Reps. Sara Jacobs And Anna Eshoo Introduce Bill To Strengthen HIPAA In Post-Roe Era

WASHINGTON, Jan. 25 -- Rep. Sara Jacobs, D-California, issued the following news release on Jan. 24, 2023:

In recognition of the 50th anniversary of Roe v. Wade, Congresswoman Sara Jacobs (CA-51) and Congresswoman Anna Eshoo (CA-16) today introduced the Secure Access for Essential Reproductive (SAFER) Health Act to strengthen the Health Insurance Portability and Accountability Act (HIPAA) in the post-Roe era. The legislation would prohibit medical providers from disclosing personal health information related to pregnancy termination or loss without patient consent.

Recently, an Indiana doctor who provided an abortion to a 10-year-old rape victim tried to block a subpoena of the patient's medical records, citing concerns about patient privacy. Similar subpoenas and attempts to access abortion patients' medical records will likely become more frequent in the post-Roe era.

"When we go to the doctor, we expect that our personal medical information will be kept confidential and secure," said Congresswoman Sara Jacobs. "But in our new post-Roe reality, Republican state Attorneys General and other right-wing groups could weaponize existing HIPAA loopholes and target reproductive health information to prosecute extreme abortion bans. The SAFER Health Act will strengthen and expand HIPAA to protect patients and ensure doctors can't share their personal health information related to abortion or pregnancy loss without consent."

"In our post-Roe reality, at least 13 states have enacted draconian abortion bans that decrease access to care and put patients and providers at risk of prosecution," said Rep. Anna Eshoo. "I'm proud to introduce this legislation to strengthen current health privacy laws to ensure that patients can talk to their doctor without fear of their medical information being used against them in court."

NARAL Pro-Choice America President, Mini Timmaraju said: "Republican extremists across the country have made it clear: they will violate your personal privacy in order to punish you for seeking abortion care. They will use any means necessary, whether it's reading your private messages or your medical chart. That's why this legislation to federally protect confidential health data relating to abortion is so critical. This bill will shore up HIPAA to maintain patient confidentiality as they make their own decisions about their bodies and lives. We thank Reps. Jacobs and Eshoo for this important legislation and urge Congress to pass it swiftly."

Alexis McGill Johnson, President and CEO, Planned Parenthood Federation of America said: "Everyone should have the right to make personal decisions about their reproductive health care and futures. And when they make those decisions, their privacy and safety must be respected and protected. Anti-abortion lawmakers have made it clear that they will stop at nothing to take away our rights, increasingly putting patients' personal reproductive health information at risk. The Secure Access for Essential Reproductive Health Act is an important step to protecting patients' privacy when they access essential and time-sensitive health care."

Carmel Shachar, J.D., M.P.H., Executive Director, The Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School said: "HIPAA provides much-needed privacy and security for medical records. In the changing reproductive rights landscape, however, it provides limited protection for people seeking abortion care, even if they travel to states that allow these services. This bill proposes to give patients better control over their reproductive information, allowing them to enjoy the privacy protections we all expect as we work with our physicians to pursue the care we need."

Dr. Jamila Perritt, President & CEO of Physicians for Reproductive Health said: "No one should be threatened or surveilled because of their health care needs, and that includes abortion care. Even though health care providers are already bound by privacy regulations like HIPAA, this legislation is an important step to getting clear on the fact that no matter someone's pregnancy or pregnancy loss, there is no requirement to share information about someone's health with law enforcement or participate in investigations. As a community, we should be committed to protecting patients and communities, and that includes protecting them from unnecessary reporting, tracking, and surveilling of their health."

Meghana Rao, MD, Board Chair, Doctors for America said: "Doctors for America applauds Representatives Eshoo and Jacobs' introduction of the Secure Access for Essential Reproductive (SAFER) Health Act. This measure makes important strides towards remedying the concern we have heard from many of our physician leaders and our patients about the unauthorized sharing of reproductive health information and its potential repercussions. We are grateful for measures that are fighting to make sure that the personal health information of patients everywhere is private and protected."

The SAFER Health Act would:

* Prohibit HIPAA-covered entities and their business associates from disclosing personal health information related to pregnancy termination or loss in proceedings without valid authorization from the patient;

* Apply to federal, State, local, or Tribal proceedings, including civil, criminal, administrative, or legislative proceedings;

* Direct HHS to revise HIPAA and health information technology regulations necessary to enforce the Act; and

* Direct HHS to conduct a national campaign to educate covered entities and their business associates about the revisions.

The SAFER Health Act is endorsed by the Planned Parenthood Federation of America, NARAL Pro-Choice America, American College of Obstetricians and Gynecologists, Physicians for Reproductive Health, Doctors for America, National Partnership for Women and Families, Stanford Health Care, Stanford Medicine Children's Health, and URGE: Unite for Reproductive and Gender Equity.

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Original text here: https://sarajacobs.house.gov/news/documentsingle.aspx?DocumentID=682