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 nothwithstanding any provision in regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( Public Law 104–191 ), a covered entity or business associate of such 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. (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 business associate of a covered entity if— (A) such information is necessary for use in defense of a professional liability action or proceeding against the covered entity or business associate and such information is disclosed by— (i) the covered entity or business associate to such covered entity’s or business associate’s attorney or professional liability insurer or insurer’s agent; or (ii) the authorized attorney of such covered entity or business associate to a court or body hearing such action or proceeding; or (B) such information is necessary to— (i) investigate physical harm to such individual by another person directly relating to the loss or termination of the pregnancy