Bill Overview
Title: Protect Minors from Medical Malpractice Act of 2022
Description: This bill makes a medical practitioner who performs a gender-transition procedure on an individual who is less than 18 years of age liable for any physical, psychological, emotional, or physiological harms from the procedure for 30 years after the individual turns 18. Additionally, if a state requires medical practitioners to perform gender-transition procedures, that state shall be ineligible for federal funding from the Department of Health and Human Services. Gender-transition procedures generally include certain surgeries or hormone therapies that change the body of an individual to correspond to a sex that is discordant with the individual's biological sex. They exclude, however, interventions to treat (1) individuals who either have ambiguous external biological sex characteristics or lack a normal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action; (2) infections, injuries, diseases, or disorders caused by a gender-transition procedure; or (3) a physical disorder, injury, or illness that places an individual in imminent danger of death or impairment of a major bodily function.
Sponsors: Rep. Banks, Jim [R-IN-3]
Target Audience
Population: Minors undergoing gender-transition procedures
Estimated Size: 300000
- The bill specifically focuses on minors (individuals under the age of 18) who undergo gender-transition procedures.
- The legislation addresses medical practitioners performing these procedures, making them liable, which will impact their practice and willingness to provide these services.
- States requiring such procedures by medical practitioners will lose federal funding, which could affect state healthcare policies and funding allocations.
- Parents and guardians of minors considering or undergoing gender-transition procedures may be impacted through increased scrutiny and legal considerations.
Reasoning
- The policy primarily impacts minors considering or undergoing gender-transition procedures, their families, and medical practitioners providing these services.
- The target population estimate focuses on approximately 300,000 minors in the U.S. identifying as transgender, with specific attention to those directly affected by medical procedures.
- Given the legal ramifications, the policy might increase scrutiny in medical practices, and potentially discourage practitioners from offering these services due to liability concerns.
- States that mandate medical practitioners to provide gender-transition procedures may lose federal funding, affecting both healthcare access and potentially pressuring changes in state policies.
- The policy's impact on wellbeing will likely vary across the affected population, depending on whether individuals support or oppose the policy's intention.
Simulated Interviews
high school student (California)
Age: 16 | Gender: male
Wellbeing Before Policy: 6
Duration of Impact: 30.0 years
Commonness: 12/20
Statement of Opinion:
- I'm worried about how this new law affects the availability of doctors willing to help with my transition.
- My community mostly supports me, but this legal situation makes everything uncertain.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 5 | 6 |
| Year 2 | 5 | 6 |
| Year 3 | 5 | 7 |
| Year 5 | 4 | 7 |
| Year 10 | 4 | 8 |
| Year 20 | 4 | 8 |
high school student (Texas)
Age: 17 | Gender: female
Wellbeing Before Policy: 7
Duration of Impact: 30.0 years
Commonness: 8/20
Statement of Opinion:
- It's scary to think that doctors might not support me anymore due to fear of being sued.
- I feel like my state might push against transgender rights further because of losing federal funding.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 5 | 7 |
| Year 2 | 5 | 7 |
| Year 3 | 4 | 8 |
| Year 5 | 4 | 8 |
| Year 10 | 3 | 8 |
| Year 20 | 3 | 9 |
student (New York)
Age: 15 | Gender: female
Wellbeing Before Policy: 5
Duration of Impact: 15.0 years
Commonness: 10/20
Statement of Opinion:
- This policy adds pressure and confusion when I'm still figuring things out.
- I'm afraid it limits my options and that of my peers who might decide to transition.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 4 | 5 |
| Year 2 | 3 | 5 |
| Year 3 | 3 | 6 |
| Year 5 | 2 | 6 |
| Year 10 | 2 | 7 |
| Year 20 | 2 | 7 |
pediatrician (Florida)
Age: 45 | Gender: male
Wellbeing Before Policy: 8
Duration of Impact: 10.0 years
Commonness: 15/20
Statement of Opinion:
- This policy puts me at risk of long-term legal issues despite current protocols.
- I'm considering ceasing these services, which is disheartening.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 5 | 8 |
| Year 2 | 4 | 8 |
| Year 3 | 4 | 8 |
| Year 5 | 4 | 9 |
| Year 10 | 3 | 9 |
| Year 20 | 3 | 9 |
student (Ohio)
Age: 14 | Gender: male
Wellbeing Before Policy: 4
Duration of Impact: 5.0 years
Commonness: 18/20
Statement of Opinion:
- I'm not sure what all this means for me yet, but I want to know my options aren't limited.
- I hope this doesn't mean kids like me won't get help if they need it.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 3 | 4 |
| Year 2 | 3 | 5 |
| Year 3 | 3 | 5 |
| Year 5 | 3 | 6 |
| Year 10 | 3 | 6 |
| Year 20 | 4 | 7 |
nurse (Colorado)
Age: 50 | Gender: female
Wellbeing Before Policy: 7
Duration of Impact: 20.0 years
Commonness: 17/20
Statement of Opinion:
- The policy might drive away skilled professionals from working with transgender youth.
- As a mom, I'm worried about barriers for my kids.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 7 |
| Year 2 | 6 | 8 |
| Year 3 | 5 | 8 |
| Year 5 | 5 | 9 |
| Year 10 | 4 | 9 |
| Year 20 | 4 | 9 |
college student (Washington)
Age: 20 | Gender: other
Wellbeing Before Policy: 7
Duration of Impact: 5.0 years
Commonness: 10/20
Statement of Opinion:
- I feel this policy could prevent kids from getting supportive healthcare.
- The long-term liabilities for doctors could mean fewer practitioners willing to help.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 7 |
| Year 2 | 6 | 7 |
| Year 3 | 6 | 7 |
| Year 5 | 6 | 8 |
| Year 10 | 6 | 8 |
| Year 20 | 7 | 8 |
retired lawyer (New Hampshire)
Age: 55 | Gender: male
Wellbeing Before Policy: 8
Duration of Impact: 10.0 years
Commonness: 16/20
Statement of Opinion:
- I am concerned about potential legal hurdles for families due to this policy.
- This adds stress to families during already challenging times.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 8 |
| Year 2 | 7 | 8 |
| Year 3 | 7 | 8 |
| Year 5 | 7 | 8 |
| Year 10 | 7 | 9 |
| Year 20 | 8 | 9 |
stay-at-home parent (Alabama)
Age: 36 | Gender: female
Wellbeing Before Policy: 6
Duration of Impact: 5.0 years
Commonness: 14/20
Statement of Opinion:
- My daughter should have the ability to choose her path without undue stress from legal issues.
- The policy is more about policing family decisions than supporting us.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 5 | 6 |
| Year 2 | 4 | 6 |
| Year 3 | 4 | 7 |
| Year 5 | 4 | 7 |
| Year 10 | 4 | 8 |
| Year 20 | 5 | 8 |
therapist (Oregon)
Age: 29 | Gender: other
Wellbeing Before Policy: 8
Duration of Impact: 10.0 years
Commonness: 13/20
Statement of Opinion:
- As a therapist, the policy makes it hard to support clients fully during transition processes.
- It could potentially harm therapeutic relationships as access to healthcare changes.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 8 |
| Year 2 | 5 | 8 |
| Year 3 | 5 | 9 |
| Year 5 | 5 | 9 |
| Year 10 | 4 | 9 |
| Year 20 | 4 | 10 |
Cost Estimates
Year 1: $200000000 (Low: $100000000, High: $300000000)
Year 2: $205000000 (Low: $105000000, High: $310000000)
Year 3: $210000000 (Low: $110000000, High: $320000000)
Year 5: $220000000 (Low: $120000000, High: $330000000)
Year 10: $250000000 (Low: $150000000, High: $380000000)
Year 100: $300000000 (Low: $200000000, High: $500000000)
Key Considerations
- The impact of the bill on medical practitioners' liability insurance and practice behavior is a significant consideration.
- States losing federal funding might realign their healthcare policies, altering state-level healthcare access and quality.
- The potential legal challenges to this bill could affect its implementation and associated costs.
- Public and industry reaction could drive broader changes in healthcare policy dynamics beyond the immediate target of the bill.