KIDS Act
- Bill Number
- H.R. 3792
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Health
- Status
- Introduced
- Latest Action
- 2025-06-05: 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.
- Last Updated
- 2025-06-25T12:49:55Z
AI-Generated Summary
Purpose
The "Kids Information Data Security Act" (KIDS Act) aims to safeguard the privacy of minors by restricting healthcare providers who participate in federal programs like Medicare, Medicaid, and the Children's Health Insurance Program (CHIP) from collecting non-essential personal information about a minor's gender identity or sexual preference during intake or related processes.
Key Provisions
- Prohibition on Information Requests: Providers cannot ask for information on a minor's (under 18 years old) gender identity or sexual preference through intake forms, written documents, or electronic data collection before, during, or after care, unless it is essential for diagnosing, treating, or preventing a medical condition based on clinical guidelines or medical necessity.
- Penalties for Violations: Starting 180 days after enactment, any provider violating this rule faces exclusion from participating in Medicare or state health care programs (e.g., Medicaid and CHIP). Exclusion means they can no longer bill these programs for services.
- Reporting Mechanism: The Secretary of Health and Human Services (HHS) must create a system within 180 days of enactment for individuals to report instances of prohibited requests.
Significant Changes to Existing Law
- Amends Section 1128(a) of the Social Security Act, which lists grounds for excluding individuals or entities from federal health care programs due to fraud, abuse, or other issues.
- Adds a new paragraph (5) specifically targeting unnecessary collection of sensitive information from minors as a standalone ground for exclusion, expanding the scope of what constitutes a violation beyond traditional fraud or patient harm.
Potential Impacts
- Government Agencies: HHS will need to develop and manage a reporting system, potentially increasing administrative workload and enforcement efforts to monitor compliance among providers.
- Citizens: Minors and their families may experience greater privacy in healthcare settings, reducing discomfort or risks from sharing sensitive information. However, it could limit providers' ability to offer tailored care in some cases, affecting access to supportive services.
- International Relations: No direct impacts, as the bill focuses on domestic U.S. health programs.
Main Stakeholders Affected
- Healthcare Providers: Those billing Medicare, Medicaid, or CHIP, including hospitals, clinics, and physicians, who must update intake processes to comply or risk losing program participation.
- Minors and Families: Primary beneficiaries of privacy protections, but potentially those seeking gender-affirming or related care may face barriers if information collection is deemed non-essential.
- HHS and Oversight Bodies: Responsible for enforcement, reporting, and ensuring program integrity.
- Advocacy Groups: Organizations focused on child privacy, LGBTQ+ rights, or healthcare access may be indirectly involved in compliance or challenges.
Notable Legal, Constitutional, or Political Implications
- Legal: Could lead to disputes over what qualifies as "essential" information, potentially requiring court interpretations of clinical guidelines. Enforcement relies on HHS definitions, which might face administrative challenges.
- Constitutional: Raises questions about balancing privacy rights (under the Fourth Amendment or implied rights) with providers' First Amendment freedoms in data collection, or equal protection concerns if seen as targeting specific groups.
- Political: Addresses debates on minor protections versus inclusive healthcare, likely sparking partisan discussions on privacy, identity issues, and federal oversight of state programs, without altering broader anti-discrimination laws.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Van Drew, Jefferson [R-NJ-2]
Recent Actions
- 2025-06-05: 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.
- 2025-06-05: 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.
- 2025-06-05: Introduced in House
- 2025-06-05: Introduced in House
Bill Versions
- Kids Information Data Security Act — issued 2025-06-05 — PDF (3 pages)