SAFER Health Act of 2023 Secure Access for Essential Reproductive Health Act of 2023
Impact
This bill has significant implications for state laws regarding healthcare privacy. It introduces a federal framework that preempts state laws conflicting with these privacy protections, although states can maintain stricter privacy regulations if they offer greater safeguards for pregnancy termination or loss information. By mandating tighter controls on how pregnancy-related information is shared, the bill aims to fortify individual rights in an area that is often subject to public scrutiny and debate.
Summary
SB323, titled the 'Secure Access for Essential Reproductive Health Act of 2023', aims to protect the privacy of pregnancy termination and loss information under the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health (HITECH) Act. The bill prohibits the disclosure of sensitive pregnancy-related information in both federal and state proceedings without the individual's valid consent, thereby ensuring confidentiality during civil, criminal, administrative, or legislative actions.
Contention
Notable points of contention surrounding SB323 involve concerns regarding the balance between individual privacy rights and the necessity of certain disclosures, particularly in legal contexts. Critics argue that while the privacy of reproductive health data is essential, there should be exceptions allowing for disclosures when such information may be crucial to legal defenses or investigations into physical harm. These complexities highlight underlying societal tensions regarding reproductive health and individual rights in healthcare.
Related
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.
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.
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.