119-hr3792

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3792 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 3792

 To amend title XI of the Social Security Act to prohibit providers 
 participating in the Medicare program and State health care programs 
 from requesting on intake forms information regarding the gender 
 identity or sexual preference of minors.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 June 5, 2025

 Mr. Van Drew introduced the following bill; which was referred to the 
 Committee on Energy and Commerce, and in addition to the Committee on 
 Ways and Means, 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 XI of the Social Security Act to prohibit providers 
 participating in the Medicare program and State health care programs 
 from requesting on intake forms information regarding the gender 
 identity or sexual preference of minors.

 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 ``Kids Information Data Security Act'' 
or the ``KIDS Act''.

SEC. 2. PROHIBITING PROVIDERS PARTICIPATING IN MEDICARE, MEDICAID, AND 
 CHIP FROM REQUESTING ON INTAKE FORMS INFORMATION 
 REGARDING THE GENDER IDENTITY OR SEXUAL PREFERENCE OF 
 MINORS.

    (a) In General.--

Section 1128 of the Social Security Act (42 U.S.C. 
1320a-7) is amended--

    (1) in subsection

    (a) --
        (A) in the matter preceding paragraph

    (1) , by 
 inserting ``(or, in the case of individuals and 
 entities described in paragraph

    (5) , from participation 
 in the Medicare program under title XVIII or a State 
 health care program)'' after ``(as defined in 

section 1128B

    (f) )''; and
        (B) by inserting after paragraph

    (4) the following 
 new paragraph:
 ``

    (5) Certain prohibited information requested from 
 minors.--Any individual or entity that, on or after the date 
 that is 180 days after the date of enactment of this paragraph, 
 requests through an intake form provided in connection with any 
 item or service furnished to an individual under 18 years of 
 age, or through any other written or electronic documentation 
 or data collection process initiated before, during, or after 
 the intake process with respect to such individual, information 
 that--
 ``
        (A) is related to the gender identity or sexual 
 preference of such individual; and
 ``
        (B) is not essential to the diagnosis, treatment, 
 or prevention of a condition for which such individual 
 is seeking care, as determined by applicable clinical 
 guidelines or medical necessity criteria.''.

    (b) Reporting Mechanism.--Not later than the date that is 180 days 
after the date of the enactment of this section, the Secretary of 
Health and Human Services shall establish a mechanism by which 
individuals may report to the Secretary any instance of a request for 
information described in paragraph

    (5) of 

section 1128

    (a) of the Social 
Security Act (42 U.S.C. 1320a-7

    (a) ), as added by subsection

    (a) .
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