Sponsors (3)
Adds a Medicare condition of participation requiring written informed-consent policies, patient notice of rights, chaperone availability, and chaperone training.
The bill strengthens patient safety and informed-consent rights in Medicare settings by requiring notices, chaperones, and staff training, while imposing new administrative costs, reporting burdens, and potential implementation challenges for surrogate decision-making.
Patients (including Medicare beneficiaries and people with chronic conditions) can request trained chaperones during sensitive exams and procedures, increasing their sense of safety and reducing the risk of clinician misconduct.
Medicare beneficiaries will receive clear written information about their right to informed consent and to request a chaperone, making patient rights more explicit and easier to exercise.
Medicare providers must train staff on informed consent and chaperone roles, which should improve staff knowledge and produce more consistent patient protections across Medicare-funded facilities.
Hospitals and other Medicare providers will face new administrative and training costs to develop policies, educational materials, and chaperone programs, imposing expenses on health systems and, indirectly, taxpayers.
The requirement that chaperones report sexual abuse under federal law creates additional reporting obligations and potential liability for providers if reporting processes are not implemented correctly.
People with disabilities and other patients with limited decision-making capacity may face complexity or inconsistent access to chaperone and informed-consent protections where state law restricts surrogate consent, potentially limiting the intended protections for these groups.
Based on analysis of 2 sections of legislative text.
Official title: 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.
Introduced October 31, 2025 by Lori Trahan · Last progress October 31, 2025
Adds a new Medicare condition of participation effective January 1, 2026, requiring Medicare-certified providers to adopt written informed-consent policies, inform adult patients (or permitted surrogates) of their rights, offer the ability to request a chaperone for sensitive procedures, and train staff to serve as chaperones who can witness procedures and report sexual abuse. The law defines "chaperone," "informed consent," and a broad category of "sensitive procedures" that includes exams or procedures involving genitalia, breasts, perianal region, rectum, or any procedure an individual considers sensitive. The rule requires providers to provide written patient information about rights to be informed, to participate in care planning, to give informed consent before services, and to request a chaperone; it also requires chaperone training that covers how to witness procedures, identify sensitive procedures, protect patient safety, and report sexual abuse under federal criminal law.