H.R. 4953: Gender-Affirming Child Abuse Prevention Act

The Gender-Affirming Child Abuse Prevention Act is a proposed law that aims to establish a civil right of action for individuals who underwent gender-related medical treatment while they were minors. Here’s a breakdown of what the bill proposes:

Right to Sue

The bill allows individuals who received gender-affirming care as minors to bring a civil lawsuit against each person who performed such treatment. This right is in place except for certain specified circumstances.

Who Can Sue

If an individual is under 18 years old, incapable of initiating legal action, or has passed away, a guardian or representative can pursue the legal rights on behalf of that person.

Potential Compensation

The individuals who sue may be entitled to recover:

• The actual damages they sustained, or
• A fixed amount of $250,000 for each instance of gender-affirming care they received, along with
• Reasonable attorney fees and litigation costs.

Conditions for Legal Action

The bill specifies several circumstances under which a plaintiff can sue:

• If the defendant or the victim traveled across state or national borders in relation to the treatment.
• If the treatment involved the use of interstate commerce through various means.
• If payments related to the treatment were made through channels of interstate commerce.
• If any communication regarding the treatment was transmitted via channels of interstate commerce.
• If instruments or materials used in the treatment had traveled in interstate commerce.
• If the events occurred within U.S. territorial jurisdictions.

Definitions of Treatment

The bill provides a specific definition of "gender-related medical treatment," which includes surgical procedures, hormone therapies, and puberty blockers aimed at addressing individuals' perceptions of their gender identity:

• For female individuals, this includes procedures like vaginectomy, hysterectomy, and testosterone therapy.
• For male individuals, this includes procedures like penectomy, orchiectomy, and estrogen therapy.

However, it does not include treatment for medical conditions defined by a physician or treatments for individuals with ambiguous sex characteristics or those suffering from physical injuries or diseases exacerbated by previous treatments.

Definitions of Key Terms

The bill outlines specific definitions for key terms used within it:

• Gender-related medical treatment: Medical procedures and treatments related to addressing gender dysphoria.
• Sex: The biological classification of an individual as male or female.
• Gender: The biological differences between males and females, excluding terms relating to gender identity or roles.
• Minor: An individual who is below 18 years of age.

Legislative Process

The bill is currently in the introductory phase in the U.S. House of Representatives and has been referred to the Committee on the Judiciary for further consideration.

Relevant Companies

• AMEH - This company provides various healthcare services and could see changes in operations or liability related to gender-affirming treatments.
• UNH - UnitedHealth Group may adjust its policies or procedures in response to potential litigation risks surrounding gender-affirming care.
• ANTM - Anthem may revise its coverage for gender-affirming treatments due to changes in legal and financial exposure from this legislation.