H.R. 5895: Protect Patients from Healthcare Abuse Act

This bill, titled the "Protect Patients from Healthcare Abuse Act," aims to amend the Social Security Act to introduce specific standards and requirements concerning informed consent and the provision of chaperones for healthcare providers who participate in the Medicare program. Its main components include:

Informed Consent and Chaperone Requirements

Starting January 1, 2026, healthcare providers will be required to comply with new informed consent and chaperone requirements. These requirements entail:

• Written Notification Requirement: Providers must maintain written policies that inform adult patients about their rights related to medical care. This includes the right to:
  • Be informed about their health status.
  • Be involved in planning their care.
  • Provide informed consent before receiving any medical service or item.
  • Request the presence of a chaperone during sensitive procedures.
• Chaperone Training and Education Requirement: Providers must ensure that appropriate staff receive education and training regarding patients' rights. This training will cover:
  • How to effectively serve as a chaperone during sensitive procedures.
  • What constitutes a sensitive procedure.
  • The importance of informed consent in medical treatment.

Definitions

Several key terms are defined in the bill to clarify the requirements:

• Chaperone: An appropriately trained staff member who is present during sensitive medical procedures to ensure safety and comfort for patients and to witness the procedure.
• Informed Consent: A process by which a patient understands and agrees to the risks and benefits of a medical service or item before it is provided.
• Sensitive Procedure: Any medical action involving an individual's genitalia, breasts, perianal region, rectum, or other procedures that the individual deems sensitive.

This legislation seeks to strengthen patient protections and enhance the safety and transparency of medical care delivered under the Medicare program by formalizing the requirement for informed consent and the presence of chaperones during sensitive medical procedures.

Relevant Companies

• UNH (UnitedHealth Group): As a major healthcare provider involved in Medicare programs, this bill may necessitate changes in policies and staff training regarding informed consent and chaperone services.
• HUM (Humana Inc.): Being a key player in Medicare managed care, Humana may need to adjust its operational protocols to comply with the new informed consent and chaperone requirements.
• ANTM (Anthem, Inc.): Similar to other Medicare insurance providers, Anthem may be affected in terms of compliance with the updated practices regarding patient consent and the availability of chaperones during procedures.