HR3792119th CongressWALLET

KIDS Act

Sponsored By: Representative Van Drew

Introduced

Summary

Bars providers in Medicare, Medicaid, and CHIP from asking minors about their gender identity or sexual orientation on intake forms unless that information is clinically necessary. It would define minors as individuals under 18 and limit exceptions to what applicable clinical guidelines or medical necessity criteria allow.

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  • Families and minors: Minors would have fewer routine intake questions about gender identity or sexual orientation, protecting that information unless it is needed for diagnosis, treatment, or prevention.
  • Health care providers: Providers participating in federal or state health programs would need to remove or revise intake questions and rely on clinical guidance to determine when such information is essential.
  • Oversight and enforcement: The Secretary of Health and Human Services must set up a reporting mechanism within 180 days to accept complaints about prohibited requests.
  • Compliance consequences: Noncompliance would be addressed through existing participation restrictions under the Social Security Act section 1128 framework.

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 1 benefits, 0 costs, 0 mixed.

Ban on nonessential gender questions for minors

If enacted, starting 180 days after enactment, providers in Medicare or state programs could not ask people under 18 about gender identity or sexual preference on intake forms or other paperwork. Questions would be allowed only if needed for diagnosis, treatment, or prevention under clinical guidelines. HHS would set up a way to report these requests within 180 days. Providers that violate the rule could face existing penalties, like exclusion from Medicare or state programs.

Sponsors & CoSponsors

Sponsor

Van Drew

NJ • R

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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