SB 1664

PROHIBITION ON INSURANCE-DRIVEN QUESTIONS This bill prohibits a health insurance issuer, managed care organization, or any entity providing reimbursement for healthcare services from requiring a healthcare provider or facility to ask the prohibited questions, as described below, as a condition o f payment, credentialing, quality scoring, compliance, or participation. An insurer must not deny or reduce payment, impose penalties, or otherwise disadvantage a provider for failing to ask such questions. A violation of these provisions constitutes an u nfair or deceptive act or practice affecting trade or commerce and is subject to the penalties and remedies provided in the Tennessee Consumer Protection Act of 1977, which includes, but is not limited to, restraining orders, injunctions, private rights o f action, and damage, in addition to any other penalties and remedies. PROHIBITED CONDUCT BY HEALTHCARE PROVIDERS This bill generally prohibits a healthcare provider from asking a minor a verbal or written question on any of the following:  Whether the minor feels normal in the minor's body.  Whether the minor believes the minor is the correct gender.  Whether the minor identifies as a gender different from the minor's sex.  An inquiry intended to elicit statements about gender identity, gender confusion, or gender dysphoria. As used in the provisions under this heading, a "minor"" does not include a person who (i) is emancipated, needs emergency treatment pursuant to present law relative to emergency medical care of minors, (iii) is or was previously a member of the armed for ces of the United States or a member of a reserve or national guard unit, or (iv) is the parent of a minor child and has full custody of that minor child. However, this bill authorizes a healthcare provider to ask a question listed above if (i) the parent is physically present and fully informed and gives written consent to a question listed above and (ii) such question is directly related to the diagnosis or treatment of a specific medical or psychological condition currently being evaluated. A healthcare provider must not include gender identity questions on written intake forms, electronic tablets, or questionnaires directed to a minor unless the requi re ments of this bill are satisfied. This bill provides that a parent has full access to all written forms, questionnaires, or electronic assessments presented to the parent's minor child in a healthcare setting. As used in this provision, a ""parent"" means a biological, legal, or adoptive parent or an individual who has been granted medical decision-making authority over the child under state law. This bill prohibits a healthcare provider from conducting private interviews with a minor about gender identity, sexual orientation, or any other gender-related topic unless the healthcare provider, using reasonable medical judgment, based upon the facts known to the healthcare provider at the time, performs a screening of a minor who the healthcare provider reasonably believes is a trafficked person or a victim of brutality, abuse, or neglect in order to determine whether the healthcare provider must ma ke a report pursuant to present law. This bill provides that a violation of the provisions under this heading by a healthcare provider constitutes unprofessional conduct subject to discipline by the relevant licensing board. However, such provisions do not (i) limit mandated reporting oblig ations for child abuse or neglect pursuant to present law, (ii) restrict emergency medical care of minors, or (iii) prevent a minor from voluntarily reporting concerns of abuse, exploitation, or danger to the minor's self or others. ON MARCH 16, 2026, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1665, AS AMENDED. AMENDMENT #1 makes the following changes: (1) Prohibits a healthcare provider from knowingly or willfully asking a minor a verbal or written question, or a health insurance issuer, managed care organization, or entity providing reimbursement for healthcare services from requir ing or request ing a healthcare provider or facility to ask any of the following questions for any purpose, including as a condition of payment, credentialing, quality scoring, compliance, or participation:  W hether a minor feels normal in the minor's body .  W hether a minor believes the minor is the correct gender .  W hether a minor identifies as a gender different from the minor's sex .  A n inquiry intended to elicit statements from a minor about gender confusion or gender dysphoria. (2) Prohibits a health insurance issuer, managed care organization, or entity providing reimbursement for healthcare services from deny ing or reduc ing payment, impos ing penalties, or otherwise disadvantag ing a provider for failing to ask such questions . (3) Prohibits a healthcare provider from also includ ing questions relating to gender confusion or gender dysphoria on written intake forms, electronic tablets, or questionnaires directed to a minor unless the following requirements are satisfied :  The parent is fully informed and gives written consent to a question listed above.  Such question is directly related to the diagnosis or treatment of a specific medical or psychological condition currently being evaluated. (4) Excludes t h ese prohibition s from applying to a psychologist, psychiatrist, licensed professional counselor, marriage and family therapist, licensed clinical pastoral therapist, or licensed clinical social worker, and to wards questions regarding a female's menstrual period . (5) Provides i f a minor volunteers information related to a question listed above, then a healthcare provider may ask the minor one or more questions listed above. (6) Provides i f a healthcare provider, using reasonable medical judgment, based upon the facts known to the healthcare provider at the time, reasonably believes a minor is a trafficked person or a victim of brutality, abuse, or neglect, and the healthcare provider need s to perform a screening of the minor in order to determine whether the healthcare provider must make a report, then the healthcare provider may privately ask a minor one or more questions listed above . However, t his provision does not apply to a minor who is receiving medical treatment without parental consent pursuant to a law of this state. (7) Requires a parent to have full access to all written forms, questionnaires, or electronic assessments presented to the parent's minor child in a healthcare setting. (8) Adds a severability clause to the bill. (9) Changes t he effective date of the bill from July 1, 2026, to October 1, 2026 ."