HF4755

Purpose

This bill would change how long someone has to sue a health care provider for malpractice when the case involves gender-affirming care given to a minor. It removes the four-year time limit for these specific claims, while keeping the general time limit for most other health care malpractice cases.

Main provisions

• Amends Minnesota law (Minnesota Statutes 2024 section 541.076) about health care provider actions.
• Keeps a four-year statute of limitations for most health care malpractice claims (the time to sue starts when the action accrues).
• Adds an exception for gender-affirming care provided to a minor child: these claims are not subject to the four-year limit.
• Defines gender-affirming care as any medical or surgical intervention, including but not limited to hormone therapy, puberty blockers, or gender reassignment surgery, that is intended to affirm an individual's perceived gender identity when it differs from the individual's biological sex as determined at birth.
• Specifies who counts as a health care provider for purposes of these actions (physician, surgeon, dentist, occupational therapist, other health care professionals as defined elsewhere, hospital, or treatment facility).
• Includes a provision about possible counterclaims related to health care services, allowing certain counterclaims to be brought even after the usual time limits, with some limits on judgments.

Key definitions

• Health care provider: includes doctors, surgeons, dentists, occupational therapists, other defined health care professionals, hospitals, and treatment facilities.
• Gender-affirming care: medical or surgical interventions such as hormone therapy, puberty blockers, or gender reassignment surgery intended to align a person’s body with their perceived gender identity, when that identity differs from birth sex.
• Minor child: a person who is under the age of majority for whom gender-affirming care is provided.

Changes to existing law

• Replaces the current four-year deadline for health care malpractice actions with an explicit exception for gender-affirming care provided to minors, effectively removing any time limit for those specific claims.
• Retains the existing framework for most other health care malpractice actions, which must be filed within four years from when the claim accrues.
• Maintains related procedural provisions about counterclaims in health care cases.

Implications and considerations

• Potentially extends or eliminates the time limit for lawsuits involving gender-affirming care for minors, increasing the window for bringing such claims.
• Could impact how medical providers document and defend gender-affirming care given to minors, as lawsuits could be filed long after care is provided.
• The bill defines key terms to guide what counts as gender-affirming care and who is a health care provider.

Relevant considerations for readers might include how this interacts with patient records, consent, and the long-term legal exposure for practices offering gender-affirming care to minors.

Relevant Terms - statute of limitations - health care provider - malpractice - error - mistake - failure to cure - contract or tort - gender-affirming care - minor child - four years - accrual - hormone therapy - puberty blockers - gender reassignment surgery - perceived gender identity - biological sex as determined at birth - Minnesota Statutes 2024 section 541.076 - counterclaim - civil actions