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HD 3628

An Act for the protection and privacy of social care information

194th Legislature (2025-2026) Introduced by Jessica Giannino

Prohibits selling/licensing or misusing social care data in closed-loop referral systems; requires use only for the original purpose, with $1,000 per violation enforced by the AG.

Senate concurred
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Bill Summary · HD 3628

Summary of Bill HD 3628: An Act for the Protection and Privacy of Social Care Information

Overview

  • Bill number/title: House Docket No. 3628, An Act for the protection and privacy of social care information
  • Introduced: February 27, 2025
  • Status: Senate concurred (as of the latest action)
  • Proposed chapter: Creates Chapter 93M in the General Laws (to be inserted after Chapter 93L)

Purpose and intent

The bill establishes a dedicated framework to protect the privacy and security of social care information shared through closed-loop referral systems (CLRS). It aims to prevent the sale, licensing, and improper use of social care data, and to ensure that information collected for social care purposes is used only for its intended purpose, with enforcement by the Massachusetts Attorney General (AG).

Key provisions

Definitions (Section 2)

  • Closed-Loop Referral System (CLRS): A system that stores individuals’ social care information, enables sharing among participating entities for referrals, and shows updated referral activity (including which organizations completed referrals).
  • Participating organization: Any entity that can create, receive, or update referrals or other social care information within a CLRS (e.g., healthcare providers, health plans, public agencies, nonprofits, CLRS vendors, and other entities delivering social care).
  • Social care: Services, goods, or support related to an individual’s social needs (e.g., housing, food security, transportation, employment, education, child care, safety).
  • Social care information: Data related to the need for, payment for, or provision of social care that identifies the recipient or could reasonably identify the recipient.

Prohibitions and restrictions (Section 3)

  • (a) A participating organization shall not sell or license social care information stored in or transmitted through a CLRS.
  • (b) Social care information within a CLRS shall not be used for purposes other than the original purpose for which it was collected or generated (consistent with federal and state law).
  • (c) Violations (selling, licensing, or transmitting social care information in violation of the section) trigger civil penalties of $1,000 per violation.
  • (d) Civil penalties are to be collected and enforced by the Attorney General.

Implementation and enforcement (Sections 4–5)

  • Section 4: The AG may adopt, amend, or repeal rules and regulations as needed to implement, administer, and enforce Chapter 93M.
  • Section 5: The act becomes effective 90 days after enactment.

Affected entities and data

  • Who is affected: Participating organizations in CLRS, including healthcare providers, health plans, public agencies, charitable and nonprofit organizations, CLRS technology vendors, and other entities that provide social care.
  • What is protected: Social care information that identifies individuals or could be used to identify them, stored in or transmitted through CLRS.

Legislative history and timeline

  • Action: Referred to the Committee on Consumer Protection and Professional Licensure (2025-02-27)
  • Status update: Senate concurred (also noted on 2025-02-27)

Potential impact

  • Strengthens privacy protections for individuals receiving social care services (housing, nutrition, safety, employment, education, etc.).
  • Imposes a clear prohibition on sale/licensing and limited use of social care data within CLRS.
  • Establishes penalties and strengthens enforcement via the AG.
  • Imposes regulatory rulemaking responsibilities on the AG to implement the chapter.
  • Likely implications for CLRS vendors and partner organizations in terms of compliance, audits, and data governance.

Compiled from official sources — confirm details with the bill’s official record.

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