How the Texas abortion law may actually be enforced:
Doctors aren't the only potential defendants; as stated in the law, they could also be anyone who"knowingly engages in conduct that aids or abets the performance or inducement of an abortion, including paying for or reimbursing the costs of an abortion through insurance or otherwise."
The law further states that a lawsuit can be brought against someone"regardless of whether the person knew or should have known that the abortion would be performed or induced" -- a broad interpretation of which experts say could further widen the scope of potential defendants to, for instance, an unwitting ride-share driver.
The plaintiff would have to show that a doctor performed an illegal abortion. That could involve the medical records -- protected health information under HIPAA -- of the person who received the abortion, who wouldn't be a party in the lawsuit. "Let's say that the person bringing the lawsuit says that an abortion was provided on X date to X person -- then that could be specified in the court order," she said.
"The HIPAA requirements make it very unlikely that you could just have generalities," Dineen said."You'd have to have pretty good information, and then it would be subject to all those protections as well." There are licensure penalties that can apply as well, which could result in providers losing their license, Smith said.
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