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H.R. 3443 (115th): Birth Control Privacy Act

The text of the bill below is as of Jul 27, 2017 (Introduced).


I

115th CONGRESS

1st Session

H. R. 3443

IN THE HOUSE OF REPRESENTATIVES

July 27, 2017

(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

A BILL

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.

1.

Short title

This Act may be cited as the Birth Control Privacy Act.

2.

Prohibition on disclosing personally identifiable information related to individuals’ use or non-use of contraceptives

(a)

In general

Section 2705 of the Public Health Service Act (42 U.S.C.300gg–4) is amended—

(1)

by redesignating subsection (n) as subsection (o); and

(2)

by inserting after subsection (m) the following new subsection:

(n)

Privacy of individuals’ use or non-Use of contraceptives

(1)

In general

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.

(2)

Regulations

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).

.

(b)

Effective date

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.