I 
115TH CONGRESS 
1ST SESSION H. R. 3443 
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 informa-
tion related to individuals’ use or non-use of contraceptives. 
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. VELA´ZQUEZ, 
Mr. LANGEVIN, Ms. CASTOR of Florida, Mr. DANNY K. DAVIS of Illinois, 
Ms. SHEA-PORTER, Ms. KELLY
of Illinois, Ms. BARRAGA´N, Mr. 
GUTIE´RREZ, Mr. VARGAS, Mr. MCNERNEY, Ms. SA´NCHEZ, 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. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Birth Control Privacy 
Act’’. 
SEC. 2. PROHIBITION ON DISCLOSING PERSONALLY IDEN-
TIFIABLE INFORMATION RELATED TO INDI-
VIDUALS’ USE OR NON-USE OF CONTRACEP-
TIVES. 
(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 sub-
section (o); and 
(2) by inserting after subsection (m) the fol-
lowing new subsection: 
‘‘(n) PRIVACY OF INDIVIDUALS’ USE OR NON-USE OF 
CONTRACEPTIVES.— 
‘‘(1) IN
GENERAL.—A wellness program de-
scribed in subsection (j) (or its third-party adminis-
trator 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 informa-
tion related to the use or non-use of contraceptives 
by an individual employed by that employer. 
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‘‘(2) REGULATIONS.—The Secretary may pro-
mulgate 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 begin-
ning on or after the date of the enactment of this Act. 
Æ 
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