Overview
Title
To prohibit the performance of gender-related medical treatment on minors, to amend title XVIII of the Social Security Act to prohibit payment and participation under the Medicare program with respect to such treatment, and for other purposes.
ELI5 AI
The bill wants to stop doctors from giving kids special medicines and surgeries to change their gender, and it says the government won't pay for these treatments. It makes rules for when these treatments might be okay and could change which doctors can get government money if they do these kinds of treatments for kids.
Summary AI
H. R. 9874 aims to prevent gender-related medical treatments for minors in the United States by making it illegal to perform such procedures and excluding these treatments from Medicare coverage. It defines gender-related medical treatments to include surgeries and hormone therapies that alter gender characteristics. The bill also prohibits the use of federal funds for these treatments and bars healthcare providers who perform them on minors from participating in the Medicare program. Exceptions are made for treatments needed to address certain medical conditions or disorders of sex development.
Published
Keywords AI
Sources
Bill Statistics
Size
Language
Complexity
AnalysisAI
Overview of the Bill
The proposed bill, titled the "Childhood Genital Mutilation Prevention Act," aims to make it illegal to perform gender-related medical treatments on minors, with specific exceptions for certain medical conditions. It also proposes amendments to the Social Security Act to prohibit Medicare from covering these treatments. Furthermore, the bill seeks to prevent any federal funding from being used for gender-related medical treatments for individuals under 18.
Significant Issues
One of the primary concerns with the bill is its potential to infringe on the rights of minors by restricting their access to gender-related medical treatments. The legislation specifies exceptions only for narrowly defined medical conditions, which may not cover all the necessary treatments that benefit minors experiencing gender dysphoria or other related conditions.
The language used within the bill may also contribute to social stigma. Describing gender-related medical treatments as addressing "perceptions" might imply that these needs are not legitimate medical concerns, thereby adding to discrimination against LGBTQ+ individuals.
Furthermore, the complexity and specificity of the bill's language, particularly with its medical definitions and legal jargon, may pose challenges for interpretation by healthcare providers and the general public. This complexity could lead to misunderstandings or misapplications of the law.
Broad Impact on the Public
The bill could have widespread implications for healthcare access, particularly affecting the transgender and non-binary youth who seek medical treatments as part of their gender transition. By making it illegal for minors to receive these treatments, unless they have specific medical conditions, the bill may restrict individual autonomy and create barriers to receiving appropriate and supportive healthcare. It may also contribute to societal discrimination against transgender youths by framing gender-related treatments in a negative light.
The bill's amendments preventing the participation and payment of such treatments under the Medicare program could also generate considerable debate around the role of federal funding in supporting diverse healthcare needs.
Impact on Specific Stakeholders
Healthcare providers who perform gender-related medical treatments may face significant changes. The bill's prohibition on such treatments for minors could lead to financial losses for providers who offer these services, as well as legal risks if they inadvertently perform a treatment falling outside the bill's defined exceptions.
For LGBTQ+ minors, particularly those who are transgender or non-binary, the restrictions proposed in the bill could limit access to necessary healthcare services, further marginalizing these groups within society. This aspect of the bill is likely to generate public discussion about the evolving understanding of gender identity and rights.
The bill might also have repercussions on federal budgets and healthcare expenditures by eliminating certain healthcare services from federal funding. However, this financial impact is only one aspect of broader ethical and social concerns regarding healthcare access and rights.
Overall, the proposed legislation illustrates the ongoing debate concerning healthcare, human rights, and societal norms, particularly concerning minors and gender identity.
Issues
The bill could potentially infringe on the rights of minors by making gender-related medical treatments illegal, except in narrowly defined exceptional cases. This raises significant ethical and legal concerns about autonomy and access to necessary healthcare. (Sections 2, 116A)
The bill's language may unintentionally stigmatize individuals seeking gender-related medical treatments by describing them as 'perceptions' rather than legitimate medical or psychological needs, contributing to societal discrimination against LGBTQ+ individuals, particularly minors. (Sections 2, 116A)
The complex and technical language used in defining 'gender-related medical treatment' and its exceptions, as well as references to various sections of U.S. Code, could lead to misunderstandings or challenges in interpreting the bill's legal and practical implications. (Sections 2, 3, 116A)
The prohibition on Federal funding and Medicare participation for gender-related treatments may have financial implications for healthcare providers, potentially resulting in lost income and services, and may disproportionately impact the availability of healthcare for LGBTQ+ minors. (Sections 3, 4)
The bill's definitions of 'male' and 'female' are rigid and do not account for intersex or non-binary identities, potentially exacerbating exclusion and lack of recognition for these populations. This could lead to legal challenges and public disagreement regarding the bill's alignment with contemporary understandings of gender and sex diversity. (Section 116A)
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The section establishes that the official title of the Act is the "Childhood Genital Mutilation Prevention Act."
2. Prohibiting gender-related medical treatment for minors Read Opens in new tab
Summary AI
The bill proposes a new section to U.S. law that would make it illegal to perform gender-related medical treatments on minors, imposing fines or up to 10 years of imprisonment for violations, with exceptions for treatment of specific medical conditions and protections for minors seeking such treatments. It clearly defines terms like "gender-related medical treatment," "male," "female," and "minor," and outlines the conditions under which legal exceptions are applicable.
116A. Gender-related medical treatment furnished to minors. Read Opens in new tab
Summary AI
This section outlines penalties for anyone who knowingly performs or attempts gender-related medical treatments on minors, with specific circumstances described that could lead to fines or imprisonment. It defines exceptions for cases involving certain medical conditions and clarifies that the term "gender-related medical treatment" includes various surgical procedures, hormone treatments, and puberty blockers, along with providing precise definitions of terms like "female," "male," "gender," "minor," and "sex."
3. Prohibiting payment and participation under Medicare with respect to gender-related medical treatment for minors Read Opens in new tab
Summary AI
The section amends the Social Security Act to prohibit Medicare coverage and provider participation in gender-related medical treatments for minors, effective 90 days after the enactment of the Childhood Genital Mutilation Prevention Act, unless the treatment is for specific purposes outlined in another section of the law.
4. Prohibition on Federal funding for gender-related medical treatment for minors Read Opens in new tab
Summary AI
The section prohibits the use of federal funds for any gender-related medical treatments or health benefits coverage for minors. This means that federal money cannot be spent on these medical services for people under 18.