KIDS Act

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:

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.

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).