SAFER Health Act of 2026

Privacy Protection: Under Section 2(a)(1), a covered entity or business associate is prohibited from disclosing an individual's pregnancy termination or loss information in Federal, State, local, or Tribal proceedings without valid authorization. This protects sensitive information from being shared in civil, criminal, administrative, or legislative proceedings.

Data Security through Segregation: According to Section 2(b)(2), the Secretary will require health IT developers to implement practices that allow for the segregation of data relating to pregnancy termination or loss information. This helps ensure compliance with the new privacy requirements.

Protection Against Information Blocking Charges: Per Section 2(b)(1), the Secretary will clarify that an entity's practice of not fulfilling a request to access or exchange electronic health information to comply with this Act will not be considered information blocking.

Uniformity of Protections: Under Section 2(c)(1), the Act preempts any State law that conflicts with or prevents the application of these privacy protections, ensuring a baseline of privacy regardless of location, while still allowing states to provide even greater protections.

Limitations on Information Disclosure for Investigations: According to Section 2(a)(2)(B), the exception to the privacy prohibition for investigating physical harm only applies if the individual is unable to provide consent due to death or incapacity.

Restrictions on Professional Liability Defense: Under Section 2(a)(2)(A), the ability to disclose information for defending a professional liability action is limited to specific disclosures made to an attorney, professional liability insurer, or an authorized attorney in a court or body hearing the action.