(1) Confidentiality.
(a) Philadelphia protected parties have a privacy interest in their protected reproductive healthcare information remaining confidential, and in not being harassed or subject to abusive litigation as a result of their involvement with reproductive healthcare.
(2) Prohibition on Disclosure of Protected Reproductive Health Care for Certain Purposes. Except as required by Pennsylvania law, an order from a Pennsylvania court, a federal law, or an order from a federal court, no person shall disclose protected reproductive healthcare information to another person when the disclosing person knows or should know that the person receiving the information intends to use the information to harass a Philadelphia protected party or bring a wrongful action against a Philadelphia protected party.
(3) Limitations.
(a) Subsection (2) of this Section 6-1402 shall not apply to any investigation or proceeding in which the conduct that is subject to potential liability would be subject to civil or criminal liability or a professional sanction under Pennsylvania law if committed in Pennsylvania.
(b) Nothing in this Chapter shall regulate any person in a manner that would conflict with the provisions of the Federal Employee Retirement Income Security Act of 1974 or the Fair Credit Reporting Act.
(c) Nothing in this Chapter is intended to prevent the sharing of protected reproductive health care information for health insurance coverage, payment processing-related purposes, or in circumstances that a healthcare provider or healthcare plan has determined in reasonable good faith is necessary and appropriate for the coordination of care of the individual whose protected reproductive healthcare information is at issue.
(d) Nothing in this Chapter should be construed to in any way limit any other prohibition on the release of protected reproductive healthcare information provided for in any other federal, state, or City law or regulation.
(e) The provisions of this Chapter shall be interpreted consistently with the United States Constitution and other applicable law and shall not unlawfully prohibit constitutionally protected activity.
(f) This Chapter is intended to protect access to lawful reproductive healthcare in Philadelphia and the privacy of individuals in connection with such reproductive healthcare. This Chapter shall not apply in any circumstance where such application would result in the extraterritorial application of the Chapter in a manner that is not incidental. Nor does this Chapter limit the rights of an aggrieved person to recover damages or seek legal protection under any other applicable law or legal theory.