WeVote
Log In

Bill

Bill

SF 5043

Statute of limitations elimination for causes of action on gender-affirming care for minor children

2025-2026 Regular Session Introduced by Steve Green

Removes the time limit for suing over gender-affirming care provided to minors, while preserving a four-year limit for other medical malpractice claims.

Referred to Judiciary and Public Safety
#healthandhealthdepartment #transgender
0
WeVote Research Nonpartisan
Bill Summary · SF 5043

Summary of SF 5043 (2025-2026) – Minnesota

Title

Statute of limitations elimination for causes of action on gender-affirming care for minor children

Purpose and intent

SF 5043 amends Minnesota Statutes to remove the statute of limitations for civil actions alleging gender-affirming care provided to minor children. The bill aims to ensure that patients (or former patients) can pursue claims related to gender-affirming medical interventions for minors without a time limit, effectively allowing lawsuits to be filed even many years after the alleged harm or medical actions occurred.

Key provisions

  • Section 541.076 (Health Care Provider Actions)
    • Subdivision 1 (Statute of limitations for malpractice claims):
    • Establishes a four-year statute of limitations for actions by a patient or former patient against a health care provider for malpractice, error, mistake, or failure to cure, arising from medical services. This applies to actions based on contract or tort.
    • Allows a counterclaim to be pleaded as a defense to an action for services, even if the counterclaim is barred by the statute, provided the counterclaim belonged to the party at the time it became barred and was not barred when the original claim originated. No judgment on the counterclaim may be rendered in favor of the counterclaimant except for costs.
    • Subdivision 2 (Exception; gender-affirming care; minor child):
    • Creates an exception to the general four-year limitations period.
    • Provides that a cause of action involving gender-affirming care for a minor child is not subject to the statute of limitations described in Subdivision 1(b).
    • Defines "gender-affirming care" to include any medical or surgical intervention intended to affirm an individual's perceived gender identity when it differs from the individual's biological sex as determined at birth. Examples include hormone therapy, puberty blockers, and gender reassignment surgery.

What is affected

  • Patients and former patients alleging medical malpractice, errors, mistakes, or failures to cure by health care providers (physicians, surgeons, dentists, occupational therapists, other defined health care professionals, hospitals, or treatment facilities) in Minnesota.
  • Specifically protects claims related to gender-affirming care provided to minor children from being time-barred by the standard four-year limitations period.
  • Could impact health care providers by altering the timeline in which they may face civil actions related to gender-affirming care for minors.

Procedural and timeline aspects

  • Baseline limitations: For general health care malpractice claims, actions must be commenced within four years from the date the cause of action accrued (Subdivision 1).
  • Explicit exception: Any cause of action involving gender-affirming care for a minor is not subject to the standard four-year limitations period (Subdivision 2).
  • Effective date: The bill text indicates introduction and referral in April 2026; the specific effective date is not stated in the excerpt provided. Typically, Minnesota bills may include an operative date, which would be defined in the enacted statute or through standard legislative transition provisions.

Practical impact and considerations

  • Access to justice: The bill broadens the timeframe for suing over gender-affirming care for minors, potentially increasing longevity of exposure for claims and enabling plaintiffs who discovered harm long after care was provided to pursue claims.
  • Legal landscape for minors: By removing the statute of limitations for these specific cases, the bill shifts risk expectations for health care providers involved in gender-affirming care for minors.
  • Policy considerations: The bill draws a distinction between general medical malpractice claims (with a 4-year limit) and gender-affirming care for minors (no time limit), which may raise questions about consistency in medical liability standards and public policy goals.

Sponsorship

  • Primary sponsor: SF 5043 (no specific primary sponsor listed in excerpt)
  • Co-sponsor: Steve Green

Summary in plain language

SF 5043 would remove the time limit for suing over gender-affirming medical treatment given to minors, while retaining a four-year limit for other medical malpractice claims. It defines gender-affirming care to include treatments like hormone therapy, puberty blockers, and gender reassignment surgery intended to align a young person’s body with their gender identity. The bill would apply to medical providers including doctors, dentists, hospitals, and treatment facilities in Minnesota. Affected individuals could file complaints at any time, rather than being constrained by a clock starting at the date of treatment or injury.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.