Watchdog demands fraud probe of anti-abortion centers over privacy concerns

A watchdog group has asked the New Jersey Attorney General’s Office to investigate a Sussex County anti-abortion pregnancy center for fraud, saying the center misleads patients by assuring them it complies with medical privacy laws even though it’s not subject to such laws.

Today’s Choice Women’s Center collects sensitive health information on menstrual cycles, contraceptive use, and prior pregnancies from people who visit its website or Newton office for free pregnancy tests and abortion information. Because it does not bill insurance or any other entity, though, it doesn’t have to follow the Health Insurance Portability and Accountability Act (HIPAA), a federal law mandating the confidentiality of medical records.

Yet the center assured visitors to its website that it was “fully HIPAA-compliant,” a deceptive claim that could violate the state Consumer Fraud Act and warrants investigation, Campaign for Accountability Executive Director Michelle Kuppersmith wrote in a Tuesday letter to Attorney General Matt Platkin.

The Washington, D.C.-based progressive nonprofit, which investigates misconduct and corruption in the government and private sectors, also sent letters to attorneys general in Pennsylvania, Washington, Idaho, and Minnesota about centers affiliated with Heartbeat International and Care Net, anti-abortion groups that target women searching for abortion providers in their effort to “save babies.”

Kuppersmith’s call to action comes almost a year and a half after Platkin issued a consumer alert warning the public about places like Today’s Choice that appear to be medical facilities and offer free services to attract people facing unintended pregnancies. Instead, they’re often ministries whose mission is to discourage abortion, Platkin warned.

Kuppersmith noted Platkin has “demonstrated concern” over the deceptive practices of the 50-some such centers in New Jersey through the consumer alert and his office’s coinciding, ongoing investigation.

“CfA is raising yet another significant problem: CPCs telling consumers they are HIPAA compliant when they are not,” Kuppersmith told the New Jersey Monitor.

This claim is deceptive and creates a privacy risk that could expose patients to criminal penalties and civil lawsuits, as some states act to criminalize abortion, she noted in her letter.

The group did not outright accuse the groups of misusing patients’ health information, but expressed concern they might use it to further their anti-abortion goals and said attorneys generals should investigate how it’s used.

Confusing consumers

Today’s Choice’s executive director and services manager did not respond to the New Jersey Monitor’s requests for comment. But the center has removed the “fully HIPAA-compliant” language from its website.

Now, the language on the site reads, “Today’s Choice Women’s Center will never rent, sell, or lease your confidential information.” The very next sentence backpedals: “However, legal reasons could necessitate the sharing of such information.” And a separate notice warns that the center’s privacy practices could change at any time, “are voluntarily undertaken, and ARE NOT INTENDED TO CREATE ANY CONTRACTUAL OR LEGAL RIGHTS ON BEHALF OF CLIENTS.”

Tara Murtha works for the Women’s Law Project, a Pennsylvania-based public interest legal center that joined Kuppersmith’s call for an investigation.

Such inconsistent, contradictory messaging is deeply concerning, she said, considering a 2021 study showed many women — especially those with low health literacy or limited knowledge about abortion — have a tough time telling the difference between the websites of abortion clinics and anti-abortion centers.

“HIPAA has become shorthand in the consumer mind for ‘my medical data is going to be protected.’ So invoking HIPAA language, when you’re not a medical facility that has to comply with HIPAA, is particularly problematic,” Murtha said. “These are the types of incoherent messages that are enough to confuse a consumer.”

That’s especially likely among younger people, she noted. Anti-abortion centers target children as young as 13 years old, she added. Teens 13 to 19 account for 8% of people who got abortions in 2021, the Pew Research Center reported last month.

“How would a kid answering medical-sounding questions asked by an adult representing a place with an image of medical personnel on the home page know their health data is not legally protected? Where does their data go, how long is it stored, who is it shared with, and for what purpose?” Murtha said.

Investigation ongoing

Platkin’s office is already investigating such things.

The office typically doesn’t confirm or comment on ongoing probes. But details have emerged in a federal lawsuit First Choice Women’s Resource Centers, which has five sites in New Jersey, filed in December to block a subpoena Platkin issued for their advertisements, financials, privacy policies, complaints, and other records dating back to 2013, court paperwork shows.

A federal judge in January denied First Choice’s request for an injunction, directing them to state court, but the chain’s attorneys appealed Monday.

In that brief, the center’s attorneys accused Platkin of a “campaign of hostility toward faith-based pro-life pregnancy centers” that resulted in an unconstitutional, “groundless, unduly burdensome, and purposefully harassing investigation.”

Platkin said through a spokesman that his office said “will use all available resources to protect the rights of those who seek reproductive care.”

“That includes consumers’ rights and patient privacy, which are top priorities for our office,” Platkin said, according to spokesman Michael Symons. “We have taken a number of actions to safeguard data privacy, whether the data is in the hands of a company like Meta or an office advertising medical care. We will always take seriously any violations of state or federal law protecting privacy.”