,i #aahth ,,congress #ast ,session ,h4 ,r4 #dei ,,in ,,the ,,house ,,of ,,representatives ,january #bd1 #bjbc ,ms4 ,eshoo 7for herself and ,ms4 ,jacobs7 introduced the following bill2 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 ,act4 #a4 ,short title ,this ,act may be cited as the ,secure ,access ,for ,essential ,reproductive ,health ,act of #bjbc or the ,,safer ,health ,act of #bjbc4 #b4 ,ensuring the privacy of pregnancy termination or loss information under the ,,hipaa privacy regulations and the ,,hitech ,act 7a7 ,in general 7#a7 ,prohibition on disclosure ,subject to paragraph 7#b7 and nothwithstanding any provision in regulations promulgated pursuant to section #bfd7;c7 of the ,health ,insurance ,portability and ,accountability ,act of #aiif 7,public ,law #ajd-aia71 a covered entity or business associate of such entity may not disclose pregnancy termination or loss information of an individual in ,federal1 ,state1 local1 or tribal proceedings1 including civil1 criminal1 administrative1 legislative1 or other proceedings1 without the valid authorization of the individual made in accordance with section #afd4ejh of title #de1 ,code of ,federal ,regulations4 7#b7 ,exceptions ,paragraph 7#a7 shall not apply in the case of a disclosure of pregnancy termination or loss information of an individual by a covered entity or business associate of a covered entity if-- 7,a7 such information is necessary for use in defense of a professional liability action or proceeding against the covered entity or business associate and such information is disclosed by-- 7i7 the covered entity or business associate to such covered entity's or business associate's attorney or professional liability insurer or insurer's agent2 or 7ii7 the authorized attorney of such covered entity or business associate to a court or body hearing such action or proceeding2 or 7,b7 such information is necessary to-- 7i7 investigate physical harm to such individual by another person directly relating to the loss or termination of the pregnancy2 and 7ii7 such individual is unable to provide consent due to death or incapacity4 7b7 ,,hitech 7#a7 ,privacy exception ,the ,secretary of ,health and ,human ,services shall revise section #aga4bjb of title #de1 ,code of ,federal ,regulations1 to clarify that an entity's practice of not fulfilling a request to access1 exchange1 or use electronic health information in order to comply with subsection 7a7 will not be considered information blocking 7as defined for purposes of such section7 if such information is pregnancy termination or loss information4 7#b7 ,greater security ,the ,secretary of ,health and ,human ,services shall revise section #agj4dja of title #de1 ,code of ,federal ,regulations1 to require that as a condition of certification 7as described in such section71 a health ,,it developer 7as so described7 shall implement practices that allow for the segregation of data related to pregnancy termination or loss information to ensure compliance with subsection 7a74 7c7 ,modification of state preemption exceptions 7#a7 ,in general ,the provisions of this section shall preempt any ,state law to the extent such law conflicts with or prevents application of this section4 ,nothing in the preceding sentence shall be construed to preempt a ,state law to the extent that such law provides greater privacy protections for pregnancy termination or loss information than provided under this section4 7#b7 ,modification ,the ,secretary of ,health and ,human ,services shall revise section #afj4bjc of title #de1 ,code of ,federal ,regulations 7or a successor regulation71 to ensure that no exception to the general preemption rule stated in such section applies with respect to pregnancy termination or loss information other than the exception under the second sentence of paragraph 7#a74 7d7 ,outreach ,the ,secretary of ,health and ,human ,services shall conduct an outreach campaign to covered entities and business associates of such entities to ensure that such entities and associates are aware of the requirements of this section and any changes to regulations made pursuant to this section4 7e7 ,procedure ,any revisions to regulations required by application of this section shall be made by notice in the ,federal ,register published not later than #c months after the date of the enactment of this section as an interim final rule4 ,the ,secretary of ,health and ,human ,services shall1 after providing opportunity for public comment1 finalize any such interim final rule not later than #i months after such interim final rule is published with such modifications as the ,secretary determines appropriate4 7f7 ,definitions ,in this section3 7#a7 ,,hipaa terms ,the terms business associate1 covered entity1 and protected health information have the meaning given such terms for purposes of the regulations described in subsection 7a77#a74 7#b7 ,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 loss1 including without limitation1 any request for or receipt of items1 services1 education1 counseling1 or referrals relating to the termination or loss of a pregnancy of such individual1 including abortion1 miscarriage1 stillbirth1 and ectopic pregnancy4