H.R.3792 - Kids Information Data Security Act; KIDS Act (119th Congress)
Summary
H.R.3792, the Kids Information Data Security Act (KIDS Act), aims to amend Title XI of the Social Security Act. The bill seeks to prohibit healthcare providers participating in Medicare and state healthcare programs from requesting information about the gender identity or sexual preference of minors on intake forms, unless deemed essential for diagnosis, treatment, or prevention of a condition. The bill also mandates the Secretary of Health and Human Services to establish a reporting mechanism for violations.
Expected Effects
The primary effect of the KIDS Act would be to limit the collection of sensitive personal information from minors by healthcare providers. This could lead to increased privacy for minors and potentially reduce the risk of discrimination based on gender identity or sexual preference. It may also impact data collection practices within healthcare settings.
Potential Benefits
- Enhanced privacy for minors regarding sensitive personal information.
- Reduced potential for discrimination based on gender identity or sexual preference in healthcare settings.
- Increased trust in healthcare providers by ensuring data collection is limited to essential information.
- Establishes a reporting mechanism for violations, promoting accountability.
- Aligns with growing concerns about data security and privacy, particularly for vulnerable populations.
Potential Disadvantages
- May hinder comprehensive data collection for research purposes related to adolescent health.
- Could create ambiguity regarding what constitutes 'essential' information, leading to potential legal challenges.
- May increase administrative burden for healthcare providers to ensure compliance.
- Potential for delayed or incomplete diagnoses if relevant information is not collected due to the prohibition.
- Some may argue it infringes on the ability of healthcare providers to gather necessary information for patient care.
Constitutional Alignment
The KIDS Act primarily concerns data privacy and healthcare practices, which are not explicitly addressed in the US Constitution. However, the bill's focus on protecting the privacy of minors could be argued to align with the general principles of individual liberty and the right to privacy, although these are typically interpreted in the context of government intrusion. The Tenth Amendment reserves powers not delegated to the federal government to the states or the people, and healthcare regulation traditionally falls under state jurisdiction, raising potential federalism concerns if the Act is seen as an overreach.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).