BOSTON 07/16/2025 - Today, Representative Connolly joined his Cambridge and Somerville colleagues in the House of Representatives to pass legislation that preserves and protects access for individuals and practitioners engaging in personal health care activities in the Commonwealth. The bill, H.4271 An Act strengthening health care protections in the Commonwealth strengthens the abilities of individuals who are making decisions about their own reproductive and gender affirming health care services.

This legislation clarifies protections for both patients and healthcare providers in the face of a growing wave of attacks from other states on protected health care activities in Massachusetts. The bill clarifies data protections, codifies the provision of emergency services for individuals, and provides Massachusetts courts and agencies with the tools required to protect both patients and practitioners engaging in reproductive and gender affirming healthcare services. Several states have recently passed laws restricting reproductive health care and access to gender affirming health care in their own boundaries while, at the same time, attempting to prosecute individuals who seek those personal health care services in Massachusetts. 

“As reproductive and gender-affirming care continue to come under attack by the federal administration, I was proud to vote to reaffirm our commitment to protecting access to these core health care services,” Representative Mike Connolly said. “Everyone accessing and providing these services has a fundamental right to privacy, and today’s legislation safeguards that right, ensuring our residents can make their own health care decisions free from political interference.”

Building on protections first enshrined into law in 2022, this legislation prohibits state agencies, employees and law enforcement from cooperating with other states or federal investigations into reproductive or gender affirming health care that is legally protected in Massachusetts. The bill similarly restricts businesses that manage electronic health records from sharing patient data connected to these services.

The bill makes clear that health care professionals are free to provide legal health care services in Massachusetts, and the Commonwealth will resist attempts by other states or the federal government to prosecute health care professionals for providing those services.

Additionally, the bill:

• Exempts the personally identifying information of patients and providers regarding reproductive and gender affirming health care from the public records law.
• Requires hospitals to provide stabilizing health care services to patients presenting with emergency medical conditions.
• Empowers the Department of Public Health to remove drugs prescribed in connection with reproductive or gender affirming health care from the prescription monitoring program (PMP) and prohibits the Department from sharing PMP information sought by other states in connection with legally protected health care activities in the Commonwealth.
• Prohibits the state’s Center for Health Information and Analysis and the Health Connector from providing information to other entities, states, or the federal government regarding legally protected health care activities in Massachusetts, and forbids entities working with these agencies from using data collected to target patients or providers.
• Protects attorneys licensed in Massachusetts from removal or discipline for advising or representing clients on the topics of reproductive or transgender health care services.
• Forbids insurance companies from discriminating against or penalizing nonprofits who offer reproductive and gender affirming health care services.
• Prohibits courts from using the laws of other states prohibiting gender affirming care as grounds to alter custody or visitation rights for children in Massachusetts.
• Clarifies that Boards of Registration may not take disciplinary actions against practitioners for providing legally protected health care services, and prohibits boards from noting in a provider’s records any criminal, legal or disciplinary actions brought against them in other jurisdictions for providing health care services that are legally protected in the Commonwealth.

Summary of Floor Actions

Section 12 permits businesses that hold electronic health records to share records only with those “who are authorized in writing by the patient.” There was a concern from payors and providers that the broad language therein could lead to unintended barriers to information sharing for legitimate business purposes and potential delays in care, undermining care delivery and coordination. To address those concerns (while protecting the underlying aims of the bill), Reproductive Equity Now offered a suite of friendly amendments which Rep. Connolly cosponsored and which made it into the final bill.

Amendment 7 (Rep. Vargas) ensures payers and providers can share necessary health information for treatment, authorizations, and claims processing, aligning with HIPAA’s limited exceptions for care coordination and operations. Amendment 6 (Rep. Kilcoyne) refines section 12’s scope to focus protections on abortion, miscarriage management, IVF, and gender-affirming care, balancing operational needs with safeguarding sensitive information from external prosecution risks. Amendment 9 (Rep. Decker) creates an expert Advisory Group to address data sharing and interoperability challenges, ensuring patient safety and access to vital clinical information while maintaining privacy. 

Lastly, there was an anti-choice Republican-sponsored amendment that was successfully defeated 129-30.

Having passed the House 136-23, the bill now goes back to the State Senate for further consideration.