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

Introduced Oct 31, 20252 cosponsors

Sponsor

Lori Trahan

Lori Trahan

Democrat · MA-3

Bill Progress

IntroducedOct 31
Committee 
Pass House 
Pass Senate 
Signed 
Law 

Latest Action · Oct 31, 2025

1/2

Referred to Ways and Means, and in addition to the Committee on Energy and Commerce, 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. for review

Medicare providers face new consent rules

Why it matters

Starting January 1, 2026, Medicare-participating providers would have to meet new written informed consent and chaperone standards for adult patients.

HR5895 would add new patient-protection rules to the Medicare program by amending section 1866 of the Social Security Act, codified at 42 U.S.C. 1395cc. The core change is simple: beginning January 1, 2026, a provider of services that participates in Medicare would have to follow new informed consent and chaperone requirements for all adult individuals receiving medical care by or through that provider.

What does H.R. 5895 do?

1

Compliance starts January 1, 2026

Beginning January 1, 2026, providers of services participating in Medicare must comply with new informed consent and chaperone requirements. The bill applies through an amendment to section 1866 of the Social Security Act, at 42 U.S.C. 1395cc.

2

Written patient-rights notice for all adults

Medicare providers must maintain written policies and procedures to give written information to all adult individuals receiving care, or to their surrogates when permitted by State law. That written notice must cover the patient’s right to be informed of health status, be involved in care planning, provide informed consent before an item or service is furnished, and request a chaperone during a sensitive procedure.

3

Informed consent defined by risks, benefits, alternatives

The bill specifically defines informed consent as the individual understanding the risks, benefits, and alternatives of an item or service furnished by or through a provider of services. That definition gives providers a concrete standard they must meet before furnishing care.

4

Sensitive procedures include genital, breast, rectal exams

A sensitive procedure is defined to include any physical examination, surgery, or other procedure involving the individual’s genitalia, breasts, perianal region, or rectum. It also includes any other physical examination, surgery, or procedure that the individual considers to be sensitive, making the definition broader than a fixed anatomical list.

5

Chaperones must be trained staff witnesses

A chaperone must be an appropriate staff member, as determined by the provider, who is trained and educated under the bill and present during a sensitive procedure. The chaperone’s statutory duties are to act as a witness to the procedure, help provide a comfortable and safe environment consistent with the generally accepted standard of care, and report sexual abuse as defined in 18 U.S.C. 2242 to an appropriate supervisor designated by the provider.

6

Mandatory staff training on 3 core topics

Providers must educate and train appropriate staff on at least 3 subjects: how to perform chaperone functions during a sensitive procedure, the definition of a sensitive procedure, and patient rights regarding informed consent. The bill leaves it to the provider to determine which staff are appropriate for this training.

Who benefits from H.R. 5895?

Adult Medicare patients

All adult individuals receiving medical care by or through a Medicare provider would gain a written explanation of 4 specific rights: to know their health status, participate in care planning, give informed consent before an item or service is furnished, and request a chaperone during a sensitive procedure.

Patients undergoing intimate exams or procedures

People receiving examinations, surgeries, or other procedures involving the genitalia, breasts, perianal region, or rectum would have an explicit right to request a trained chaperone. Patients also benefit because the bill covers any other procedure the individual personally considers sensitive.

Adult patients who use legal surrogates

When State law permits, surrogates can receive the required written information on the adult patient’s behalf. That helps patients who may not be able to manage consent discussions alone.

Patients concerned about misconduct

The bill creates a formal witness role for trained chaperones and requires those chaperones to report sexual abuse, using the definition in 18 U.S.C. 2242, to a supervisor designated by the provider.

Who is affected by H.R. 5895?

Medicare-participating providers of services

These providers would have to create and maintain written policies and procedures, distribute written patient-rights information, train staff, and meet the new requirements by January 1, 2026. Because the bill amends 42 U.S.C. 1395cc, compliance becomes part of Medicare participation rules.

Hospital and clinical staff selected as chaperones

Staff members designated by the provider as appropriate would need education and training on 3 required topics and may be assigned to attend sensitive procedures as witnesses and safety supports.

Supervisors designated by providers

These supervisors would become the internal reporting point for allegations of sexual abuse reported by chaperones under the bill’s mandatory reporting chain.

Adult patients receiving care through Medicare providers

Patients would be directly affected in consent conversations and procedure logistics, especially for sensitive procedures involving the genitalia, breasts, perianal region, rectum, or any procedure the individual considers sensitive.

H.R. 5895 Common Questions

When do the new Medicare informed consent and chaperone rules start?

Starting January 1, 2026, Medicare-participating providers must comply with the new informed consent and chaperone standards under HR5895 Section 2(1)(C).

Does HR5895 require Medicare providers to give adult patients written notice of their rights?

Yes. Under the Protect Patients from Healthcare Abuse Act (Section 2(2)), providers must maintain written policies to give adult patients, or permitted surrogates, written information about key care rights.

What rights must Medicare patients be told about under HR5895?

Under the Protect Patients from Healthcare Abuse Act (Section 2(2)), adult patients must be told their rights to know their health status, join care planning, give informed consent, and request a chaperone for a sensitive procedure.

Can a Medicare patient request a chaperone during a genital or breast exam under HR5895?

Yes. Under the Protect Patients from Healthcare Abuse Act (Section 2(2) and Section 2(2)(l)(4)(C)(i)), adult patients may request a chaperone during sensitive procedures, including exams involving the genitalia or breasts.

What counts as a sensitive procedure under the Protect Patients from Healthcare Abuse Act?

According to HR5895 Section 2(2)(l)(4)(C), sensitive procedures include exams, surgeries, or other procedures involving the genitalia, breasts, perianal region, or rectum, plus any procedure the patient considers sensitive.

Can a patient decide that another medical exam is sensitive even if it's not on the list?

Yes. Under the Protect Patients from Healthcare Abuse Act (Section 2(2)(l)(4)(C)(ii)), any exam, surgery, or procedure the individual considers sensitive is treated as a sensitive procedure.

What does informed consent mean under HR5895?

Under the Protect Patients from Healthcare Abuse Act (Section 2(2)(l)(4)(B)), informed consent means the individual understands the risks, benefits, and alternatives of the item or service.

Who can receive the written patient rights notice if the adult patient cannot?

According to HR5895 Section 2(2), the written notice may go to the patient's surrogate when permitted by State law.

What is a chaperone required to do during a sensitive procedure under HR5895?

Under the Protect Patients from Healthcare Abuse Act (Section 2(2)(l)(4)(A)(ii)), a trained staff chaperone must witness the procedure, help maintain a safe and comfortable environment, and report sexual abuse to a designated supervisor.

Does HR5895 require staff training on chaperones and informed consent?

Yes. Under the Protect Patients from Healthcare Abuse Act (Section 2(2)(l)(3)), providers must train appropriate staff on chaperone duties, what counts as a sensitive procedure, and patient rights regarding informed consent.

Based on H.R. 5895 bill text

HR5895 Legislative Journey

1 actions

House: Committee Action

Oct 31, 2025

Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, 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.

About the Sponsor

Lori Trahan

Lori Trahan

Democrat, Massachusetts's 3rd congressional district · 7 years in Congress

Committees: Energy and Commerce

View full profile →

Cosponsors (2)

No new cosponsors in 167 days — momentum stalled

All 2 cosponsors are Democrats. Cosponsors represent 2 states: Massachusetts, Michigan.

2Democrats·2 states

Committee Sponsors

Energy and Commerce Committee

24D30R
|1 signed53 not yet

1 of 54 committee members cosponsored

Ways and Means Committee

19D26R
|0 signed45 not yet

0 of 45 committee members cosponsored

No committee members have cosponsored this bill

42 Democrats across these committees haven't cosponsored yet. Mobilize their constituents

Constituent Resources

Get notified when this bill moves

Official Sources

H.R. 5895 on Congress.gov

Official bill page with text, actions, sponsors, and status for the Protect Patients from Healthcare Abuse Act.

42 U.S.C. 1395cc on GovInfo

This is the Social Security Act provision on Medicare provider agreements that HR5895 would amend to add informed consent and chaperone requirements.

CMS Medicare Conditions of Participation

CMS oversees Medicare health and safety standards and provider compliance, making this central to how new participation requirements would likely be administered.

CMS Conditions for Coverage and Conditions of Participation

Official CMS page on federal provider participation standards that helps explain the regulatory framework HR5895 would modify.

18 U.S.C. 2242 on GovInfo

The bill expressly references the Title 18 sexual abuse definition that chaperones would be required to report to a designated supervisor.

Social Security Act on SSA.gov

Official Social Security Administration compilation of the Social Security Act, useful for locating Title XVIII and the statutory Medicare framework affected by the bill.

H.R. 5895 Bill Text

PDF

To amend title XVIII of the Social Security Act to establish certain standards and requirements with respect to obtaining informed consent and providing chaperones for providers of services participating in the Medicare program.

Source: U.S. Government Publishing Office

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