H.R. 5895

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5895 Introduced in House (IH)]

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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.''.
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