BREAKING: Microsoft has announced it will pay travel costs for its employees seeking an abortion.

[Ms. Toad]

48. The question I was addressing disclosure to employers.

The question I was addressing is the repeated concern that individuals would not want to disclose to their employer that they need to travel for an abortion. The exceptions to HIPAA don't include permitting a third party medical clearing entity to disclose the reason for the expenditure to the employer.

Whether the HIPAA exception would permit that 3d party clearing entity to disclose information to law enforcement, or in response to a subpoena, is an entirely different question (and one which will likely take some time to play out in court).

The draft opinion overturning Roe leaves states free to prohibit abortion within the boundaries of their state. It does not make abortion a federal crime, nor does it required that every state outlaw abortions. Obtaining an abortions in a state in which abortion is legal is not a crime.

There are strong constitutional presumptions regarding the right of citizens to travel between states (commerce clause, privileges & immunities are two such provisions). States are generally constitutionally prohibited from restricting travel for the purpose of engaging in imterstate commerce (e.g. to obtain (and pay for) abortion services.)

That doesn't mean there won't be states which try to make it a crime - just that such attempts are extremely unlikely to be successful.

So - it is unlikely that the HIPAA exception would permit that 3d party clearing entity to disclose information to the state under the exceptions related to criminal activity.

Gender affirming care likely falls into the same category - although it is more complicated because it isn't a one-time thing, and would involve continued care within the state which makes it illegal (e.g. puberty blocking medication taken on an ongoing basis).