Mass. Legislation Would Protect Data Derived From Reproductive, Transgender Care
Several Massachusetts Senate leaders announced in a release Monday that they've introduced a bill aimed at protecting reproductive and gender-affirming healthcare providers, patients, and advocates against a potentially hostile environment on the federal level and in other states. The bill "would protect the personal information of people who provide, receive, or support reproductive and gender-affirming care," the lawmakers said.
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"Data sharing to the federal government and other entities could put patients and Massachusetts providers at risk—especially those accessing, prescribing, or dispensing medications related to reproductive or gender-affirming care," the press release said. "To protect against inquiries that attempt to circumvent state data-sharing prohibitions, the legislation would require companies that keep patient electronic medical records to limit out-of-state entities’ access to records that include reproductive and gender-affirming care."
Senate President Karen Spilka (D) said, “This bill makes it very clear that the Massachusetts Senate will not back down when it comes to protecting our residents and defending our values.” Spilka added, “Our residents—indeed all Americans—deserve the right to make their own health care decisions in consultation with their providers, and this bill protects the entire ecosystem that allows those decisions to take place."
SD-2802, "An Act strengthening health care protections in the Commonwealth," restricts state agencies from cooperating with out-of-state or federal investigations or inquires into state-protected healthcare matters, and would ensure the licenses of healthcare professionals aren't threatened by federal or out-of-state attacks.
“Everyone should feel safe and affirmed when they are seeking medical care,” said Robbie Goldstein, commissioner of the Massachusetts Department of Public Health in the release. “This bill would give the Department of Public Health more tools to protect those that are in need of reproductive and gender-affirming care and those that provide it, while also providing more protection for public health and patient data."
Attorney General Andrea Campbell, the American Civil Liberties Union of Massachusetts and Reproductive Equity Now are among those who support this legislation.
“These updates to Massachusetts’ reproductive health care shield law are extremely important because they add new layers of protection and confidentiality for both patients and providers of abortion and gender-affirming care,” said MaryRose Mazzola, executive director of the Planned Parenthood Advocacy Fund of Massachusetts in the release. “We know that for folks to truly feel safe and confident in seeking or providing this care, they want to know that their personal information – including their medical records – will not be disclosed to anyone, anywhere without their consent."