SB 295, An Act Concerning State Law Protections For Health Care Providers And Patients Related To The Provision Of A Legally Protected Health Care Activity

TESTIMONY OF THE CONNECTICUT HOSPITAL ASSOCIATION
SUBMITTED TO THE JUDICIARY COMMITTEE

Monday, March 2, 2026

The Connecticut Hospital Association (CHA) appreciates this opportunity to submit testimony concerning SB 295, An Act Concerning State Law Protections For Health Care Providers And Patients Related To The Provision Of A Legally Protected Health Care Activity.  CHA has comments on the bill, including significant concerns about unintended consequences of the language of the bill as written.

Connecticut hospitals make our state stronger by delivering nationally recognized, world-class care, supporting jobs and economic growth, and serving communities across Connecticut.  Every day, hospitals improve access, affordability, and health equity — providing care to all patients regardless of ability to pay.  At the same time, hospitals invest in their workforce and local communities, even as they navigate significant financial and federal challenges.

SB 295 seeks to strengthen Connecticut’s “shield laws,” which are designed to protect both patients and providers who choose to seek, receive, provide, or assist with accessing reproductive healthcare services or gender-affirming care services.  Various recent changes in federal case law, actions by the federal government to limit care access, and laws in other states seeking to punish providers and patients make it necessary for Connecticut to enact shield legislation to better assure that patients can make their own care decisions in consultation with their willing healthcare providers. Connecticut currently has several sections of law that make up its current “shield laws.”  SB 295 seeks to augment those laws and fine tune others to better protect patients and willing providers against these new, external threats. 

Our concerns with the language of the bill are focused primarily on ensuring greater precision and avoiding outcomes that are misaligned with the goals of the bill.  It is essential that the legislature get the language right, both to avoid unintended consequences, but also to increase the chances that these laws stand up to judicial review.

To that end, Connecticut’s shield laws should never be used to:

  • Punish Connecticut providers
  • Create unnecessary enforcement structures that could be used to punish Connecticut providers
  • Dilute medical information or existing privacy rights
  • Make it easier for external forces and third parties to access or use private medical information through subpoenas or other processes (i.e., shield laws should bolster privacy protections, not create loopholes)
  • Create liability or administrative burdens for Connecticut providers
  • Force providers to perform any type of procedure or care, or imply that providers are required to perform certain types of care

As written, several sections of the bill fall into one or more of the above misalignments. 

Fortunately, we have been working constructively with organizations that are helping the committee frame the bill’s final language.  Together, we are making excellent progress toward workable language solutions that would make Connecticut’s shield laws stronger in a manner that would not create an otherwise unacceptably high risk of unintended consequences. 

We look forward to continuing to work cooperatively with these dedicated advocates, the committee, and other stakeholders to finalize the necessary language changes throughout the bill.   

Thank you for your consideration of our position.  For additional information, contact CHA Government Relations at (203) 294-7301.