H. R. 3443
IN THE HOUSE OF REPRESENTATIVES
July 27, 2017
Ms. DelBene (for herself, Ms. Clark of Massachusetts, Ms. Speier, Ms. Norton, Mr. Meeks, Miss Rice of New York, Mrs. Napolitano, Mr. Cummings, Mr. Aguilar, Ms. Judy Chu of California, Ms. McCollum, Mr. Takano, Mr. Ryan of Ohio, Mrs. Carolyn B. Maloney of New York, Mr. Cicilline, Mr. Engel, Ms. Bonamici, Mr. Hastings, Ms. Wasserman Schultz, Mr. Evans, Mr. Kilmer, Ms. Moore, Mr. Welch, Ms. Slaughter, Mr. Heck, Mr. Ellison, Mr. Khanna, Mr. Sean Patrick Maloney of New York, Ms. Lofgren, Mr. McGovern, Mr. Gallego, Mr. Conyers, Ms. Lee, Mr. Grijalva, Ms. Velázquez, Mr. Langevin, Ms. Castor of Florida, Mr. Danny K. Davis of Illinois, Ms. Shea-Porter, Ms. Kelly of Illinois, Ms. Barragán, Mr. Gutiérrez, Mr. Vargas, Mr. McNerney, Ms. Sánchez, Ms. Bordallo, and Mr. Keating) introduced the following bill; which was referred to the Committee on Energy and Commerce
To amend the Public Health Service Act to prohibit wellness programs, including those offered by health insurance issuers or in connection with a group health plan, from disclosing personally identifiable information related to individuals’ use or non-use of contraceptives.
This Act may be cited as the
Birth Control Privacy Act.
Prohibition on disclosing personally identifiable information related to individuals’ use or non-use of contraceptives
Section 2705 of the Public Health Service Act (42 U.S.C.300gg–4) is amended—
by redesignating subsection (n) as subsection (o); and
by inserting after subsection (m) the following new subsection:
Privacy of individuals’ use or non-Use of contraceptives
A wellness program described in subsection (j) (or its third-party administrator or service provider), including those offered by health insurance issuers or in connection with a group health plan, shall not disclose to an employer, directly or indirectly, personally identifiable information related to the use or non-use of contraceptives by an individual employed by that employer.
The Secretary may promulgate such regulations, including interim final regulations, as may be necessary or appropriate to ensure against indirect disclosure to employers, as described in paragraph (1).
The amendment made by subsection (a) shall apply with respect to plan years beginning on or after the date of the enactment of this Act.