House Judiciary Committee favors parts of S.28 in 8-3 straw poll after amendment removing criminal-liability language

The House Judiciary Committee took a nonbinding straw poll Wednesday, April 16, finding sections 1, 5, 6 and 13 of S.28 favorable, 8-3, after a narrow amendment that clarified state-court disclosure language and removed criminal-liability language from a pharmacy-related provision.

The amendment under consideration — described in committee as the Malone amendment — revises section 6 to clarify that when a covered entity discloses protected health information pursuant to a court order, the provision binds only state-court orders rather than directing what a federal court must include. It also amends the liability language in section 13 to strike the word “criminal,” leaving civil and administrative liability limitations intact for pharmacy staff who comply with redaction or disclosure requirements.

Michelle Chowats, Office of Legislative Counseling, told the committee the amendment “is clarifying that it is a state court order, compelling disclosure,” and added, “So we’re not in this, language directing what a federal court must include in the order, only a state court.” Jen Carvey, Office of Legislative Counsel, summarized related immunity provisions she located in state law, noting a range of existing limitations on liability in Title 18 and Title 26 statutes for various health-care reporting and registry activities.

Committee member Zach thanked counsel for the quick research and asked whether the shield-like language in the bill would create immunity for non-health-care professions; counsel said committee members could seek additional professional-regulation language if they wanted to extend protections beyond health-care settings. Members discussed regional reciprocity and shield-law templates generally; counsel said she reviewed laws in Northeastern states and reported there are roughly 22 jurisdictions with protections for reproductive care and 18 with protections for gender-affirming care, though details vary by state.

After discussion, a motion was made to find the listed sections favorable as amended; the committee took a straw poll, with members raising hands in favor or opposed. The chair announced the tally as 8 in favor and 3 opposed. Committee members noted the straw poll is nonbinding; the chair and other members said they will present the committee’s recommendation and the amendment to the House Health Care Committee at its next meeting for further consideration.

No formal, roll-call committee vote to report the bill was recorded in the transcript; the committee treated the outcome as a straw poll and planned next steps for the legislative process.