SAFER Health Act of 2026
Sponsored By: Senator Hirono, Mazie K. [D-HI]
Introduced
Summary
Privacy protections for pregnancy termination or loss information within HIPAA and the HITECH Act. The bill would limit who can disclose information that reveals having or seeking an abortion or care for pregnancy loss and set rules for handling that data.
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- People who seek abortion care or treatment for miscarriage, stillbirth, or ectopic pregnancy would gain stronger control over disclosure of related health records and requests for services.
- Covered entities and their business associates would generally be barred from disclosing this information in any federal, state, local, or Tribal proceeding without a valid authorization, with two narrow exceptions for defending professional liability and for investigating physical harm when the person cannot consent.
- Health IT developers would need to support segregation of pregnancy termination or loss information as a condition of certification, and withholding that data would not count as information blocking. The Secretary of Health and Human Services must revise related regulations, run an outreach campaign, and issue an interim final rule within 90 days and a final rule within 270 days after that interim rule.
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 2 benefits, 0 costs, 1 mixed.
New rules for health IT and records
If enacted, the bill would require HHS to change health IT certification rules so developers must build ways to segregate pregnancy termination or loss information in electronic records. HHS would also clarify that refusing to share or exchange electronic health information to comply with the PTLI disclosure ban is not "information blocking." The Secretary would have to publish interim final rules within 90 days of enactment and final rules within 270 days after the interim rule is published, after public comment.
Federal preemption and public outreach
If enacted, the bill would make the new PTLI privacy rule preempt state laws only where those laws conflict with it, while allowing states to keep laws that give greater privacy. The Secretary would be required to revise federal preemption rules so no other preemption exception applies to PTLI except the one preserving stronger state privacy laws. The Secretary would also run an outreach campaign to tell providers, business associates, and the public about the new PTLI privacy rules and any regulatory changes.
Stronger privacy for pregnancy records
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 the patient gives a valid written authorization. The bill would define PTLI to include records that could reveal seeking or receiving abortion care or care for miscarriage, stillbirth, or ectopic pregnancy, and related requests for services, counseling, referrals, or education. There would be two narrow exceptions: disclosure needed to defend a professional liability (malpractice) action, and disclosure to investigate physical harm tied to the pregnancy loss when the person is dead or incapacitated. These new protections would take effect upon enactment.
Sponsors & CoSponsors
Sponsor
Hirono, Mazie K. [D-HI]
HI • D
Cosponsors
Sen. Bennet, Michael F. [D-CO]
CO • D
Sponsored 6/24/2026
Sen. Booker, Cory A. [D-NJ]
NJ • D
Sponsored 6/24/2026
Sen. Duckworth, Tammy [D-IL]
IL • D
Sponsored 6/24/2026
Sen. Hickenlooper, John W. [D-CO]
CO • D
Sponsored 6/24/2026
Sen. Markey, Edward J. [D-MA]
MA • D
Sponsored 6/24/2026
Sen. Murray, Patty [D-WA]
WA • D
Sponsored 6/24/2026
Sen. Schiff, Adam B. [D-CA]
CA • D
Sponsored 6/24/2026
Sen. Warner, Mark R. [D-VA]
VA • D
Sponsored 6/24/2026
Sen. Warren, Elizabeth [D-MA]
MA • D
Sponsored 6/24/2026
Sen. Whitehouse, Sheldon [D-RI]
RI • D
Sponsored 6/24/2026
Sen. Wyden, Ron [D-OR]
OR • D
Sponsored 6/24/2026
Sen. Cortez Masto, Catherine [D-NV]
NV • D
Sponsored 6/24/2026
Sen. Heinrich, Martin [D-NM]
NM • D
Sponsored 6/24/2026
Roll Call Votes
No roll call votes available for this bill.
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