H.R. 3792
119th CONGRESS 1st Session
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 · Sponsor: Mr. Van Drew
Table of contents
SEC. 1. Short title
- This Act may be cited as the or the .
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 () is amended— 42 U.S.C. 1320a–7
- in subsection (a)—
- in the matter preceding paragraph (1), by inserting after ; and
- 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—
- is related to the gender identity or sexual preference of such individual; and
- 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.
- 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—
- (5) Certain prohibited information requested from minors
- in subsection (a)—
- Section 1128 of the Social Security Act () is amended— 42 U.S.C. 1320a–7
- (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 (), as added by subsection (a). 42 U.S.C. 1320a–7(a)