Watchdog Asks Louisiana AG to Investigate Deceptive Pregnancy Center Following Leak and HHS Determination
FOR IMMEDIATE RELEASE: December 11, 2024
Contact: Michael Clauw, mclauw@campaignforaccountability.org, 202.780.5750
WASHINGTON, D.C. – Yesterday, Campaign for Accountability (CfA), a non-profit watchdog group, filed a complaint with Louisiana Attorney General Liz Murrill asking her office to investigate ongoing deceptive practices by The Unexpected Pregnancy Center, a “crisis pregnancy center” (CPC) in the state. The Center is one of many CPCs around the country that claim its clients’ personal data is protected under HIPAA, when it is not—a fact recently confirmed in the case of the Center by the Department of Health and Human Services. Further, the Center appears to have inadequately responded after its affiliate organization, Heartbeat Intentional, leaked the names and personal health information of at least 13 of the Center’s clients to the open internet.
CfA Executive Director Michelle Kuppersmith said, “It appears the Unexpected Pregnancy Center provided false assurances of data privacy to persuade women to hand over sensitive health information. This is not about abortion, but about consumers’ reasonable expectation that when a provider tells them their information is protected by HIPAA, it’s true. Louisiana law prohibits such deceptive conduct and Attorney General Murrill should use her authority to enforce the law.”
Earlier this year, Abortion Every Day reported that a video posted by Heartbeat International leaked the names of 13 former clients of the Center to the open internet. The names, as well as other personal information such as the women’s due dates and dates of their last menstrual periods, were visible on screen as part of a series of training videos, which appear to show a nonmedical Heartbeat employee wielding access to vast amounts of affiliate client data.
In its “Notice of Privacy Practices” on its website, the Center specifically provided clients with instructions for filing a complaint with HHS’ Office of Civil Rights (OCR) if they feel their data has been misused. Following the Center’s guidance, CfA filed a complaint with OCR regarding the posting of the Louisiana clients’ personal data. HHS responded to CfA’s complaint in November, clarifying that it does not have the jurisdiction in this case, and that “the requirements of the HIPAA Rules do not apply to The Unexpected Pregnancy Center & Heartbeat International.”
CfA has urged Attorney General Murrill to investigate the Center’s false claims about HHS oversight as a potential violation of the Louisiana Unfair Trade and Deceptive Practices Act, and to investigate its potentially inadequate response to the leak of personal data under the Louisiana Database Security Breach Notification Law.
Ms. Kuppersmith continued, “HHS has made clear that, contrary to The Unexpected Pregnancy Center’s claims, it has no jurisdiction over the Center and no authority to act over the data leak. It is up to Attorney General Murrill to take action against the Center and protect the women of Louisiana.”
Campaign for Accountability is a nonpartisan, nonprofit watchdog organization that uses research, litigation, and aggressive communications to expose misconduct and malfeasance in public life and hold those who act at the expense of the public good accountable for their actions.