The SAFER Health Act of 2026 prohibits healthcare providers and their business associates from disclosing patient information about pregnancy termination or loss, including abortion care, to federal, state, local, or tribal authorities without explicit patient consent. The law applies to covered entities under HIPAA privacy rules and includes narrow exceptions only for defending professional liability lawsuits and investigating cases where a patient dies or becomes incapacitated due to physical harm related to pregnancy loss. The legislation directs the Secretary of Health and Human Services to update federal regulations within 90 days to implement these protections, require health IT developers to segregate pregnancy-related data, and clarify that refusing to share such information does not constitute illegal information blocking. The bill also preempts conflicting state laws but allows states to maintain stronger privacy protections, and requires the Department of Health and Human Services to conduct a public awareness campaign about these new privacy rights. This legislation primarily affects patients seeking reproductive healthcare and the healthcare providers and insurers who treat them.
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