PRINTER'S NO. 816
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
800
Session of
2023
INTRODUCED BY OTTEN, FIEDLER, FRANKEL, HILL-EVANS, KINKEAD,
RABB, BURGOS, HOHENSTEIN, MADDEN, SANCHEZ, SCHLOSSBERG,
PIELLI, PROBST, D. WILLIAMS, SHUSTERMAN, FLEMING, DEASY,
STURLA, FREEMAN, KINSEY, KRAJEWSKI, N. NELSON, INNAMORATO,
TAKAC AND MAYES, APRIL 4, 2023
REFERRED TO COMMITTEE ON INSURANCE, APRIL 4, 2023
AN ACT
Amending the act of May 17, 1921 (P.L.682, No.284), entitled "An
act relating to insurance; amending, revising, and
consolidating the law providing for the incorporation of
insurance companies, and the regulation, supervision, and
protection of home and foreign insurance companies, Lloyds
associations, reciprocal and inter-insurance exchanges, and
fire insurance rating bureaus, and the regulation and
supervision of insurance carried by such companies,
associations, and exchanges, including insurance carried by
the State Workmen's Insurance Fund; providing penalties; and
repealing existing laws," providing for sharing of
reproductive health information.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of May 17, 1921 (P.L.682, No.284), known
as The Insurance Company Law of 1921, is amended by adding an
article to read:
ARTICLE XXIX
SHARING OF REPRODUCTIVE HEALTH INFORMATION
Section 2901. Definitions.
The following words and phrases when used in this article
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Reproductive health services." Any of the following:
(1) A bortion as defined in 18 Pa.C.S. ยง 3203 (relating
to definitions).
(2) E mergency contraception, including one or more
prescription drugs used separately or in combination to be
administered or self-administered by a patient to prevent
pregnancy within a medically recommended amount of time after
sexual intercourse and dispensed for that purpose in
accordance with professional standards of practice and
determined by the United States Food and Drug Administration
to be safe.
(3) Medical, surgical, counseling or referral services
relating to the human reproductive system, including services
relating to pregnancy, the prevention of pregnancy or the
termination of a pregnancy.
Section 2902. Prohibition on disclosure of reproductive health
services information.
Except as provided under section 2903, in a civil action,
preliminary proceeding to a civil action or any probate,
legislative or administrative proceeding, a covered entity as
defined in 45 CFR 160.103 (relating to definitions) may not
disclose any of the following:
(1) A communication made to the covered entity or
information obtained by the covered entity from a patient or
the patient's conservator, guardian or other authorized legal
representative relating to reproductive health services that
are permitted under the laws of this Commonwealth.
(2) I nformation obtained by personal examination of a
20230HB0800PN0816 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
patient relating to reproductive health services that are
permitted under the laws of this Commonwealth, unless the
patient or the patient's conservator, guardian or other
authorized legal representative explicitly consents in
writing to the disclosure. The covered entity shall inform
the patient or the patient's conservator, guardian or other
authorized legal representative of the patient's right to
withhold the written consent specified under this paragraph.
Section 2903. Written consent for disclosure not required.
Written consent of a patient or the patient's conservator,
guardian or other authorized legal representative shall not be
required for the disclosure of a communication or information
under section 2902 if any of the following applies:
(1) The communication or information is disclosed in
accordance with the laws of this Commonwealth or the
applicable rules of court.
(2) The communication or information is disclosed by a
covered entity against whom a claim has been made, or there
is a reasonable belief will be made, in an action or
proceeding, to the covered entity's attorney or professional
liability insurer or the insurer's agent for use in the
defense of the action or proceeding.
(3) The communication or information is disclosed to the
Secretary of Health for records of a patient of a covered
entity in connection with an investigation of a complaint if
the records are related to the complaint.
(4) C hild abuse, abuse of an individual who is 65 years
of age or older or abuse of an individual who is
incapacitated or who has a physical or an intellectual
disability is known or in good faith suspected.
20230HB0800PN0816 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Section 2904. Lawful sharing of medical records not prohibited.
Nothing in this article shall be construed to impede the
lawful sharing of medical records as authorized by Federal or
State law or the applicable rules of the court, except in the
case of a subpoena ordering the production, copying or
inspection of medical records relating to reproductive health
services.
Section 2. This act shall take effect in 60 days.
20230HB0800PN0816 - 4 -
1
2
3
4
5
6
7
8