,i  #aaith ,,congress  #ast ,session    
,h4 ,r4 #ehie  ,,in ,,the ,,house ,,of  
,,representatives  ,october #ca1        
#bjbe,mrs4 ,trahan 7for herself1 ,mr4   
,mc,govern1 and ,mrs4 ,dingell7         
introduced the following bill2 which was
 referred to the ,committee on ,ways and
 ,means1 and in addition to the         
,committee on ,energy and ,commerce1 for
 a period to be subsequently determined 
by the ,speaker1 in each case for       
consideration of such provisions as fall
 within the jurisdiction of the         
committee concerned  ,a ,,bill  ,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 
program4  #a4 ,short title ,this ,act   
may be cited as the ,protect ,patients  
from ,healthcare ,abuse ,act4  #b4      
,establishing standards and requirements
 with respect to obtaining informed     

consent and providing chaperones as a   
,medicare condition of participation    
,section #ahff of the ,social ,security 
,act 7#db ,u4,s4,c4 #acie;cc7 is        
amended--  7#a7 in subsection 7a77#a7-- 
7,a7 in subparagraph 7,x71 by striking  
and at the end2  7,b7 in subparagraph   
7,y71 by striking the period at the end 
and inserting 1 and2 and  7,c7 by       
inserting after subparagraph 7,y7 the   
following new subparagraph3  7,z7       
beginning ,january #a1 #bjbf1 in the    
case of a provider of services1 to      
comply with the informed consent and    
chaperone requirements described in     
subsection 7l74  2 and  7#b7 by adding  
at the end the following new subsection3
  7l7 ,informed consent and chaperone   
requirements  7#a7 ,in general ,for     
purposes of subsection 7a77#a77,z71 the 
informed consent and chaperone          
requirements are1 with respect to a     
provider of services-- 7,a7 the written 
notification requirement described in   
paragraph 7#b72 and  7,b7 the chaperone 

training and education requirement      
described in paragraph 7#c74  7#b7      
,written notification requirement ,for  
purposes of paragraph 7#a71 the         
requirement described in this paragraph 
is1 with respect to a provider of       
services1 that the provider maintains   
written policies and procedures with    
respect to all adult individuals        
receiving medical care by or through    
such provider to provide written        
information to each such individual     
concerning the right of such individual 
or a surrogate of such individual 7to   
the extent permitted under ,state law7  
to make informed decisions with respect 
to the care of such individual1         
including--  7,a7 the right to be       
informed of the individual's health     
status2  7,b7 the right to be involved  
in planning for the individual's care2  
7,c7 the right to provide informed      
consent with respect to an item or      
service before such item or service is  
furnished to such individual2 and  7,d7 

the right to request the presence of a  
chaperone during a sensitive procedure4 
7#c7 ,chaperone training and education  
requirement ,for purposes of paragraph  
7#a71 the requirement described in this 
paragraph is1 with respect to a provider
 of services1 that the provider provides
 for the education and training of      
appropriate staff 7as determined by the 
provider7 with respect to the rights of 
individuals receiving medical care by or
 through such provider described in     
paragraph 7#b74 ,such training and      
education shall include-- 7,a7 training 
in how to perform the functions of a    
chaperone during a sensitive procedure2 
7,b7 education with respect to what     
constitutes a sensitive procedure2 and  
7,c7 education with respect to an       
individual's right to provide informed  
consent to items and services being     
furnished to such individual1 as        
described in paragraph 7#b77;,c74  7#d7 
,definitions ,in this subsection1 the   
following definitions apply3 7,a7       

,chaperone ,the term chaperone means1   
with respect to medical care furnished  
to an individual by or through a        
provider of services1 an appropriate    
staff member 7as determined by the      
provider7--  7i7 who is trained and     
educated in accordance with paragraph   
7#c72 and  7ii7 who is present during a 
sensitive procedure furnished in        
connection with such care in order to-- 
7,i7 act as a witness to the procedure2 
7,,ii7 provide a comfortable1 safe      
environment consistent with the         
generally accepted standard of care for 
such procedure2 and  7,,iii7 report     
sexual abuse 7as defined in section     
#bbdb of title #ah1 ,united ,states     
,code7 to an appropriate supervisor 7as 
designated by the provider74  7,b7      
,informed consent ,the term informed    
consent means1 with respect to an item  
or service furnished to an individual by
 or through a provider of services1 that
 the individual understands the risks1  
benefits1 and alternatives of such item 

or service4  7,c7 ,sensitive procedure  
,the term sensitive procedure means1    
with respect to medical care furnished  
to an individual by or through a        
provider of services1 any of the        
following procedures furnished in       
connection with such care3 7i7 ,any     
physical examination1 surgery1 or other 
procedure involving the individual's    
genitalia1 breasts1 perianal region1 or 
rectum4  7ii7 ,any other physical       
examination1 surgery1 or other procedure
 that the individual considers to be    
sensitive4  4