McClellan Introduces Legislation to Protect Reproductive Health Records

Washington, D.C. - Today, Congresswoman Jennifer McClellan (VA-04) joined CongresswomanSara Jacobs(CA-51) and Senator Mazie Hirono (D-HI) to introduce the Secure Access for Essential Reproductive (SAFER) Health Act. The legislation would prohibit medical providers from disclosing personal health information related to pregnancy termination or loss without patient consent.

Since the overturning of Roe v. Wade in 2022, Republican states have charged hundreds of people with pregnancy-related crimes. In many cases, health care providers disclosed medical information to law enforcement authorities, allowing them to pursue criminal charges. Last year, a woman in Kentucky was charged with fetal homicide after staff at a medical clinic she visited reported her to the police for obtaining and using the abortion pill, mifepristone.

"Patients deserve privacy when it comes to their reproductive health. Yet, in a post-Roe world, anyone faces the risk of prosecution if their personal medical information falls into the hands of Republican extremists targeting their reproductive freedom," said Congresswoman McClellan, Chair of the Abortion Rights and Access Task Force in the Reproductive Freedom Caucus. "That's why I joined Congresswoman Jacobs to introduce the SAFER Health Act. This bill represents an important first step in ensuring patients have the guarantee of privacy when making reproductive health decisions."

Rep. Sara Jacobs said: "Especially in the post-Roe era, your medical records should never become evidence that's used against you. The SAFER Health Act would guarantee that when someone seeks care - for an abortion, a miscarriage, or pregnancy loss - that information stays between the patient and doctor, and doesn't fall into the hands of prosecutors, police, or Republicans wanting to push their political agenda. Privacy is the foundation for good health care, and we need the protections in the SAFER Act to keep it that way."

"Whether it be managing a pregnancy loss or getting an abortion, nobody should face threats or surveillance for seeking reproductive healthcare. But four years after the Supreme Court's disastrous Dobbs decision, that is the terrifying reality that millions of women across our country face," said Senator Hirono. "As the Trump regime continues to attack women and fundamental civil rights, it is critical that Congress acts to ensure medical information is private and protected."

"One year ago, a Trump-appointed judge wiped out heightened privacy protections for patients seeking reproductive health care. The message to patients was unmistakable: your medical records can be used against you. Since then, people are still being investigated, surveilled, and made afraid to seek health care during pregnancy," said Jocelyn Frye, President of the National Partnership for Women and Families. "The SAFER Health Act rectifies the court's flawed decision by giving patients more control over their personal health information-because having autonomy over our bodies and lives also means having control of our health data and who can access it."

"At a time when health care data, particularly reproductive health care data, is increasingly vulnerable, the SAFER Health Act is an important step to ensuring that people's sensitive information is kept private and safe," said Carmel Shachar, Assistant Clinical Professor of Law and Faculty Director of the Health Law and Policy Clinic at the Center for Health Law and Policy Innovation at Harvard Law School.

The SAFER Health Act would:

• Prohibit HIPAA-covered entities and their business associates from disclosing personal health information related to pregnancy termination or loss in proceedings without valid authorization from the patient;
• Apply to federal, State, local, or Tribal proceedings, including civil, criminal, administrative, or legislative proceedings;
• Direct HHS to revise HIPAA and health information technology regulations necessary to enforce the Act; and
• Direct HHS to conduct a national campaign to educate covered entities and their business associates about the revisions.

The SAFER Health Act is endorsed by National Partnership for Women and Families, Reproductive Freedom for All, Planned Parenthood Federation of America, Center for Reproductive Rights, Physicians for Reproductive Health, National Network of Abortion Funds, National Council of Jewish Women, The Guttmacher Institute, and Power to Decide.