No official summary available for this bill.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5895 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 5895
To amend title XVIII of the Social Security Act to establish certain
standards and requirements with respect to obtaining informed consent
and providing chaperones for providers of services participating in the
Medicare program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 31, 2025
Mrs. Trahan (for herself, Mr. McGovern, and Mrs. Dingell) introduced
the following bill; which was referred to the Committee on Ways and
Means, and in addition to the Committee on Energy and Commerce, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To amend title XVIII of the Social Security Act to establish certain
standards and requirements with respect to obtaining informed consent
and providing chaperones for providers of services participating in the
Medicare program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect Patients from Healthcare
Abuse Act''.
SEC. 2. ESTABLISHING STANDARDS AND REQUIREMENTS WITH RESPECT TO
OBTAINING INFORMED CONSENT AND PROVIDING CHAPERONES AS A
MEDICARE CONDITION OF PARTICIPATION.
Section 1866 of the Social Security Act (42 U.S.C. 1395cc) is
amended--
(1) in subsection (a)(1)--
(A) in subparagraph (X), by striking ``and'' at the
end;
(B) in subparagraph (Y), by striking the period at
the end and inserting ``, and''; and
(C) by inserting after subparagraph (Y) the
following new subparagraph:
``(Z) beginning January 1, 2026, in the case of a provider
of services, to comply with the informed consent and chaperone
requirements described in subsection (l).''; and
(2) by adding at the end the following new subsection:
``(l) Informed Consent and Chaperone Requirements.--
``(1) In general.--For purposes of subsection (a)(1)(Z),
the informed consent and chaperone requirements are, with
respect to a provider of services--
``(A) the written notification requirement
described in paragraph (2); and
``(B) the chaperone training and education
requirement described in paragraph (3).
``(2) Written notification requirement.--For purposes of
paragraph (1), the requirement described in this paragraph is,
with respect to a provider of services, that the provider
maintains written policies and procedures with respect to all
adult individuals receiving medical care by or through such
provider to provide written information to each such individual
concerning the right of such individual or a surrogate of such
individual (to the extent permitted under State law) to make
informed decisions with respect to the care of such individual,
including--
``(A) the right to be informed of the individual's
health status;
``(B) the right to be involved in planning for the
individual's care;
``(C) the right to provide informed consent with
respect to an item or service before such item or
service is furnished to such individual; and
``(D) the right to request the presence of a
chaperone during a sensitive procedure.
``(3) Chaperone training and education requirement.--For
purposes of paragraph (1), the requirement described in this
paragraph is, with respect to a provider of services, that the
provider provides for the education and training of appropriate
staff (as determined by the provider) with respect to the
rights of individuals receiving medical care by or through such
provider described in paragraph (2). Such training and
education shall include--
``(A) training in how to perform the functions of a
chaperone during a sensitive procedure;
``(B) education with respect to what constitutes a
sensitive procedure; and
``(C) education with respect to an individual's
right to provide informed consent to items and services
being furnished to such individual, as described in
paragraph (2)(C).
``(4) Definitions.--In this subsection, the following
definitions apply:
``(A) Chaperone.--The term `chaperone' means, with
respect to medical care furnished to an individual by
or through a provider of services, an appropriate staff
member (as determined by the provider)--
``(i) who is trained and educated in
accordance with paragraph (3); and
``(ii) who is present during a sensitive
procedure furnished in connection with such
care in order to--
``(I) act as a witness to the
procedure;
``(II) provide a comfortable, safe
environment consistent with the
generally accepted standard of care for
such procedure; and
``(III) report sexual abuse (as
defined in section 2242 of title 18,
United States Code) to an appropriate
supervisor (as designated by the
provider).
``(B) Informed consent.--The term `informed
consent' means, with respect to an item or service
furnished to an individual by or through a provider of
services, that the individual understands the risks,
benefits, and alternatives of such item or service.
``(C) Sensitive procedure.--The term `sensitive
procedure' means, with respect to medical care
furnished to an individual by or through a provider of
services, any of the following procedures furnished in
connection with such care:
``(i) Any physical examination, surgery, or
other procedure involving the individual's
genitalia, breasts, perianal region, or rectum.
``(ii) Any other physical examination,
surgery, or other procedure that the individual
considers to be sensitive.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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