Sponsors (2)
The bill strengthens privacy for pregnancy‑related health records by requiring data segmentation and limiting disclosures—protecting patients and reducing provider penalties—but leaves exceptions that can reveal records and imposes compliance costs and federal preemption that may cause legal uncertainty.
People seeking abortion or pregnancy‑loss care have stronger privacy protections: pregnancy‑related health records cannot be disclosed in legal proceedings without HIPAA authorization.
Healthcare providers and health systems face reduced risk of information‑blocking penalties for refusing to share pregnancy‑related records, lowering legal exposure for protecting patient privacy.
Health IT developers must add data‑segmentation capabilities so patients and providers can isolate sensitive pregnancy‑related records in electronic health records and health IT systems.
Narrow exceptions (e.g., malpractice defense or investigations of harm) still allow disclosure of sensitive pregnancy‑related records, so some patients’ information could be exposed.
Hospitals, providers, and health IT developers will incur compliance costs to implement segmentation, update workflows, and maintain systems, increasing administrative and development expenses.
Federal preemption of conflicting state laws could disrupt existing state procedures and require changes by states or entities, creating legal uncertainty and transitional burdens.
Based on analysis of 2 sections of legislative text.
Makes pregnancy termination or loss health information non‑disclosable in legal proceedings without HIPAA authorization, requires health IT data segregation, and preempts weaker state laws.
Official title: To ensure the privacy of pregnancy termination or loss information under the HIPAA privacy regulations and the HITECH Act.
Introduced June 25, 2026 by Sara Jacobs · Last progress June 25, 2026
Prohibits covered health care entities and their business associates from disclosing an individual’s pregnancy termination or loss information in any federal, state, local, or Tribal proceeding unless the individual gives a valid HIPAA authorization, with two narrow exceptions for defending professional liability claims and for investigating physical harm when the individual is dead or incapacitated. Directs HHS to change federal health IT and information-blocking rules so segregated pregnancy-loss data is not treated as information blocking and requires health IT developers to implement data-segmentation practices for this information. Preempts conflicting state laws but preserves state laws that provide stronger privacy protections. Requires HHS outreach and a fast rulemaking schedule (interim final rules within 90 days of enactment and final rules within 270 days after publication of the interim rule). The measure defines key terms and what counts as "pregnancy termination or loss information."