HR 3792119th CongressIntroduced

KIDS Act

Introduced: Jun 5, 2025

HealthcareSocial Services

Standard Summary

Comprehensive overview in 1-2 paragraphs

The KIDS Act (Kids Information Data Security Act) would bar providers that participate in Medicare, Medicaid, and CHIP from asking minors (under 18) for information about their gender identity or sexual orientation on intake forms or through any related documentation or data collection processes. The ban takes effect 180 days after enactment and applies only if the information is not essential to diagnosing, treating, or preventing a condition, as determined by clinical guidelines or medical necessity. The bill also requires the Secretary of Health and Human Services to create a reporting mechanism within 180 days after enactment so individuals can report violations. Enforcement would rely on existing protections in the Social Security Act (section 1128), which governs participation in federal health programs and can trigger penalties or exclusion for noncompliance. Sponsor: Rep. Van Drew introduced the bill in the House on June 5, 2025. It is referred to the Committee on Energy and Commerce and the Committee on Ways and Means.

Key Points

1Prohibition scope: Applies to providers participating in Medicare, Medicaid, and CHIP, prohibiting them from requesting information about a minor’s gender identity or sexual orientation on intake forms or via any other written/electronic documentation initiated during care.
2Timing and applicability: The restriction becomes effective 180 days after enactment. Information gathered before that date may be governed by current practices; after that date, the restriction applies if the data is not clinically essential.
3Essential vs. non-essential data: Information about gender identity or sexual orientation is only allowed if it is essential to diagnosis, treatment, or prevention of a condition, as determined by applicable clinical guidelines or medical necessity criteria.
4Reporting mechanism: By 180 days after enactment, HHS must establish a way for individuals to report violations to the Secretary of Health and Human Services.
5Enforcement framework: Violations would be pursued under the existing SSA 1128(a) framework, which governs exclusions from federal health programs and civil penalties for providers who abuse or misuse program participation.

Impact Areas

Primary group/area affected- Minors under 18 receiving care in Medicare, Medicaid, or CHIP programs- Healthcare providers, clinics, hospitals, and intake staff who collect patient information- Electronic health record (EHR) systems and data collection processes used in participating facilitiesSecondary group/area affected- Families and guardians of minors, who may be affected by changes in how health information is collected- State health care programs managing Medicaid/CHIP eligibility and coverageAdditional impacts- Potential privacy protections for minors by limiting collection of sensitive data not essential for care- Possible impact on clinical documentation practices if clinicians must avoid collecting demographic data unless strictly medically necessary- Compliance and administrative costs for providers to adjust intake forms and data systems- Interaction with existing privacy rules (e.g., HIPAA minimum necessary guidelines) and state laws governing health information- The broader effect on public health data and research that rely on demographic information related to gender identity or sexual orientation

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