HR 5895
Protect Patients from Healthcare Abuse Act
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- Passed Senate
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Bill overview
This bill, the Protect Patients from Healthcare Abuse Act, amends Medicare regulations to strengthen patient rights and protections during medical care. Specifically, it requires Medicare providers to obtain written informed consent from patients regarding their care, including the right to understand their health status, participate in care planning, and request a chaperone during sensitive procedures. The bill also mandates training for staff on chaperone duties and reporting of potential abuse.
Key provisions
- Requires Medicare providers to obtain written informed consent from patients.
- Mandates the provision of written information to patients about their rights regarding care decisions.
- Requires providers to provide chaperone services during ‘sensitive procedures’.
- Defines ‘chaperone’ as a trained staff member present during sensitive procedures.
- Establishes a list of procedures considered ‘sensitive’ (e.g., examinations involving genitalia).
- Requires provider training and education for staff on chaperone duties and reporting.
- Sets a compliance date of January 1, 2026, for providers to meet these requirements.
- Defines ‘informed consent’ as understanding risks, benefits, and alternatives of a medical procedure.
Who is affected
- Medicare providers
- Patients receiving care through Medicare
- Healthcare facilities participating in the Medicare program
- Medical staff at Medicare providers
Notable changes
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Primary sponsor
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119th CONGRESS — 1st Session
H. R. 5895
IN THE HOUSE OF REPRESENTATIVES
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.
This Act may be cited as the Protect Patients from Healthcare Abuse Act
.
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:
by adding at the end the following new subsection:
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 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).
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 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 other physical examination, surgery, or other procedure that the individual considers to be sensitive.