Amendment #4 to H4844

Covered Entities

Mr. Barrows of Mansfield moves to amend the bill by striking the definitions of “covered entity” and “Reproductive or gender-affirming care location information” and replacing them with the following:

“Covered entity”, any person, partnership, corporation, limited liability company, association or other group, however organized, and all agents of the covered entity, that: (i) does business, produces or provides a service in the commonwealth; and (ii) determines the means and purposes of processing an individual’s reproductive or gender-affirming care location information. A covered entity shall not include: (1) a state or local government agency, any court of the commonwealth or a clerk, judge or justice of the court; or (2) an individual acting in a non-commercial context; or (3) a service provider.

“Reproductive or gender-affirming care location information”, information identifying reproductive or gender-affirming health care services that: (i) is linked or reasonably linkable to an individual; (ii) is derived from a device or from interactions between devices, with or without the knowledge of the user, including, but not limited to, global positioning system level latitude and longitude coordinates or other mechanisms; and (iii) directly identifies the specific geographical location of an individual or device within the commonwealth with sufficient precision to identify street-level location information within a radius of 1,850 feet or less; provided, that reproductive or gender-affirming care location information shall include only location information that a covered entity uses to identify an individual’s attempt to acquire or receive reproductive or gender-affirming health care services or efforts to research or obtain reproductive or gender-affirming health care services. Reproductive or gender-affirming care location information shall not include: (1) location information identifiable or derived solely from the visual content of a legally obtained image, including the location of the device that captured such image or publicly posted words; (2) information that meets the definition of protected health information for purposes of the federal Health Insurance Portability and Accountability Act of 1996 and any regulations promulgated thereunder; or (3) the content of communications.

And moves to further amend the bill by removing references to “service provider” as appearing in lines 81, 95, 97, 98, and 114.