Executive Order 14076 · Signed Jul 8, 2022

87 FR 42053 · Published Jul 13, 2022 · Effective on signing

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Protecting Access to Reproductive Healthcare Services

reproductive healthcareabortion accesspatient privacyfederal health policyinteragency coordination

Signed by President Joseph R. Biden Jr.

Directs the Department of Health and Human Services, the Justice Department, and other agencies to identify and coordinate actions protecting access to reproductive healthcare services — including abortion — following the Supreme Court's elimination of the constitutional right recognized in Roe v. Wade.

Establishes a new interagency task force to coordinate federal policy and outreach, and directs agencies to consider steps protecting patient privacy, provider safety, and access to emergency medical care under existing law.

What this order does

What it orders

The order directs the Secretary of Health and Human Services to submit a report to the President within 30 days identifying potential actions to protect and expand access to abortion care, reproductive healthcare, family planning, and emergency contraception — along with outreach, public education, and patient-rights information initiatives. It directs the Attorney General and Counsel to the President to convene a meeting of pro bono attorneys and bar associations to encourage legal representation for patients and providers. It also directs the Attorney General and the Secretary of Homeland Security to consider steps ensuring the safety of patients, providers, and clinics.

The order establishes an Interagency Task Force on Reproductive Healthcare Access, co-chaired by the HHS Secretary and the Director of the Gender Policy Council, to coordinate federal policymaking, program development, and outreach. It further directs HHS to consider issuing HIPAA guidance to strengthen privacy protections for sensitive reproductive health data, and encourages the FTC to consider consumer privacy actions. The order does not itself change any existing law, waive any regulation, or create enforceable rights.

Who it affects

Patients seeking reproductive healthcare, including abortion, emergency contraception, and miscarriage care; healthcare providers and clinics, especially in states restricting abortion; federal agencies tasked with coordinating and implementing protective measures; and pro bono attorneys and bar associations asked to assist affected individuals.

Why it matters

People in states that have restricted or banned abortion may gain access to federally coordinated outreach, legal assistance, and privacy protections. Clinics and providers could receive clearer federal guidance on patient safety and HIPAA obligations. Any concrete policy changes, however, depend on future agency actions that this order sets in motion.

What must happen and when

How the order is supposed to work

The order works in stages: HHS submits a report within 30 days identifying possible actions, which the newly created Interagency Task Force then coordinates across agencies. Each subsequent step — issuing HIPAA guidance, launching public-awareness campaigns, clarifying EMTALA emergency-care obligations — depends on that report and on agencies independently completing their rulemaking or guidance processes. The order contains a standard severability clause and explicitly states it creates no enforceable rights against the government.

Actions and deadlines

  • Submit report to President identifying potential actions to protect and expand reproductive healthcare accessWithin 30 days of signing
  • Convene meeting of pro bono attorneys and bar associations to encourage representation of patients and providersNo deadline specified
  • Consider actions to ensure safety of patients, providers, and clinic securityNo deadline specified
  • Consider issuing HIPAA guidance to strengthen protection of reproductive health informationNo deadline specified
  • Consider actions to educate consumers on protecting reproductive health privacyNo deadline specified
  • Consider options to address deceptive or fraudulent practices related to reproductive healthcare servicesNo deadline specified
  • Establish and begin operating the Interagency Task Force on Reproductive Healthcare AccessNo deadline specified
  • Provide technical assistance to states seeking to protect out-of-state patients and providersNo deadline specified

Agencies directed to act

Department of Health and Human ServicesDepartment of JusticeDepartment of Homeland SecurityGender Policy Council

Authority and reach

Authorities cited

Article II

Constitutional grant of executive power to the President of the United States.

Executive Order

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Executive Order 14076: Protecting Access to Reproductive Healthcare Services | EO Reporter