SAFER Health Act of 2026

Privacy Protection in Legal Proceedings: Under Section 2(a)(1), the bill prohibits the disclosure of pregnancy termination or loss information in Federal, State, local, or Tribal proceedings without valid authorization. This ensures that sensitive information regarding abortions, miscarriages, stillbirths, or ectopic pregnancies remains private unless the individual consents.

Data Security through Segregation: Section 2(b)(1) requires health IT developers to implement practices that allow for the segregation of data relating to pregnancy termination or loss information. This technical requirement is designed to ensure compliance with the new privacy mandates.

Protection Against Information Blocking Claims: Section 2(b)(1) clarifies that if an entity refuses to fulfill a request to access or exchange electronic health information to comply with these privacy rules, it will not be considered information blocking.

Prevention of Conflicting State Laws: Section 2(c)(1)(A) establishes that this Act preempts any State law that conflicts with or prevents the application of these privacy protections, ensuring a consistent standard.

Limitations on Information Disclosure for Legal Defense: Under Section 2(a)(2)(A), the privacy protections do not apply if the information is necessary for a covered entity or business associate to defend themselves in a professional liability action. This allows certain information to be shared with attorneys or insurers.

Limitations on Information Disclosure for Investigations: Under Section 2(a)(2)(B), the privacy protections do not apply if the information is necessary to investigate physical harm caused by another person, provided the individual is unable to give consent due to death or incapacity.