1. Short title This Act may be cited as the Secure Access for Essential Reproductive Health Act of 2023 or the SAFER Health Act of 2023 . 2. Ensuring the privacy of pregnancy termination or loss information under the HIPAA privacy regulations and the HITECH Act (a) In general (1) Prohibition on disclosure Subject to paragraph (2) and notwithstanding any regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note; Public Law 104–191 ), a covered entity or a business associate of a covered entity may not disclose pregnancy termination or loss information of an individual in Federal, State, local, or Tribal proceedings, including civil, criminal, administrative, legislative, or other proceedings, without the valid authorization of the individual made in accordance with section 164.508 of title 45, Code of Federal Regulations (or a successor regulation). (2) Exceptions Paragraph (1) shall not apply in the case of a disclosure of pregnancy termination or loss information of an individual by a covered entity or a business associate of a covered entity if— (A) the pregnancy termination or loss information is necessary for use in defense of a professional liability action or proceeding against the covered entity or business associate and the pregnancy termination or loss information is disclosed by— (i) the covered entity or business associate to the covered entity’s or business associate’s attorney or professional liability insurer or insurer’s agent; or (ii) the authorized attorney of the covered entity or business associate to a court or body hearing the action or proceeding; or (B) (i) the pregnancy termination or loss information is necessary to investigate physical harm to the individual by another person directly relating to the loss or termination of the pregnancy