Committee reviews S.28 revisions to broaden patient privacy and allow pharmacy redaction for certain prescriptions

Legislative counsel reviewed a new draft of S.28 on April 9 that would expand state limits on disclosing protected health information tied to legally protected health care activity and add specific redaction rules for prescriptions for reproductive and gender‑affirming health care services.

The committee heard from Jen Harvey of the Office of Legislative Council, who walked members through the draft’s principal changes, including a new section that would bar covered entities and business associates from disclosing identifiable protected health information about legally protected health care activity to government entities other than the State of Vermont and its instrumentalities if the discloser has reason to believe the information will be used to investigate or penalize a person “for the mere act of seeking, obtaining, providing, or facilitating” such care. Harvey said the provision is intended to protect patients and providers to the extent state law can go beyond HIPAA’s permissive disclosures.

Harvey said the draft keeps existing exceptions but reorganizes them into a two‑part structure: the general prohibition (subdivision 1) and a set of circumstances under which disclosure is permitted (subdivision 2). Permitted disclosures would include those authorized in writing by the patient or the patient’s legal representative; disclosures required by federal law, Vermont law, or Vermont Supreme…