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Committee advances Patient Records Privacy Act to protect segmented access to sensitive electronic health records
Summary
Senate Bill 404, the Patient Records Privacy Act, received a do-pass recommendation from the Senate Health and Public Affairs Committee in a 6-4 vote; the bill would require EHR vendors and providers to enable patients to segment sensitive health information and control who can view it.
The Senate Health and Public Affairs Committee voted 6-4 to give Senate Bill 404 a do-pass recommendation to the Judiciary Committee. The bill, described by its sponsors as the Patient Records Privacy Act, would amend the Electronic Medical Records Act to require segmentation of sensitive health information in electronic health records and to give patients greater control over who can view specific categories of their records.
Sponsor Senator Stewart and co-sponsor Senator Nava framed the measure as a patient-privacy response to recent legal changes in other states that criminalize or restrict abortion and gender-affirming care. Senator Stewart said the bill would let patients "reap the benefits of our electronic medical records without risking disclosure of information about their abortion or gender affirming care." Expert witnesses, clinicians and patient-advocacy groups testified in favor, sharing examples where disclosure of reproductive or gender-care information had caused harm or stigma. Dr. Kelly Pfeiffer, an experienced clinician who testifed by video, said, "Revealing sensitive information about our patients can have profoundly negative impacts on their lives," and urged segmented access and consent protocols.
The bill targets sensitive categories including reproductive health care, gender-affirming care, mental health care, substance use treatment and other services the Health Care Authority may deem appropriate. Sponsors and witnesses acknowledged operational and technical challenges: multiple senators, including Senator Hickey, raised questions about the complexity, cost and implementation timeline for electronic health record (EHR) vendors and health information exchanges. Sponsors said they are working with major providers (UNM, Presbyterian) and vendors on agreed amendments and technical pathways for segmentation; they asked the committee to advance the bill so those operational conversations can continue in Judiciary.
Opponents argued the measure risks interfering with care in emergencies, could obscure important clinical information and might limit public insight into system-level outcomes. Supporters said the bill leaves aggregate reporting pathways intact; it focuses on patient consent and segmented access to highly sensitive fields of a record while preserving clinicians' ability to see necessary information with patient consent.
After debate the committee adopted the bill on a 6-4 vote and referred it to the Judiciary Committee for further consideration and any required refinements.
