H.R. 5895 — Protect Patients from Healthcare Abuse Act

This section establishes, effective January 1, 2026, a new Medicare condition of participation for providers of services (i.e., participating hospitals, skilled nursing facilities, home health agencies, and other institutional providers) requiring compliance with informed consent and chaperone policies and procedures. Those requirements mandate that providers (1) maintain written policies providing adult patients (or surrogates, as permitted by state law) with information on patient rights, including to health status disclosure, care planning involvement, informed consent prior to services, and requesting a chaperone for sensitive procedures; and (2) train appropriate staff on chaperone duties (i.e., witnessing procedures, ensuring a safe environment, and reporting sexual abuse as defined under 18 U.S.C. 2242), identifying sensitive procedures (i.e., those involving genitalia, breasts, perianal region, or rectum, or any patient-considered sensitive procedure), and obtaining informed consent (i.e., patient understanding of risks, benefits, and alternatives).