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.
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.
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.
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.