HR5895-119

1. Short title This Act may be cited as the Protect Patients from Healthcare Abuse Act.

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— in subsection (a)(1)— in subparagraph (X), by striking and at the end; in subparagraph (Y), by striking the period at the end and inserting , and; and by inserting after subparagraph (Y) the following new subparagraph: 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). by adding at the end the following new subsection: For purposes of subsection (a)(1)(Z), the informed consent and chaperone requirements are, with respect to a provider of services— the written notification requirement described in paragraph (2); and the chaperone training and education requirement described in paragraph (3). 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— the right to be informed of the individual’s health status; the right to be involved in planning for the individual’s care; the right to provide informed consent with respect to an item or service before such item or service is furnished to such individual; and the right to request the presence of a chaperone during a sensitive procedure. 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— training in how to perform the functions of a chaperone during a sensitive procedure; education with respect to what constitutes a sensitive procedure; and 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). In this subsection, the following definitions apply: 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)— who is trained and educated in accordance with paragraph (3); and who is present during a sensitive procedure furnished in connection with such care in order to— act as a witness to the procedure; provide a comfortable, safe environment consistent with the generally accepted standard of care for such procedure; and report sexual abuse (as defined in section 2242 of title 18, United States Code) to an appropriate supervisor (as designated by the provider). 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. 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: Any physical examination, surgery, or other procedure involving the individual’s genitalia, breasts, perianal region, or rectum. Any other physical examination, surgery, or other procedure that the individual considers to be sensitive. (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 (l)Informed consent and chaperone requirements (1)In generalFor 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 requirementFor 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 requirementFor 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)DefinitionsIn this subsection, the following definitions apply: (A)ChaperoneThe 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 consentThe 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 procedureThe 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..