SAFER Health Act of 2026

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9470 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 9470

  To ensure the privacy of pregnancy termination or loss information
        under the HIPAA privacy regulations and the HITECH Act.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 25, 2026

  Ms. Jacobs (for herself and Ms. McClellan) introduced the following
    bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

  To ensure the privacy of pregnancy termination or loss information
        under the HIPAA privacy regulations and the HITECH Act.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Secure Access for Essential
Reproductive Health Act of 2026'' or the ``SAFER Health Act of 2026''.

SEC. 2. ENSURING THE PRIVACY OF PREGNANCY TERMINATION OR LOSS
              INFORMATION UNDER THE HIPAA PRIVACY REGULATIONS AND THE
              HITECH ACT.

    (a) In General.--
            (1) Prohibition on disclosure.--Subject to paragraph (2)
        and notwithstanding any regulations promulgated pursuant to
        section 264(c) of the Health Insurance Portability and
        Accountability Act of 1996 (42 U.S.C. 1320d-2 note; Public Law
        104-191), a covered entity or a business associate of a covered
        entity may not disclose pregnancy termination or loss
        information of an individual in Federal, State, local, or
        Tribal proceedings, including civil, criminal, administrative,
        legislative, or other proceedings, without the valid
        authorization of the individual made in accordance with section
        164.508 of title 45, Code of Federal Regulations (or a
        successor regulation).
            (2) Exceptions.--Paragraph (1) shall not apply in the case
        of a disclosure of pregnancy termination or loss information of
        an individual by a covered entity or a business associate of a
        covered entity if--
                    (A) the pregnancy termination or loss information
                is necessary for use in defense of a professional
                liability action or proceeding against the covered
                entity or business associate and the pregnancy
                termination or loss information is disclosed by--
                            (i) the covered entity or business
                        associate to the covered entity's or business
                        associate's attorney or professional liability
                        insurer or insurer's agent; or
                            (ii) the authorized attorney of the covered
                        entity or business associate to a court or body
                        hearing the action or proceeding; or
                    (B)(i) the pregnancy termination or loss
                information is necessary to investigate physical harm
                to the individual by another person directly relating
                to the loss or termination of the pregnancy; and
                    (ii) the individual is unable to provide consent
                due to death or incapacity.
    (b) HITECH.--
            (1) Privacy exception.--The Secretary shall revise section
        171.202 of title 45, Code of Federal Regulations, to clarify
        that an entity's practice of not fulfilling a request to
        access, exchange, or use electronic health information in order
        to comply with subsection (a) shall not be considered
        information blocking (as defined in section 171.103 of title
        45, Code of Federal Regulations (or a successor regulation)) if
        the information is pregnancy termination or loss information.
            (2) Greater security.--The Secretary shall revise section
        170.401 of title 45, Code of Federal Regulations, to require
        that as a condition of certification (as described in that
        section), a health IT developer (as so described) shall
        implement practices that allow for the segregation of data
        relating to pregnancy termination or loss information to ensure
        compliance with subsection (a).
    (c) Preemption; Modification of State Preemption Exceptions.--
            (1) Preemption.--
                    (A) In general.--This section shall preempt any
                State law to the extent that the State law conflicts
                with or prevents application of this section.
                    (B) Effect.--Nothing in subparagraph (A) shall be
                construed to preempt a State law to the extent that the
                State law provides greater privacy protections for
                pregnancy termination or loss information than provided
                under this section.
            (2) Modification.--The Secretary shall revise section
        160.203 of title 45, Code of Federal Regulations, to ensure
        that no exception to the general preemption rule stated in that
        section applies with respect to pregnancy termination or loss
        information other than the exception described in paragraph
        (1)(B).
    (d) Outreach.--The Secretary shall conduct an outreach campaign to
ensure that covered entities, business associates of covered entities,
the public, and affected individuals are aware of the requirements of
this section and any revisions to regulations made pursuant to this
section.
    (e) Procedure.--
            (1) Interim final rule.--Not later than 90 days after the
        date of enactment of this Act, the Secretary shall revise each
        regulation as required by this section through publication of
        an interim final rule in the Federal Register.
            (2) Final rule.--Not later than 270 days after the date on
        which an interim final rule is published under paragraph (1),
        the Secretary, after providing opportunity for public comment,
        shall publish in the Federal Register a final rule with such
        modifications as the Secretary determines appropriate.
    (f) Definitions.--In this section:
            (1) HIPAA terms.--The terms ``business associate'',
        ``covered entity'', and ``protected health information'' have
        the meanings given those terms in section 160.103 of title 45,
        Code of Federal Regulations (or a successor regulation).
            (2) Pregnancy termination or loss information.--The term
        ``pregnancy termination or loss information'' means protected
        health information of an individual that relates to information
        that could reveal having or seeking an abortion or care for
        pregnancy loss, including, without limitation, any request for,
        or receipt of, items, services, education, counseling, or
        referrals relating to the termination or loss of a pregnancy of
        the individual, including abortion, miscarriage, stillbirth,
        and ectopic pregnancy.
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of Health and Human Services.
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