HF 4755
Introduction - 94th Legislature (2025 - 2026)
Posted on 03/26/2026 02:38 p.m.
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A bill for an act
relating to civil actions; eliminating the statute of limitations for causes of action
on gender-affirming care for minor children; amending Minnesota Statutes 2024,
section 541.076.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 541.076, is amended to read:
541.076 HEALTH CARE PROVIDER ACTIONS.
new text begin Subdivision 1. new text end
new text begin Statute of limitations. new text end
(a) For purposes of this section, "health care
provider" means a physician, surgeon, dentist, occupational therapist, other health care
professionals as defined in section 145.61, hospital, or treatment facility.
(b) An action by a patient or former patient against a health care provider alleging
malpractice, error, mistake, or failure to cure, whether based on a contract or tort, must be
commenced within four years from the date the cause of action accrued.
(c) A counterclaim may be pleaded as a defense to any action for services brought by a
health care provider after the limitations described in this section, notwithstanding it is
barred by the provisions of this chapter, if the counterclaim belonged to the party pleading
it at the time it became barred and was not barred at the time the claim sued on originated,
but no judgment on the counterclaim except for costs can be rendered in favor of the party
so pleading it.
new text begin Subd. 2. new text end
new text begin Exception; gender-affirming care; minor child. new text end
new text begin
Notwithstanding subdivision
1, a cause of action involving gender-affirming care for a minor child is not subject to the
statute of limitations in subdivision 1, paragraph (b). For purposes of this subdivision,
"gender-affirming care" means any medical or surgical intervention, including but not
limited to hormone therapy, puberty blockers, or gender reassignment surgery intended to
affirm an individual's perceived gender identity when it differs from the individual's
biological sex as determined at birth.
new text end