Medicare now requires chaperones and informed consent for sensitive exams
H.R. 5895 — Protect Patients from Healthcare Abuse Act · Filed by Lori Trahan (D-MA) · 2 cosponsors · Introduced Oct 31, 2025 · Referred to committee
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What it does
This bill requires Medicare-participating healthcare providers to establish written policies ensuring patients receive informed consent before medical procedures and have the right to request a chaperone during sensitive exams (those involving genitals, breasts, or other areas the patient considers sensitive). Providers must also train staff on chaperone duties, informed consent rights, and how to report sexual abuse. The requirements take effect January 1, 2026.
Why we flagged it
The bill's core mechanism is establishing Medicare conditions of participation that require informed consent documentation and chaperone availability during sensitive procedures. It is fundamentally a patient-protection and transparency measure, not a market intervention or industry carve-out.
What the text implies
- Providers may face operational costs for staff training, chaperone scheduling, and documentation systems; smaller practices may experience disproportionate burden relative to large health systems.
- The definition of 'sensitive procedure' includes any procedure the patient considers sensitive, creating potential ambiguity and requiring providers to develop subjective judgment protocols.
The full analysis lists 4 implications of this text.
Who stands to gain
healthcare compliance software vendors; staff training and education providers; healthcare legal and consulting firms