S2543 — An Act strengthening health care protections in the Commonwealth

Summary

An Act strengthening health care protections in the Commonwealth

Bill Text

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The bill expands protections for individuals providing reproductive and gender-affirming health care services, restricting information sharing with law enforcement and modifying requirements for health care providers.

• Chapter 4, Section 7

  (x) the name, home address, personal email address, home telephone number or mobile telephone number and any other personal information of an individual engaged in the provision, facilitation or promotion of reproductive health care services or gender-affirming health care services, as defined in section 11I1/2 of chapter 12.

  Adds specific personal information protections for individuals involved in reproductive and gender-affirming health care.

• Chapter 12, Section 11I1/2

  (g) Notwithstanding any general or special law to the contrary and except as required by federal law, no state or local agency... shall cooperate with or provide information or assistance to any federal law enforcement agency... into services constituting legally-protected health care activity if such services would be lawful as provided had they occurred entirely in the commonwealth.

  Prevents state agencies from cooperating with federal agencies in investigations related to legally protected health care activities.

• Chapter 12, Section 11I1/2

  (h) Evidence relating to the involvement of an individual in any legally-protected health care activity shall not be offered as evidence that such individual has engaged in wrongdoing...

  Prohibits using an individual's involvement in legally protected health care as evidence of wrongdoing based on the patient's location.

• Chapter 12, Section 11I1/2

  (i) The attorney general may bring a civil action for injunctive or other equitable relief to enforce this section.

  Empowers the attorney general to enforce protections related to legally protected health care activities.

• Chapter 12C, Section 12

  subsection (b) → (b) The center shall permit a government agency or authority to access identifiable health information of an individual only to the extent necessary... Except as required by federal law, the center shall not provide access to any data... in response to an out-of-state or federal inquiry...

  Limits access to identifiable health information for investigations that may involve legally protected health care activities.

• Chapter 31, Section 75

  Nothing in this section shall be construed to permit civil service employees to furnish information to, or cooperate with, law enforcement authorities in contravention of section 11I1/2 of chapter 12 and section 63 of chapter 147.

  Clarifies that civil service employees cannot provide information that conflicts with state protections on health care activities.

• Chapter 66, Section 10B

  “persons providing or training in family planning services,” → persons engaged in the provision, facilitation or promotion of reproductive health care services or gender-affirming health care services, as defined in section 11I1/2 of chapter 12.

  Updates terminology to explicitly include reproductive and gender-affirming health care services.

• Chapter 94C, Section 21

  the name of the prescribing practitioner except as otherwise provided in this section → the name of the prescribing health care practice instead of the name of the prescribing practitioner; provided, however, that a pharmacy benefit manager... shall not recoup or recover funds from a pharmacy due to the absence of such dispensing practitioner’s name under this paragraph.

  Allows the name of the prescribing health care practice to replace the prescribing practitioner's name on labels for prescribed controlled substances for reproductive health care.

• Chapter 94C, Section 22

  the label for a controlled substance prescribed for reproductive health care services or gender-affirming health care services... may include the name of the dispensing health care practice instead of the name of the dispensing practitioner.

  Enables the practice's name to be used on labels for controlled substances prescribed for reproductive and gender-affirming health care.

• Chapter 94C, Section 24A

  Notwithstanding any other provision of this section, medications that may be prescribed for reproductive health care services and gender-affirming health care services... shall be excluded from the prescription monitoring program unless reporting of such is determined by the department to be necessary to protect the public health.

  Excludes certain medications related to reproductive and gender-affirming health care from prescription monitoring unless necessary for public health.

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