SAFER Health Act of 2026
- Bill Number
- S. 4920
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 2
- Policy Area
- Health
- Status
- Introduced
- Latest Action
- 2026-06-24: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
- Last Updated
- 2026-07-09T23:21:38Z
AI-Generated Summary
Purpose This legislation seeks to strengthen privacy protections for information related to pregnancy termination or loss under existing federal health privacy rules.
Key Provisions
- Prohibits disclosure: Covered entities and their business associates may not share pregnancy termination or loss information in any federal, state, local, or tribal legal proceedings without the individual's valid authorization.
- Limited exceptions: Disclosure is allowed only for defending against professional liability claims (to attorneys or insurers) or when investigating physical harm to the individual if the person cannot consent due to death or incapacity.
- Health IT requirements: Directs updates to prevent non-disclosure from being treated as information blocking and requires certified health IT systems to segregate such data.
- State law interaction: Overrides conflicting state laws but permits states to enact stronger privacy rules.
- Implementation: Requires the Secretary of Health and Human Services to issue interim and final rules within set timelines and conduct public outreach.
Significant Changes to Existing Law
- Creates a specific prohibition on using HIPAA-protected data in legal proceedings for this category of information.
- Modifies HITECH Act rules on information blocking and data handling.
- Adjusts preemption standards in HIPAA regulations to limit exceptions for state laws regarding this data type.
Potential Impacts
- Government agencies: Requires HHS to update regulations, oversee compliance, and run awareness campaigns, affecting the Department of Health and Human Services.
- Citizens: Provides individuals with greater control over sensitive reproductive health records in court or administrative settings.
- International relations: No direct effects identified in the bill.
Main Stakeholders Affected
- Healthcare providers and entities covered by HIPAA.
- Health IT developers and business associates.
- Individuals seeking or receiving care related to pregnancy termination or loss.
- State governments and legal systems handling related proceedings.
Notable Legal, Constitutional, or Political Implications
- Establishes federal preemption over state disclosure rules in this area while allowing enhanced state protections.
- Raises questions about balancing individual privacy with state interests in legal proceedings, though the bill itself does not address constitutional issues.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (13)
Sen. Bennet, Michael F. [D-CO], Sen. Booker, Cory A. [D-NJ], Sen. Duckworth, Tammy [D-IL], Sen. Hickenlooper, John W. [D-CO], Sen. Markey, Edward J. [D-MA], Sen. Murray, Patty [D-WA], Sen. Schiff, Adam B. [D-CA], Sen. Warner, Mark R. [D-VA], Sen. Warren, Elizabeth [D-MA], Sen. Whitehouse, Sheldon [D-RI], Sen. Wyden, Ron [D-OR], Sen. Cortez Masto, Catherine [D-NV], Sen. Heinrich, Martin [D-NM]
Recent Actions
- 2026-06-24: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
- 2026-06-24: Introduced in Senate
Bill Versions
- Secure Access for Essential Reproductive Health Act of 2026 — issued 2026-06-24 — PDF (6 pages)