SAFER Health Act of 2026
- Bill Number
- H.R. 9470
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Health
- Status
- Introduced
- Latest Action
- 2026-06-25: Referred to the House Committee on Energy and Commerce.
- Last Updated
- 2026-07-09T22:40:31Z
AI-Generated Summary
Summary of H.R. 9470: Secure Access for Essential Reproductive Health Act of 2026
Purpose
This legislation seeks to strengthen privacy protections for information related to pregnancy termination or loss under the Health Insurance Portability and Accountability Act (HIPAA) privacy rules and the Health Information Technology for Economic and Clinical Health (HITECH) Act. It aims to prevent unauthorized sharing of such data in legal or other proceedings.
Key Provisions
- Prohibition on Disclosure: Health care providers and their business partners (defined as entities handling protected health information under HIPAA) cannot share details about pregnancy termination or loss in any federal, state, local, or tribal proceedings without the individual's explicit written permission.
- Exceptions: Disclosure is allowed if needed for defending against a professional liability claim by the provider or partner, or to investigate physical harm to the individual linked to the pregnancy outcome when the person cannot consent due to death or incapacity.
- HITECH Act Updates: The Secretary of Health and Human Services must adjust regulations to avoid treating compliance with the privacy rule as "information blocking" and require health information technology systems to separate this type of data for better protection.
- State Law Preemption: Federal rules override conflicting state laws, but states may keep or add stronger privacy safeguards.
- Outreach and Rulemaking: The Secretary must run a public awareness campaign and issue updated regulations through an interim final rule within 90 days, followed by a final rule within 270 days after public comment.
- Definitions: "Pregnancy termination or loss information" covers protected health data on abortions, miscarriages, stillbirths, ectopic pregnancies, and related care or referrals.
Significant Changes to Existing Law
- It adds targeted restrictions to HIPAA privacy regulations (section 164.508) and HITECH rules on information access and technology certification, going beyond general health data protections.
- It modifies preemption exceptions in HIPAA regulations (section 160.203) to limit state overrides specifically for this information type.
- It introduces mandatory data segregation in certified health IT systems, which was not previously required for this category.
Potential Impacts
- On Government Agencies: The Department of Health and Human Services must revise multiple regulations, publish rules on a tight timeline, and conduct outreach to providers and the public.
- On Citizens: Individuals gain enhanced control over sensitive reproductive health records, reducing risks of disclosure in proceedings.
- On States and Local Governments: Conflicting laws are preempted, potentially requiring adjustments to state procedures involving health data, while allowing stricter state protections.
- No direct effects on international relations are specified.
Main Stakeholders Affected
- Individuals seeking or experiencing pregnancy-related care.
- Health care providers, hospitals, and their business associates handling health records.
- Health information technology developers required to update systems.
- The Department of Health and Human Services for implementation and oversight.
- State and tribal governments whose laws may be affected.
Notable Legal, Constitutional, or Political Implications
- Establishes federal preemption over state laws in this area, with an exception for greater state-level privacy measures.
- Requires rapid regulatory changes via interim final rules, bypassing standard notice periods initially.
- Focuses on procedural safeguards in proceedings, potentially affecting how health data is used in civil, criminal, or administrative cases.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (1)
Rep. McClellan, Jennifer L. [D-VA-4]
Recent Actions
- 2026-06-25: Referred to the House Committee on Energy and Commerce.
- 2026-06-25: Introduced in House
- 2026-06-25: Introduced in House
Bill Versions
- Secure Access for Essential Reproductive Health Act of 2026 — issued 2026-06-25 — PDF (6 pages)