; and (ii) such individual is unable to provide consent due to death or incapacity. (b) HITECH (1) Privacy exception The Secretary of Health and Human Services shall revise section 171.202 of title 45, Code of Federal Regulations, to clarify that an entity’s practice of not fulfilling a request to access, exchange, or use electronic health information in order to comply with subsection (a) will not be considered information blocking (as defined for purposes of such section) if such information is pregnancy termination or loss information. (2) Greater security The Secretary of Health and Human Services shall revise section 170.401 of title 45, Code of Federal Regulations, to require that as a condition of certification (as described in such section), a health IT developer (as so described) shall implement practices that allow for the segregation of data related to pregnancy termination or loss information to ensure compliance with subsection (a). (c) Modification of state preemption exceptions (1) In general The provisions of this section shall preempt any State law to the extent such law conflicts with or prevents application of this section. Nothing in the preceding sentence shall be construed to preempt a State law to the extent that such law provides greater privacy protections for pregnancy termination or loss information than provided under this section. (2) Modification The Secretary of Health and Human Services shall revise section 160.203 of title 45, Code of Federal Regulations (or a successor regulation), to ensure that no exception to the general preemption rule stated in such section applies with respect to pregnancy termination or loss information other than the exception under the second sentence of paragraph (1). (d) Outreach The Secretary of Health and Human Services shall conduct an outreach campaign to covered entities and business associates of such entities to ensure that such entities and associates are aware of the requirements of this section and any changes to regulations made pursuant to