HEALTH: Provides relative to protecting healthcare data

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2026 Regular Session
HOUSE BILL NO. 897
BY REPRESENTATIVE MANDIE LANDRY
HEALTH: Provides relative to protecting healthcare data
1 AN ACT
2 To enact R.S. 46:972.2, relative to Louisiana Pregnancy and Baby Care Initiative; to protect
3 healthcare data; to provide for definitions; to establish procedures to obtain and
4 revoke consent to share information; to provide for enforcement; to allow for the
5 imposition of fines; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 46:972.2 is hereby enacted to read as follows:
8 §972.2. Protected health information of individuals receiving services
9 A. For the purposes of this Section, the following terms have the meanings
10 ascribed to them in this Subsection:
11 (1) "Department" means the Department of Children and Family Services.
12 (2) "General contractor" means an organization designated by statute or
13 contract to manage the provision of pregnancy center resources through subcontracts
14 with organizations that directly provide pregnancy center services. "General
15 contractor" includes any entity designated to serve a similar function regarding a
16 pregnancy center program or initiative, regardless of the formal label used.
17 (3) "Pregnancy center" or "center" means a facility that provides
18 pregnancy-related services including but not limited to ultrasounds, pregnancy
19 testing, or pregnancy counseling; or that otherwise collects health information from
20 individuals who are seeking or receiving services from the center.
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1 (4) "Protected health information" means any information related to an
2 individual's past, present, or future physical or mental health or condition that
3 contains information that identifies the individual or includes identifiable
4 information that could provide a reasonable basis to identify the individual.
5 (5) "Subcontractor" means an organization that provides pregnancy center
6 services in one or more locations by contract with the department or by contract with
7 a general contractor coordinating pregnancy center services or referrals under a
8 contract with the department.
9 C.(1) A pregnancy center, including a subcontractor operating or affiliated
10 with a pregnancy center, shall not disclose a client's name or protected health
11 information to any entity or individual outside of its organization without the written
12 permission of the client for that specific disclosure of information, unless the
13 disclosure is required by law or in accordance with Subsection G of this Section.
14 (2) A pregnancy center shall provide to a client a privacy notice prior to
15 obtaining written permission for any disclosure of protected health information. The
16 privacy notice may be provided once at the initiation of services and may describe
17 categories of permitted uses and disclosures. A separate written authorization shall
18 not be required for each individual use or disclosure that is consistent with the
19 privacy notice or in accordance with Subsection G of this Section. The privacy notice
20 shall include all of the following:
21 (a) The specific purpose for disclosing the protected health information to
22 a third party.
23 (b) The specific types of protected health information to be disclosed.
24 (c) The third parties who might or will receive protected health information.
25 (3) A pregnancy center shall further provide a simple mechanism for a client
26 to revoke any consent previously granted for the disclosure of information.
27 (4) A pregnancy center shall provide the client, without charge, a copy of all
28 of the individual's records or information in the possession or control of the center
29 within ten business days of a client's request.
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1 (5) A general contractor that obtains or receives protected health information
2 of a client related to a contract with a subcontractor or pregnancy center, or by virtue
3 of the relationship with such entities, shall not disclose the client's name or any
4 protected health information to any entity outside of its organization except as
5 provided for in Subsection G of this Section.
6 D. Nothing provided herein shall be construed to prevent a general
7 contractor or subcontractor from disclosing information that maintains the
8 confidentiality of an individual client, such as the number of clients who have been
9 provided with particular goods or services, or prohibiting disclosures as otherwise
10 required by or reasonably necessary for the department to exercise its oversight
11 authority.
12 E.(1) Any person who believes there has been a violation of the privacy
13 requirements of this Section has the right to file a complaint with the department.
14 (2) If the department has cause to believe a violation of this Section may
15 have occurred, the department shall investigate the matter and determine whether a
16 violation has occurred.
17 (3) If the department determines that a violation of this Section has occurred,
18 it shall further determine the responsibility of a general contractor or subcontractor
19 and shall initiate an enforcement action. An enforcement action may include any of
20 the following:
21 (a) A warning.
22 (b) An imposition of monetary fines.
23 (4) Any penalty assessed against a general contractor or subcontractor shall
24 be commensurate with the degree of responsibility attributed to that entity by the
25 department.
26 (5) Any action taken pursuant to this Section shall be in accordance with
27 applicable state contracting laws, rules, and procedures, including notice and an
28 opportunity to respond.
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1 (6) Any monetary fine imposed in accordance with this Section shall not
2 exceed five thousand dollars per violation. In determining the amount of the fine,
3 the department shall consider the nature and severity of the violation, the extent of
4 harm, the entity's history of prior violations, and the degree of cooperation with the
5 investigation.
6 F.(1) The requirements of this Section apply to any organization that
7 receives state or federal funding, whether directly or indirectly, by contract, grant,
8 or other cooperative endeavor arrangement through a program or initiative managed,
9 monitored, or administered by the Department of Children and Family Services,
10 which provides payment for pregnancy center services, pregnancy center referrals,
11 pregnancy center marketing, or administrative functions of the program or initiative,
12 including but not limited to the Louisiana Pregnancy and Baby Care Initiative and
13 Thrive: The Baby and Parent Network.
14 (2) The general contractor or a subcontractor has the responsibility, along
15 with a pregnancy center, for ensuring the requirements of this Section are met with
16 respect to that center.
17 G.(1) Notwithstanding any provision of this Section to the contrary, a
18 pregnancy center, general contractor, or subcontractor may use or disclose protected
19 health information without a separate written authorization when such use or
20 disclosure is for any of the following purposes:
21 (a) Providing services, treatment, or care to the client.
22 (b) Coordinating or managing the client's care, including referrals to
23 healthcare providers, social service providers, or other support services.
24 (c) Carrying out internal administrative, quality assurance, training,
25 compliance, or operational activities and related functions necessary to support the
26 provision of services, including activities conducted on behalf of the pregnancy
27 center.
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1 (2) Any use or disclosure made in accordance with this Subsection shall be
2 limited to the minimum necessary information and shall remain subject to
3 confidentiality protections provided for in this Section.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 897 Reengrossed 2026 Regular Session Mandie Landry
Abstract: Provides for the protection of data for individuals utilizing services provided by
the Louisiana Pregnancy and Baby Care Initiative.
Present law creates the Louisiana Pregnancy and Baby Care Initiative within the Department
of Children and Family Services (DCFS) as a statewide program to promote childbirth and
provide pregnancy, parenting, and adoption support services.
Present law makes services available to pregnant women, biological fathers of unborn
children, parents or guardians of children up to 36 months old, participants who have
experienced the loss of a child, and immediate family members of participating parents.
Present law requires DCFS to contract with a single nonprofit organization to serve as the
general contractor to manage the program and subcontract with existing nonprofit providers
on a fee-for-service basis and prohibits the general contractor from providing direct client
services.
Present law limits program-funded services to counseling or mentoring, referrals,
educational classes, and material assistance intended to improve pregnancy or parenting
outcomes.
Proposed law prohibits a pregnancy center from disclosing a client’s name or protected
health information outside of the organization without the client’s written permission for the
disclosure unless the disclosure is related to providing treatment or services, coordinating
client care, or internal administrative activities.
Proposed law requires a pregnancy center to provide a privacy notice informing the client
of the types of information that may be disclosed.
Proposed law requires a pregnancy center to provide a simple mechanism for a client to
revoke previously granted consent for disclosure of protected health information.
Proposed law requires a pregnancy center to provide a client, at no cost, a copy of the
client’s records within 10 business days of a request.
Proposed law prohibits a general contractor that obtains protected health information from
disclosing a client’s name or protected health information outside of its organization.
Proposed law allows disclosure of aggregate or de-identified information that does not
identify an individual and allows disclosures necessary for DCFS to exercise oversight
authority or as otherwise required by law.
Proposed law authorizes a person to file a complaint with DCFS for alleged violations and
requires DCFS to investigate and determine whether a violation has occurred.
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Proposed law requires DCFS to initiate enforcement action upon finding a violation,
including warnings or monetary fines.
Proposed law requires that enforcement actions comply with applicable state contracting
laws, rules, and procedures, including notice and an opportunity to respond.
Proposed law applies to any organization receiving state or federal funding through
programs administered by DCFS for pregnancy center services, referrals, marketing, or
administrative functions, including but not limited to the Louisiana Pregnancy and Baby
Care Initiative and Thrive: The Baby and Parent Network.
Proposed law provides that a general contractor, subcontractor, and pregnancy center share
responsibility for ensuring compliance with the provisions of proposed law.
Proposed law provides for definitions.
(Adds R.S.46:972.2)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to
the original bill:
1. Provide for definitions.
2. Provide that certain patient data is protected.
3. Add that a pregnancy center is required to provide a privacy notice.
4. Provide for enforcement mechanisms.
5. Add that the responsibility to provide notice and maintain patient privacy is a
duty of the pregnancy center or affiliated entity.
The House Floor Amendments to the engrossed bill:
1. Modify written authorization requirements for the disclosure of patient
information by providing for when information may be disclosed without written
consent of the patient.
2. Limit monetary penalty to $5,000 per violation.
3. Clarify that the privacy notice, provided for in present law, may be provided at
the initiation of services.
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