Public Hearing on Health Data Privacy, Funeral Directors Licensing, and Green Death Care Options – March 23, 2026

On Monday, March 23, 2026, at 12:30 PM, the Committee on Health, chaired by Councilmember Christina Henderson, held a public hearing in Room 500 of the John A. Wilson Building. The hearing considered three bills: Bill 26-525 (Personal Health Data Security Amendment Act), Bill 26-47 (Funeral Directors Licensing Reform Amendment Act), and Bill 26-547 (Green Death Care Option Amendment Act). The committee also reviewed the fiscal year 2025 performance of the Board of Funeral Directors. The hearing was hybrid, with public witnesses testifying virtually and in person, and government witnesses in person.

Public Comments & Testimony

First Panel (Health Data Privacy):

• Justin Palmer (DC Hospital Association) supported the intent of Bill 26-525 but requested an explicit exemption for HIPAA-covered entities and their business associates to avoid duplicative and overlapping requirements.
• Margaret Durkent (TechNet) expressed concern about the bill's definitions diverging from most state privacy laws, fragmentation without a federal standard, and the immediate effective date. She advocated for an omnibus privacy approach to ensure interoperability.
• Melissa Wasser (ACLU of DC) supported the bill with three strengthening recommendations: (1) prohibit geofencing around healthcare facilities, (2) require clear, affirmative, and unambiguous consent before collecting or sharing health data, and (3) reduce the deletion period from 183 days to 45 days, consistent with other states.
• Rachel Mackey (licensed funeral director) supported Bill 26-47 but noted that terminology should align with Virginia and Maryland, that current education and examination practices differ from the bill's language, and that the five-year continuous practice requirement for reciprocity would create an unnecessary barrier.

Second Panel (Health Data Privacy & Funeral Licensing):

• Blair Nelson (Joseph Galler Sons) favored Bill 26-47, suggesting changes to the accreditation language (allow accrediting agencies approved by the U.S. Department of Education) and the examination requirement (national board arts exam instead of state board). He also urged eliminating the five-year continuous practice requirement for reciprocity, citing workforce shortages.
• Andrew Kingman (State Privacy and Security Coalition) raised concerns that the definition of personal health data in Bill 26-525 is overly broad, would lead to consent fatigue, and should apply only to District residents to avoid compliance burdens for frequent cross-border traffic. He recommended standardizing definitions with other states.
• Zachary Taylor (Consumer Data Industry Association) argued that the bill's broad definition of personal health data could inadvertently restrict information furnished under the Fair Credit Reporting Act and the Gramm-Leach-Bliley Act, harming credit files. He urged clear exemptions for those federal laws.

Virtual Witnesses:

• Sniati Hubbard (DC Chamber of Commerce) supported the goal of health data protection but stated the bill's broad definitions would capture routine consumer products (e.g., ibuprofen, toilet paper) and impose impractical opt-in requirements. She requested a more targeted approach.
• Haley Morris (Earth Funeral) strongly supported the Green Death Care Option Act, emphasizing consumer choice and environmental benefits. She also urged consideration of natural organic reduction (human composting) as a future option.
• Amelia Kamala (DC Policy Center) opposed the creation of a separate embalmer's license under Bill 26-47, arguing that licensing requirements raise prices, reduce workforce participation, and disproportionately affect women, Black, and foreign-born Hispanic workers.
• Sean Heath (Interra Green Burial) supported alkaline hydrolysis, citing its lower carbon footprint (one-tenth the energy of flame cremation), safety benefits (no explosive devices), and manageable wastewater discharge. He noted that 61% of consumers seek sustainable options.
• Sarah Gagan (Electronic Privacy Information Center) strongly supported Bill 26-525, urging the committee to retain the broad definition of health data, keep the geofencing prohibition, and move away from notice-and-choice toward data minimization principles.

Discussion Items

Bill 26-525 (Personal Health Data Security Amendment Act): Chairperson Henderson questioned witnesses on consent fatigue, the feasibility of unambiguous consent, and the trade-offs between a sectoral health data bill and a comprehensive omnibus privacy bill. She noted that an omnibus approach would require multiple committee referrals and could delay action. The Office of the Attorney General (OAG) recommended moving away from notice-and-consent toward a list of permissible processing activities, providing OAG with quarterly summary reports of deletion requests, and making a violation a per se violation of the Consumer Protection Procedures Act (CPPA) to allow a private right of action. OAG also supported shortening the deletion period to 45 days and tailoring HIPAA exemptions to protected health information, not entire entities.

Bill 26-47 (Funeral Directors Licensing Reform Amendment Act): The committee discussed the proposed separation of funeral director and embalmer licenses. The Board of Funeral Directors suggested a three-license model (funeral director, embalmer, and combination license) similar to Virginia and Maryland. Director Tiffany Crow of DLCP recommended retaining the high school diploma or GED requirement, allowing combination license holders to practice both, and replacing the two-report internship requirement with a single final report. The board noted that the current four-year apprenticeship window is rarely extended, and that the 2,000-hour internship aligns with Virginia's requirement. The reciprocity requirement of five years of continuous practice was defended by the board as consistent with neighboring states, but public witnesses argued it would limit the candidate pool.

Bill 26-547 (Green Death Care Option Amendment Act): The committee explored the feasibility of alkaline hydrolysis in the District. Witnesses explained that the process uses electricity, emits no harmful pollutants, and the liquid byproduct (fluent) is safely treated by municipal wastewater systems. The District currently has no crematory, and the board noted that zoning restrictions (e.g., 50% neighbor approval within 100 feet) have deterred crematoria. Adding two seats to the Board of Funeral Directors (from five to seven) was discussed, with the board open to expansion but noting the small pool of District-resident funeral directors. The committee will consult with DOEE, DC Water, and DDOT on infrastructure questions.

Board of Funeral Directors Performance: Chair McGuire reported that the board meets monthly (except August), issues four license types, and handles complaints through DLCP's consumer protection unit. In FY2025, the board received 11 complaints, with six closed, one referred to OAG, three listed as other, and one under investigation. The board has not coordinated with the FTC on price transparency inspections, though the District led a 2022 coalition urging FTC rule updates. The board has one funeral director vacancy, and the surviving spouse/estate license is considered outdated.

Key Outcomes

• No votes were taken; the hearing was informational.
• The record will remain open until 5:00 PM on Monday, April 6, 2026, for written testimony on all three bills.
• The committee will send post-hearing questions to DLCP, DOEE, DC Water, and DDOT regarding the Green Death Care bill.
• Chairperson Henderson indicated plans to work with stakeholders on amendments to refine definitions, consent requirements, and exemptions in the health data bill, and to align funeral licensing terminology with neighboring states.
• The next Committee on Health hearing is scheduled for Wednesday, March 25, 2026, at 9:30 AM, covering three bills on Medicaid credentialing, prescription drug costs, and the food policy council.