Us Congress 2023-2024 Regular Session

Us Congress House Bill HB459

Introduced
1/24/23  
Refer
1/24/23  

Caption

Secure Access for Essential Reproductive Health Act of 2023 or the SAFER Health Act of 2023 This bill prohibits health care providers and insurance plans from disclosing in a legal proceeding an individual's personal health information related to an abortion or pregnancy without the individual's valid authorization. The prohibition applies to federal, state, local, and tribal proceedings, including civil, criminal, administrative, and legislative proceedings. The bill provides limited exceptions such as if the information is necessary to investigate physical harm to the individual. Further, the Department of Health and Human Services must conduct an outreach campaign to inform covered entities and the public about the prohibition.

Impact

The bill is poised to establish a significant change in the handling of personal health information related to reproductive health. By reinforcing the privacy protection of this data, it aims to generate a safer environment where individuals can seek and receive care without fear of unsolicited disclosure of their health information. Furthermore, the implications might result in altered state-level laws pertaining to the disclosure of similar health information, aligning them more closely with federal standards as outlined in this bill.

Summary

House Bill 459, known as the Secure Access for Essential Reproductive Health Act of 2023 (SAFER Health Act), seeks to enhance the privacy of individuals' health information related to pregnancy termination or loss under the existing HIPAA privacy regulations and the HITECH Act. The bill prohibits health care providers and insurance plans from disclosing personal health information concerning pregnancy termination without the valid authorization of the individual concerned. This prohibition extends across various legal proceedings, including federal, state, local, and tribal settings, thereby establishing strict safeguards around sensitive personal health data.

Contention

Discussions around HB 459 may ignite debate regarding the balance between necessary medical disclosures in legal situations and individual privacy rights. Some stakeholders, particularly health care professionals and insurers, may express concerns about how these new restrictions could hinder their operations or complicate legal proceedings where such information might be relevant. Additionally, the bill includes provisions that allow exceptions for disclosures necessary for investigating physical harm, which may lead to differing interpretations of what constitutes 'necessary' and create potential conflicts over medical ethics and patient rights.

Companion Bills

US SB323

Related bill SAFER Health Act of 2023 Secure Access for Essential Reproductive Health Act of 2023

Previously Filed As

US HB445

HHS Reproductive and Sexual Health Ombuds Act of 2023 This bill creates a position within the Department of Health and Human Services to support access to reproductive and sexual health services (including services relating to pregnancy and the termination of a pregnancy) that are evidence-based and medically accurate. Functions of the position include (1) educating the public about medication abortions and other sexual and reproductive health services, (2) collecting and analyzing data about consumer access to and health insurance coverage for those services, and (3) coordinating with the Federal Trade Commission on issues related to consumer protection and data privacy for those services.

US SB323

SAFER Health Act of 2023 Secure Access for Essential Reproductive Health Act of 2023

US HB286

Health Care Providers Safety Act of 2023 This bill authorizes the Department of Health and Human Services to award grants to health care providers for security services and other expenses related to physical security and cybersecurity.

US HB7

No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2023 This bill modifies provisions relating to federal funding for, and health insurance coverage of, abortions. Specifically, the bill prohibits the use of federal funds for abortions or for health coverage that includes abortions. Such restrictions extend to the use of funds in the budget of the District of Columbia. Additionally, abortions may not be provided in a federal health care facility or by a federal employee. Historically, language has been included in annual appropriations bills for the Department of Health and Human Services (HHS) that prohibits the use of federal funds for abortions—such language is commonly referred to as the Hyde Amendment. Similar language is also frequently included in appropriations bills for other federal agencies and the District of Columbia. The bill makes these restrictions permanent and extends the restrictions to all federal funds (rather than specific agencies). The bill's restrictions regarding the use of federal funds do not apply in cases of rape, incest, or where a physical disorder, injury, or illness endangers a woman's life unless an abortion is performed. The Hyde Amendment provides the same exceptions. The bill also prohibits qualified health plans from including coverage for abortions. Currently, qualified health plans may cover abortion, but the portion of the premium attributable to abortion coverage is not eligible for subsidies.

US HB55

Preventing Vigilante Stalking that Stops Women's Access to Healthcare and Abortion Rights Act of 2022 This bill increases the maximum prison term for a stalking offense, if the offense is committed with the intent to obtain an individual's health care information or prevent an individual's health care decisions.

US SB76

Standing with Moms Act of 2023 This bill requires the Department of Health and Human Services (HHS) to disseminate information about pregnancy-related resources. Specifically, HHS must maintain a public website (life.gov) that lists such resources that are available through federal, state, and local governments and private entities. Additionally, HHS must maintain on its website a portal that provides a user, based on the user's responses to a series of questions, tailored information about pregnancy resources available in the user's zip code and risks related to abortion. HHS must develop a plan to conduct follow-up outreach to users of the portal (if the user consents to the outreach). States must recommend resources that meet criteria set by HHS for including through the portal. HHS may award grants to states to establish or support a system that aggregates resources to include on the portal. Further, the Health Resources and Services Administration must share information about life.gov and the portal through the Maternal Mental Health Hotline. HHS must also ensure that the life.gov website and hotline are available to families who speak languages other than English. The bill excludes from life.gov, the portal, and the hotline resources provided by entities that (1) perform, induce, refer for, or counsel in favor of abortions; or (2) financially support such entities. The bill also requires HHS to report on traffic to life.gov and the portal, gaps in services available to pregnant and postpartum individuals, and related matters.

US HB371

Defund Planned Parenthood Act of 2023 This bill restricts federal funding for Planned Parenthood Federation of America Inc. or any of its affiliates or clinics for one year. Specifically, it prohibits funding those entities unless they certify that the affiliates and clinics will not perform, and will not provide funds to entities that perform, abortions during that year. If the certification requirement is not met, the Department of Health and Human Services and the Department of Agriculture must recoup any federal assistance received by those entities. However, the bill's funding restriction does not apply to abortions performed in cases of rape or incest or when necessary to resolve a physical condition that endangers a woman's life. The bill also provides additional funding for community health centers for the one-year period. These funds are subject to the same abortion-related restrictions and exceptions.

US HB330

Title X Abortion Provider Prohibition Act This bill prohibits the Department of Health and Human Services (HHS) from awarding family planning grants to entities that perform abortions or provide funding to other entities that perform abortions. To receive a grant, an entity must certify it will refrain from those activities during the grant period. The bill provides exceptions for abortions (1) in cases of rape or incest; or (2) when the life of the woman is in danger due to a physical disorder, injury, or illness. It also exempts hospitals unless they provide funds to non-hospital entities that provide abortions. HHS must report annually on this prohibition.

US HB128

Defund Planned Parenthood Act of 2023 This bill restricts federal funding for Planned Parenthood Federation of America Inc. or any of its affiliates or clinics for one year. Specifically, it prohibits funding those entities unless they certify that the affiliates and clinics will not perform, and will not provide funds to entities that perform, abortions during that year. If the certification requirement is not met, the Department of Health and Human Services and the Department of Agriculture must recoup any federal assistance received by those entities. However, the bill's funding restriction does not apply to abortions performed in cases of rape or incest or when necessary to resolve a physical condition that endangers a woman's life. The bill also provides additional funding for community health centers for the one-year period. These funds are subject to the same abortion-related restrictions and exceptions.

US HB12

Women's Health Protection Act of 2023 This bill prohibits governmental restrictions on the provision of, and access to, abortion services. Before fetal viability, governments may not restrict providers from using particular abortion procedures or drugs, offering abortion services via telemedicine, or immediately providing abortion services if delaying risks the patient's health. Furthermore, governments may not require providers to perform unnecessary medical procedures, provide medically inaccurate information, or comply with credentialing or other conditions that do not apply to providers who offer medically comparable services to abortions. Additionally, governments may not require patients to make medically unnecessary in-person visits before receiving abortion services or disclose their reasons for obtaining services. After fetal viability, governments may not restrict providers from performing abortions when necessary to protect a patient's life and health. The same provisions that apply to abortions before viability also apply to necessary abortions after viability. Additionally, states may authorize post-viability abortions in circumstances beyond those that the bill considers necessary. Further, the bill recognizes an individual's right to interstate travel, including for abortion services. The bill also prohibits governments from implementing measures that are similar to those restricted by the bill or that otherwise single out and impede access to abortion services, unless the measure significantly advances the safety of abortion services or health of patients and cannot be achieved through less restrictive means. The Department of Justice, individuals, or providers may sue states or government officials to enforce this bill, regardless of certain immunity that would otherwise apply.

Similar Bills

CA AB602

False advertising: pregnancy-related services.

NJ S3545

Provides certain deceptive practices in advertising of pregancy-related services violate the consumer fraud act.

NJ A2145

Provides certain deceptive practices in advertising of pregnancy-related services violate the consumer fraud act.

NJ S2522

Provides certain deceptive practices in advertising of pregnancy-related services violate the consumer fraud act.

NJ A861

Provides certain deceptive practices in advertising of pregnancy-related services violate the consumer fraud act.

NJ A5418

Requires pregnancy centers to disclose certain information in multiple languages.

SC H3504

Pregnancy CARE Act

SC H3012

Pregnancy CARE Act