HB 7135, An Act Concerning The Provision Of Reproductive And Gender-Affirming Health Care Services To Patients

TESTIMONY OF THE CONNECTICUT HOSPITAL ASSOCIATION
SUBMITTED TO THE JUDICIARY COMMITTEE

Monday, March 24, 2025

The Connecticut Hospital Association (CHA) appreciates this opportunity to submit testimony concerning HB 7135, An Act Concerning The Provision Of Reproductive And Gender-Affirming Health Care Services To Patients. CHA supports the concept in the bill but has concerns about the bill as drafted.

Connecticut hospitals and health systems care for patients, strengthen the state’s economy, and support vulnerable communities across the state. Every day, they work to improve healthcare access, affordability, and health equity. Even as they face ongoing challenges, hospitals provide world-class care to everyone who walks through their doors, regardless of their ability to pay. Hospitals also support an exemplary workforce as the largest collective employer in the state, contribute significantly to the state’s economy, and invest in their communities addressing social drivers of health.

Generally, HB 7135 seeks to collapse Sections 52-146x and 52-146w of the General Statutes, the current laws that protect providers, patients, and information for reproductive healthcare and gender-affirming healthcare, into one comprehensive statute, and make corresponding changes to related laws. CHA agrees with the need for these changes.1

Additionally, as we consider legislation in Connecticut that is intended to shield the state from changes at the federal level, it is important to note that for healthcare providers, it is likely inevitable that state and federal law and policy will come into direct conflict. We trust that should the need arise, the state will use its resources and powers to protect patient rights while also protecting providers from being penalized for simply following state law.

Specifically, CHA is highly concerned about the new language in lines 74-84 that indicate as follows:

A covered entity or business associate that receives a request for patient information related to reproductive health care services or gender-affirming health care services subject to the provisions of this section that is not exempted under subsection (b) of this section and is not accompanied by the written consent of the patient or the conservator, guardian or other authorized legal representative of the patient, shall provide notice of the request to the office of the Attorney General not later than seven days after receipt of the request. The notice shall not contain any information that identifies the patient or the conservator, guardian or other authorized legal representative of the patient.

This new language at lines 74-84 is problematic for several reasons, including:

    • The language fails to pick up the clarification in subsection (c) of existing law clarifying the prohibition on data sharing is solely for subpoenaed records but not for other types of requests
    • That distinction is vitally important because without it, patient records would be transformed into mere legal records and no longer be available for routine healthcare uses (an unacceptable and unsafe outcome)
    • Requiring providers to inform the Office of the Attorney General about these requests — with no meaningful information and no promise of help — does not assist patients or providers in protecting rights or privacy

A more meaningful approach that would help patients and providers would require sending a copy of the entire subpoena to the Office of the Attorney General and empowering the office to assist providers in responding to or challenging subpoenas. Many providers do not have ready access to lawyers or the resources and knowledge base necessary to sift through these intricate and fast-evolving privacy issues. With the landscape for civil rights and medical privacy rights facing significant disruption, it is more important than ever that providers have somewhere to go for help.

This more effective approach could be accomplished by replacing lines 74-84 with the following:

A covered entity or business associate that receives a subpoena for patient information related to reproductive health care services or gender-affirming health care services subject to the provisions of this statute that does not fall under any exemption in subsection (b) of this statute and is not accompanied by the written consent of the patient or the conservator, guardian or other authorized legal representative of a patient shall provide a copy of such subpoena to the Office of the Attorney General within seven days of receipt of the request. The Office of the Attorney General shall post notice of the methods by which covered entities and business associates may send the copy.

The Office of the Attorney General shall create publicly posted resources that: (1) covered entities and business associates may utilize when communicating with entities or individuals that issued subpoenas without proving patient consent as described in this Section; (2) sample motion to quash language that could be incorporated into a motion to quash filed in state or federal courts, or with administrative tribunals; (3) include easy to understand notices on what is required pursuant to HIPAA and state law that covered entities and business associates can give to requesters including when attestation obligations pursuant to 45 CFR 164.509 are applicable.

CHA welcomes the opportunity to assist the committee in ensuring the bill language makes the most sense for providers and patients. Additionally, CHA welcomes ongoing discussions with the committee focused on how to improve other aspects of medical information exchange and privacy.

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

1 Consistent with our testimony on HB 1508, CHA supports a broader modernization of all of Chapter 899, and other medical records laws that are decades out of date. But we recognize the need for incremental change to add the immediate clarity set forth in HB 7135.