,,ii #aaith ,,congress #b;d ,session ,s4 #dibj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bd1 #bjbf,ms4 ,hirono 7for herself1 ,mr4 ,bennet1 ,mr4 ,booker1 ,ms4 ,duckworth1 ,mr4 ,hickenlooper1 ,mr4 ,markey1 ,mrs4 ,murray1 ,mr4 ,schiff1 ,mr4 ,warner1 ,ms4 ,warren1 ,mr4 ,whitehouse1 ,mr4 ,wyden1 ,ms4 ,cortez ,masto1 and ,mr4 ,heinrich7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,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 #bjbf or the ,,safer ,health ,act of #bjbf4 #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 notwithstanding any regulations promulgated pursuant to section #bfd7;c7 of the ,health ,insurance ,portability and ,accountability ,act of #aiif 7#db ,u4,s4,c4 #acbj;d-#b note2 ,public ,law #ajd-aia71 a covered entity or a business associate of a covered 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 ,regulations 7or a successor regulation74 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 a business associate of a covered entity if-- 7,a7 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-- 7i7 the covered entity or business associate to the covered entity's or business associate's attorney or professional liability insurer or insurer's agent2 or 7ii7 the authorized attorney of the covered entity or business associate to a court or body hearing the action or proceeding2 or 7,b7 7i7 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 pregnancy2 and 7ii7 the individual is unable to provide consent due to death or incapacity4 7b7 ,,hitech 7#a7 ,privacy exception ,the ,secretary 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 shall not be considered information blocking 7as defined in section #aga4ajc of title #de1 ,code of ,federal ,regulations 7or a successor regulation77 if the information is pregnancy termination or loss information4 7#b7 ,greater security ,the ,secretary shall revise section #agj4dja of title #de1 ,code of ,federal ,regulations1 to require that as a condition of certification 7as described in that section71 a health ,,it developer 7as so described7 shall implement practices that allow for the segregation of data relating to pregnancy termination or loss information to ensure compliance with subsection 7a74 7c7 ,preemption2 modification of ,state preemption exceptions 7#a7 ,preemption 7,a7 ,in general ,this section shall preempt any ,state law to the extent that the ,state law conflicts with or prevents application of this section4 7,b7 ,effect ,nothing in subparagraph 7,a7 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 section4 7#b7 ,modification ,the ,secretary shall revise section #afj4bjc of title #de1 ,code of ,federal ,regulations1 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 7#a77;,b74 7d7 ,outreach ,the ,secretary shall conduct an outreach campaign to ensure that covered entities1 business associates of covered entities1 the public1 and affected individuals are aware of the requirements of this section and any revisions to regulations made pursuant to this section4 7e7 ,procedure 7#a7 ,interim final rule ,not later than #ij days after the date of enactment of this ,act1 the ,secretary shall revise each regulation as required by this section through publication of an interim final rule in the ,federal ,register4 7#b7 ,final rule ,not later than #bgj days after the date on which an interim final rule is published under paragraph 7#a71 the ,secretary1 after providing opportunity for public comment1 shall publish in the ,federal ,register a final rule 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 meanings given those terms in section #afj4ajc of title #de1 ,code of ,federal ,regulations 7or a successor regulation74 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 including1 without limitation1 any request for1 or receipt of1 items1 services1 education1 counseling1 or referrals relating to the termination or loss of a pregnancy of the individual1 including abortion1 miscarriage1 stillbirth1 and ectopic pregnancy4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,health and ,human ,services4