GENDER-AFFIRMING HEALTH CARE

104th Regular Session Introduced by Mike Simmons-Gessesse

Hospitals and health care professionals would be barred from disclosing or threatening to disclose a minor’s gender-affirming care information, except as allowed by law, reinforcin

Senate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments

Overview

SB3481, introduced in the Illinois 104th General Assembly by Sen. Mike Simmons (with co-sponsor Sen. Simmons-Gessesse), proposes a new provision under the Hospital Licensing Act. The bill prohibits hospitals and health care professionals from disclosing or threatening to disclose information related to a minor’s gender-affirming care or personally identifiable information about a minor receiving such care, except when disclosure is strictly compliant with all applicable local, state, and federal laws, including HIPAA and its Privacy Rule.

Objective and intent

To restrict the disclosure of information about a minor’s gender-affirming care to any other person, entity, or agency unless allowed by law.

To protect the privacy and confidentiality of minors receiving gender-affirming care by embedding compliance with federal privacy protections (notably HIPAA and its implementing regulations) into the Hospital Licensing Act.

Key provisions and changes

Adds a new provision: Sec. 6.14i Prohibited disclosure of gender-affirming care information.

Prohibits:

A hospital from disclosing information regarding a minor’s gender-affirming care.
A health care professional from disclosing or threatening to disclose such information.

Permits disclosure only when done in strict accordance with all applicable local, state, and federal law.

Specifies HIPAA and its implementing regulations as part of the governing framework (including the Privacy Rule, 45 CFR Parts 160, 162, and 164, and 45 CFR 164.512(e) and 164.512(f)).

Does not create a private right of action or specify enforcement mechanisms within the bill text (based on the provided language).

Who is affected

Hospitals and health care professionals in Illinois that provide care to minors.

Individuals or entities that might otherwise seek access to or disclosure of a minor’s gender-affirming care information.

Covered entities and business associates subject to HIPAA, given reference to HIPAA compliance.

Procedural and timeline aspects

Introduced on February 5, 2026.

The bill has undergone committee work, with amendments filed (Senate Committee Amendment No. 1) and multiple procedural steps:

Referred to Assignments, then to Executive, with subsequent calendar deadlines.
Notable activity includes a Rule 2-10 deadline and a Rule 3-9(a) re-refer/reassignment trail, indicating ongoing committee consideration.

Status as of the latest action: Amendment filed and referred to assignments/executive, with continued discussion likely (no final passage information provided in the excerpt).

Practical impact considerations

The bill strengthens patient privacy protections for minors receiving gender-affirming care by formalizing prohibitions on disclosure outside compliant channels.

It relies on existing HIPAA requirements to define permissible disclosures, potentially narrowing or clarifying what information can be shared and with whom.

Implementing entities would need to review disclosure policies, staff training, and procedures to ensure all disclosures comply with both HIPAA and the new statutory constraint.

Enforcement details (penalties, remedies, or oversight) are not specified in the provided text, which could influence practical impact and compliance expectations.

If you’d like, I can compare SB3481 to existing HIPAA provisions or to related Illinois privacy or health-care confidentiality statutes to highlight alignment or gaps.