting/house/114450/documents/HHRG-117-
IF02-20220302-SD004.pdf (accessed March 22, 2023).
5. Zachary B. Sluzala and Edmund F. Haislmaier, “Lessons from COVID-19: How Policymakers Should Reform the
Regulation of Clinical Testing,” Heritage Foundation Backgrounder No. 3696, March 28, 2022, https://www.
heritage.org/public-health/report/lessons-covid-19-how-policymakers-should-reform-the-regulation-clinical.
6. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, “Centers for
Disease Control and Prevention (C),” https://www.cdc.gov/maso/pdf/cdcmiss.pdf (March 16, 2023).
7. Judith Garber, “CDC ‘Disclaimers’ Hide Financial Conflicts of Interest,” Lown Institute Accountability Blog,
November 6, 2019, https://lowninstitute.org/cdc-disclaimers-hide-financial-conflicts-of-interest/ (accessed
February 6, 2023). See also U.S. Department of Health and Human Services, Centers for Disease Control
and Prevention, “CDC Foundation Active Programs (October 1, 2014–September 30, 2015),” https://www.
cdcfoundation.org/sites/default/files/upload/pdf/CDCFoundation-ActivePrograms-FY2015.pdf (accessed
February 7, 2023); “CDC Active Programs (October 1, 2015–September 30, 2016),” https://www.cdcfoundation.
org/sites/default/files/upload/pdf/CDCFoundation-ActivePrograms-FY2016.pdf (accessed February 7, 2023);
“CDC Foundation Active Programs (October 1, 2016–September 30, 2017),” https://www.cdcfoundation.org/
sites/default/files/upload/pdf/CDCFoundation-ActivePrograms-FY2017.pdf (accessed February 7, 2023); “CDC
Foundation Active Programs (October 1, 2017–September 30, 2018),” https://www.cdcfoundation.org/sites/default/
files/upload/pdf/CDCFoundation-ActivePrograms-FY2018.pdf (accessed February 7, 2023); “CDC Foundation
Active Programs, October 1, 2018–September 30, 2019,” https://www.cdcfoundation.org/sites/default/files/upload/
pdf/CDCFoundation-ActivePrograms-FY2019.pdf (accessed February 7, 2023); “CDC Foundation Active Programs,
October 1, 2029–September 30, 2020,” https://www.cdcfoundation.org/CDCF-ActivePrograms-CDC-FY20?inline
(accessed February 7, 2023); and “CDC Foundation Active Programs, October 1, 2020–September 30, 2021,”
https://www.cdcfoundation.org/CDCF-ActivePrograms-CDC-FY21?inline (accessed February 7, 2023).
8. Joel White and Doug Badger, “In Order to Defeat COVID-19, the Federal Government Must Modernize Its
Public Health Data,” Heritage Foundation Backgrounder No. 3527, September 3, 2020, https://www.heritage.
org/sites/default/files/2020-09/BG3527_0.pdf.
9. S. 15, Ensuring Accurate and Complete Abortion Data Reporting Act of 2023, 118th Congress, introduced
January 23, 2023, https://www.congress.gov/118/bills/s15/BILLS-118s15is.pdf (accessed March 22, 2023), and
H.R. 632, Ensuring Accurate and Complete Abortion Data Reporting Act of 2023, 118th Congress, introduced
January 30, 2023, https://www.congress.gov/118/bills/hr632/BILLS-118hr632ih.pdf (accessed March 22, 2023).
10. Doug Badger, “How Congress Can Make Real Progress on Drug Prices,” Heritage Foundation Issue Brief No.
5016, December 9, 2019, https://www.heritage.org/sites/default/files/2019-12/IB5016_1.pdf.