SAFER Health Act of 2026
Sponsored By: Representative Jacobs, Sara [D-CA-51]
Introduced
Summary
Creates a federal privacy framework that treats pregnancy termination or loss information (PTLI) as specially protected health data and generally bars its disclosure in legal or administrative proceedings without authorization. The bill would fold PTLI into HIPAA and the HITECH Act and set narrow exceptions for liability defense and certain harm investigations.
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- People seeking abortion or pregnancy-loss care would see records about requests for or receipts of care, counseling, referrals, and related items treated as PTLI and protected from disclosure in federal, state, local, tribal, civil, criminal, administrative, legislative, or other proceedings unless the person authorizes it.
- Covered entities and business associates would be prohibited from disclosing PTLI except in two narrow cases: defending professional liability claims to attorneys or insurers, and when investigating physical harm if the person cannot consent. The bill also says refusing to provide PTLI in electronic form would not count as information blocking.
- Health IT developers would need to implement data segregation for PTLI as a condition of certification. The bill would preempt conflicting state laws but keep stronger state privacy rules and would require the Secretary to issue an interim final rule within 90 days of enactment and a final rule within 270 days, plus run an outreach campaign.
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Bill Overview
Analyzed Economic Effects
1 provisions identified: 1 benefits, 0 costs, 0 mixed.
Stronger pregnancy privacy for patients
If enacted, the bill would bar covered health providers and their business associates from sharing pregnancy termination or loss information (PTLI) in any federal, state, local, or Tribal proceeding unless you give a written authorization under 45 C.F.R. 164.508. PTLI would include records that reveal having or seeking an abortion or care for pregnancy loss, including requests for or receipt of services, counseling, referrals, supplies, miscarriage, stillbirth, and ectopic pregnancy. Two narrow exceptions would allow disclosure: to defend a professional liability action, and to investigate physical harm when the person is dead or too incapacitated to consent. The Secretary of HHS would have to issue an interim final rule within 90 days and a final rule within 270 days after that, revise regulations (including preemption rules), and run an outreach campaign. The bill would also say refusing to share PTLI is not information blocking and would require health IT certification to let systems segregate PTLI data.
Sponsors & CoSponsors
Sponsor
Jacobs, Sara [D-CA-51]
CA • D
Cosponsors
Rep. McClellan, Jennifer L. [D-VA-4]
VA • D
Sponsored 6/25/2026
Roll Call Votes
No roll call votes available for this bill.
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