SAFER Health Act of 2023
Latest action (9 Feb 2023): Introduced
What this bill does
The SAFER Health Act of 2023 (S. 323) would restrict how health care providers and their business associates can disclose information about a patient's pregnancy termination or loss—including abortion, miscarriage, stillbirth, and ectopic pregnancy—in legal proceedings. Under the bill, such information generally could not be disclosed without the patient's authorization, with limited exceptions for legal defense of the provider or investigation of physical harm when the patient cannot consent. The bill also directs the Department of Health and Human Services to update related HIPAA and HITECH regulations, including rules on information blocking and data security, and to clarify how the bill interacts with state privacy laws, generally preempting weaker state protections while preserving stronger ones.
The bill would primarily affect health care providers, insurers, and health IT companies that handle patient records (covered entities and their business associates), as well as patients seeking pregnancy-related care. It aims to limit the use of medical records concerning pregnancy loss or termination in court cases, government investigations, or other proceedings without patient consent.
The bill was introduced by Senator Mazie Hirono on February 9, 2023, with several Democratic cosponsors, and was referred to the Senate Committee on Health, Education, Labor, and Pensions. It has not received a vote and, according to available records, did not advance further in the 118th Congress.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
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.
Common questions
- What does S. 323 do?
- The SAFER Health Act of 2023 (S. 323) would restrict how health care providers and their business associates can disclose information about a patient's pregnancy termination or loss—including abortion, miscarriage, stillbirth, and ectopic pregnancy—in legal proceedings. Under the bill, such information generally could not be disclosed without the patient's authorization, with limited exceptions for legal defense of the provider or investigation of physical harm when the patient cannot consent. The bill also directs the Department of Health and Human Services to update related HIPAA and HITECH regulations, including rules on information blocking and data security, and to clarify how the bill interacts with state privacy laws, generally preempting weaker state protections while preserving stronger ones. The bill would primarily affect health care providers, insurers, and health IT companies that handle patient records (covered entities and their business associates), as well as patients seeking pregnancy-related care. It aims to limit the use of medical records concerning pregnancy loss or termination in court cases, government investigations, or other proceedings without patient consent. The bill was introduced by Senator Mazie Hirono on February 9, 2023, with several Democratic cosponsors, and was referred to the Senate Committee on Health, Education, Labor, and Pensions. It has not received a vote and, according to available records, did not advance further in the 118th Congress.
- Has S. 323 become law?
- Not yet. As of 9 Feb 2023, S. 323 is introduced.
- Who sponsored S. 323?
- S. 323 was sponsored by Sen. Mazie Hirono [D-HI] (Democrat-HI), with 14 cosponsors.
- What's the latest action on S. 323?
- Introduced (9 Feb 2023).
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