Bill Overview
Title: Protecting 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: Sen. Cotton, Tom [R-AR]
Target Audience
Population: Minors worldwide considering or undergoing gender-transition procedures
Estimated Size: 147000
- The bill primarily affects minors who undergo gender-transition procedures, potentially impacting their access to such procedures and the liability of medical practitioners.
- Medical practitioners who perform gender-transition procedures will be impacted due to increased liability.
- States that mandate gender-transition procedures for minors may be affected by changes in federal funding eligibility.
- Individuals and healthcare providers advocating for or against gender-transition procedures for minors may be directly affected due to legal and financial repercussions.
Reasoning
- The policy specifically targets minors who are considering or undergoing gender-transition procedures, representing a relatively small and specific population.
- Medical practitioners have to consider long-term liabilities, potentially affecting their willingness to perform such procedures even if it's deemed necessary.
- Advocates for trans youth rights may see this as a limiting factor on healthcare options, while opponents may view it as a protective measure against premature decision-making.
- The financial resources allocated might not cover all implications, but serve to set up regulatory and monitoring mechanisms.
Simulated Interviews
Student (California)
Age: 17 | Gender: male
Wellbeing Before Policy: 6
Duration of Impact: 30.0 years
Commonness: 2/20
Statement of Opinion:
- I see this policy as a potential obstacle to accessing the healthcare I need.
- It places a huge burden on doctors, which might make them hesitant to provide treatment.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 5 | 6 |
| Year 2 | 5 | 7 |
| Year 3 | 4 | 7 |
| Year 5 | 5 | 8 |
| Year 10 | 6 | 9 |
| Year 20 | 7 | 9 |
Pediatrician (Texas)
Age: 35 | Gender: female
Wellbeing Before Policy: 7
Duration of Impact: 20.0 years
Commonness: 3/20
Statement of Opinion:
- This policy introduces significant legal risks to my practice.
- It may discourage healthcare providers from offering necessary treatments.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 7 |
| Year 2 | 6 | 7 |
| Year 3 | 5 | 7 |
| Year 5 | 5 | 8 |
| Year 10 | 6 | 8 |
| Year 20 | 7 | 8 |
Health Policy Analyst (New York)
Age: 45 | Gender: male
Wellbeing Before Policy: 8
Duration of Impact: 10.0 years
Commonness: 4/20
Statement of Opinion:
- This policy could roll back progress in providing comprehensive care to trans minors.
- Federal funding restrictions could impact healthcare services at a broader level.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 7 | 8 |
| Year 2 | 7 | 8 |
| Year 3 | 6 | 8 |
| Year 5 | 6 | 8 |
| Year 10 | 7 | 8 |
| Year 20 | 8 | 8 |
Transgender Rights Activist (Florida)
Age: 28 | Gender: other
Wellbeing Before Policy: 5
Duration of Impact: 15.0 years
Commonness: 3/20
Statement of Opinion:
- I believe this policy is harmful as it limits rights and access for transgender minors.
- It unfairly targets a vulnerable community needing support.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 4 | 5 |
| Year 2 | 4 | 6 |
| Year 3 | 5 | 7 |
| Year 5 | 5 | 7 |
| Year 10 | 6 | 7 |
| Year 20 | 7 | 8 |
Student (Illinois)
Age: 16 | Gender: female
Wellbeing Before Policy: 6
Duration of Impact: 30.0 years
Commonness: 2/20
Statement of Opinion:
- I'm worried this act will limit my healthcare options.
- It could make it harder to find supportive doctors.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 4 | 6 |
| Year 2 | 4 | 6 |
| Year 3 | 5 | 7 |
| Year 5 | 6 | 8 |
| Year 10 | 6 | 8 |
| Year 20 | 8 | 9 |
Legal Advisor (Ohio)
Age: 52 | Gender: female
Wellbeing Before Policy: 7
Duration of Impact: 10.0 years
Commonness: 4/20
Statement of Opinion:
- The legal framework this policy creates could complicate compliance strategies for healthcare providers.
- It will require adjustments in liability protocols.
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 | 7 | 7 |
| Year 10 | 7 | 8 |
| Year 20 | 8 | 8 |
State Health Official (North Carolina)
Age: 40 | Gender: male
Wellbeing Before Policy: 8
Duration of Impact: 10.0 years
Commonness: 6/20
Statement of Opinion:
- The potential loss of federal funding is a major concern for our state's health programs.
- Balancing policy adherence with healthcare needs will be challenging.
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 | 6 | 8 |
| Year 10 | 7 | 9 |
| Year 20 | 7 | 9 |
College Student (Massachusetts)
Age: 22 | Gender: female
Wellbeing Before Policy: 6
Duration of Impact: 15.0 years
Commonness: 5/20
Statement of Opinion:
- I feel this act is discriminatory and could lead to more stigma against transgender folks.
- The medical community should focus on support, not restrictions.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 5 | 6 |
| Year 2 | 5 | 7 |
| Year 3 | 6 | 7 |
| Year 5 | 6 | 7 |
| Year 10 | 7 | 8 |
| Year 20 | 8 | 9 |
Conservative Political Commentator (Minnesota)
Age: 58 | Gender: male
Wellbeing Before Policy: 8
Duration of Impact: 5.0 years
Commonness: 6/20
Statement of Opinion:
- I support this policy as a protective measure for minors making irreversible decisions.
- Healthcare providers need accountability.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 8 | 8 |
| Year 2 | 8 | 8 |
| Year 3 | 8 | 8 |
| Year 5 | 8 | 8 |
| Year 10 | 9 | 9 |
| Year 20 | 9 | 9 |
Parent (Colorado)
Age: 34 | Gender: female
Wellbeing Before Policy: 6
Duration of Impact: 10.0 years
Commonness: 5/20
Statement of Opinion:
- I'm worried this policy could limit my child's healthcare options and our ability to support their needs.
- Healthcare decisions should be made between patient and doctor, not via legislation.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 5 | 6 |
| Year 2 | 5 | 7 |
| Year 3 | 4 | 7 |
| Year 5 | 5 | 8 |
| Year 10 | 6 | 9 |
| Year 20 | 7 | 9 |
Cost Estimates
Year 1: $10000000 (Low: $8000000, High: $12000000)
Year 2: $10500000 (Low: $8500000, High: $12500000)
Year 3: $11025000 (Low: $8925000, High: $13125000)
Year 5: $12155000 (Low: $9837500, High: $14420000)
Year 10: $14884990 (Low: $12053350, High: $17716650)
Year 100: $50500000 (Low: $40350000, High: $60600000)
Key Considerations
- Medical malpractice policies and premiums will be influenced significantly by increased liability.
- Healthcare providers may face ethical and procedural challenges that could affect care standards.
- The financial responsibilities on states could indirectly affect state budgets and related healthcare funding.