Title: Birth Control Privacy Act
Policy area: Health

Summary:
Birth Control Privacy Act

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3443 Introduced in House (IH)]

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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 
 information 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. Velazquez, Mr. Langevin, Ms. Castor of Florida, Mr. Danny 
   K. Davis of Illinois, Ms. Shea-Porter, Ms. Kelly of Illinois, Ms. 
  Barragan, Mr. Gutierrez, Mr. Vargas, Mr. McNerney, Ms. Sanchez, 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.

    Be it enacted by the Senate and House of Representatives 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 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.
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