June 5, 2025
Mr. Van Drew introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
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.
Section 1. Short title
This Act may be cited as the Kids Information Data Security Act
or the KIDS Act
.
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 (42 U.S.C. 1320a–7) is amended—
(1)
in subsection (a)—
(A)
in the matter preceding paragraph (1), by inserting (or, in the case of individuals and entities described in paragraph (5), from participation in the Medicare program under title XVIII or a State health care program)
after (as defined in section 1128B(f))
; and
(B)
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—
(A)
is related to the gender identity or sexual preference of such individual; and
(B)
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.
(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 (42 U.S.C. 1320a–7(a)), as added by subsection (a).