Protecting Privacy for Reproductive Health Care

This afternoon, the House passed the bill protecting the privacy of women who receive reproductive health care in Maryland.

There was no floor debate.  I attribute that to the merits of House Bill 812.

As the bill’s sponsor, I prepared the following remarks.

When this General Assembly codified the holding of Roe V Wade and the voters of this state approved that law on referendum, 62-38%, there was no mention of the provision of care for women from out-of-state.

There was no need to do so.  No one expected people to come to Maryland for reproductive health care.  Roe protected that fundamental right throughout the United States.

That, as we all know, is no longer the case.

Patients will seek care in Maryland because they face criminal prosecution and civil liability if they do so in the state where they live.

However, they don’t escape that threat if they obtain reproductive care in a state where it is legal, such as Maryland.

In addition, their health care providers are also liable under the laws of several states.

Marylanders who travel to certain states and need health care are also vulnerable.

HB 812 protects those patients and their health care providers by regulating the disclosure of medical information relevant to their reproductive health care by custodians of public records, health care providers, health information exchanges, and dispensers.

The bill’s language is the result of discussions with the relevant parties – most notably the Maryland Health Care Commission and CRISP, the state-designated health information exchange.

The dates of implementation are staggered, and consultation with the General Assembly during this process is mandated.

 

Parties on

I’m a partisan guy – except when it can help pass my bills.

House Bill 125 would treat people trying to petition a law to referendum the same way as the people opposing that effort. It would criminalize the same conduct – fraud, duress or force – by either side.

The sponsor line reads, “Rosenberg, Parrott, Barve, Cardin, Ivey, and Summers.”

Delegate Parrott designed the software that was instrumental in getting marriage equality and the Dream Act on the ballot in 2012.

After he agreed that my bill would treat both sides identically, I asked him to sign on as a sponsor.

He brings added credibility to my fairness argument.

Individual privacy is not a liberal or conservative issue.

The government can access your emails and cell phone records. Drones and license plate readers are among the devices that capture this data.

Legislation addressing each of these issues will be introduced in both houses.

The two lead sponsors in the Senator are a Democrat and a Republican.

I suggested that we do the same in the House.

Delegate Smiegel, a Republican, readily agreed to join us.

Reasonable expectation of progress

            I don’t claim to be a 4th Amendment scholar. 

             What I remember from law school: if a person has a reasonable expectation of privacy, the police must get a warrant before searching that person’s home or car.

             But does that mean the police need to have a judge’s approval to learn a suspect’s real-time location by obtaining that information from a cell phone service provider?

             Prosecutors, police, and defense attorney know this area of the law backwards and forwards. 

             However, they don’t always agree on when that reasonable expectation of privacy exists and what the police should do when it does.

             The prosecutors and police have proposed amendments to House Bill 460

             The lobbyist for the Public Defender joined them at Friday’s meeting. 

              I asked the group if they could narrow their differences. 

             They kept negotiating when I left for another appointment. 

             When that other meeting ended, the door was still closed where the 4th Amendment was being considered.  

              I left them alone.  They didn’t need me. 

             Afterwards, my law student intern told me that progress had been made.

Intricacies and exigencies

            I wrote my floor speech on the marriage bill in my head last night. 

            I put it on my hard drive this morning. 

            I hope to give it before the weekend. 

            Unless the opponents succeed with parliamentary delays,  the bill will be voted on by the full House on Friday.

 —-

            I always try to work off of my document – except when I don’t.

             If everyone’s using my words, I’m shaping the discussion.

             I have delegated that crucial task to others for two of my bills. 

             House Bill 460 would require the police to get a search warrant before getting your cell phone records from your service provider.  The prosecutors and police that I met with last week know far more about the intricacies and exigencies than I do.  I asked them to draft amendments, which my co-sponsor and I will review, along with the Public Defender.

             An economic inclusion plan requiring the developer to hire people from the surrounding neighborhoods is part of the State Center project in Baltimore.  House Bill 523 would require that such plans be adopted for all state construction projects of $25 million or more. 

             Executive Branch officials informed me this afternoon that the Governor very much likes this concept.  I asked them to draft an English narrative of how we should do this.  That draft will then be discussed by the interested parties and if agreement is reached, become the amended bill. 

             In both instances, I know the goal I want to reach, but the designated drafters understand the details far better than I do.

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