Compassionate Assistance for Rape Emergencies Act of 2011 - Prohibits any federal funds from being provided to a hospital under title XVIII (Medicare) of the Social Security Act or to a state, with respect to hospital services, under title XIX (Medicaid) of such Act, unless the hospital meets certain conditions related to a woman who is a victim of sexual assault, including that the hospital: (1) provides the woman with accurate and unbiased information about emergency contraception, (2) offers emergency contraception to the woman, (3) provides the woman such contraception at the hospital on her request, and (4) does not deny any such services because of the inability of the woman or her family to pay.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1724 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 1724
To provide for the provision by hospitals receiving Federal funds
through the Medicare Program or Medicaid Program of emergency
contraceptives to women who are survivors of sexual assault.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 4, 2011
Mr. Rothman of New Jersey introduced the following bill; which was
referred to the Committee on Energy and Commerce, and in addition to
the Committee on Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide for the provision by hospitals receiving Federal funds
through the Medicare Program or Medicaid Program of emergency
contraceptives to women who are survivors of sexual assault.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Compassionate Assistance for Rape
Emergencies Act of 2011''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) One out of every 6 American women will become a victim
of rape or sexual assault in their lifetime. It is estimated
that 17,700,000 American women today are survivors of these
violent crimes.
(2) The Federal Bureau of Investigation reports that 88,427
women were raped in 2009. This statistic is derived from
records of crimes reported to law enforcement and does not
include reports of other actions falling under the broader term
of ``sexual assault''.
(3) The 2009 violent crime report issued by the Bureau of
Justice Statistics indicates that only about half, 55.4
percent, of rapes and sexual assaults perpetrated against women
and girls in the United States were reported to law
enforcement. For this reason, the total number of these violent
crimes committed in a given year is likely to be much higher.
(4) According to a 2003 analysis of data collected by the
National Violence Against Women Survey, the risk of pregnancy
resulting from rape is estimated to be 7.98 percent for victims
who were not protected by some form of contraception at the
time of the attack.
(5) According to the Centers for Disease Control and
Prevention, approximately 32,000 pregnancies result from rape
every year.
(6) Timely access to emergency contraception could help
many of these rape survivors avoid the additional trauma of
facing an unintended pregnancy.
(7) In light of the safety and effectiveness of emergency
contraception pills, both the American Medical Association and
the American College of Obstetricians and Gynecologists have
endorsed more widespread availability of such pills to women of
all ages.
(8) The American College of Emergency Physicians and the
American College of Obstetricians and Gynecologists agree that
offering emergency contraception to female patients after a
sexual assault should be considered the standard of care.
(9) The Food and Drug Administration has declared emergency
contraception to be safe and effective in preventing unintended
pregnancy if taken in the first 72 hours after sex, and that
certain contraceptives remain safe and effective in preventing
unintended pregnancy for up to 120 hours after sex.
(10) Approximately one-third of women of reproductive age
remain unaware of emergency contraception. Therefore, women who
have been sexually assaulted are unlikely to ask for emergency
contraception.
(11) It is essential that all hospitals that provide
emergency medical care provide emergency contraception as a
treatment option to any woman who has been raped, so that she
may have the option of preventing an unintended pregnancy.
(12) In 2004, the Bureau of Justice Statistics reported
that legal reforms and the growth in services available to rape
victims have been influential in increasing the likelihood that
women will report a rape to police, resulting in more
perpetrators being identified and brought to justice.
(13) Polls show that nearly 80 percent of American women
want their hospitals, whether or not religiously affiliated, to
offer emergency contraception to rape survivors.
SEC. 3. SURVIVORS OF SEXUAL ASSAULT; PROVISION BY HOSPITALS OF
EMERGENCY CONTRACEPTIVES WITHOUT CHARGE.
(a) In General.--Federal funds may not be provided to a hospital
under title XVIII of the Social Security Act or to a State, with
respect to services of a hospital, under title XIX of such Act, unless
the hospital meets the conditions specified in subsection (b) in the
case of--
(1) any woman who presents at the hospital and states that
she is a victim of sexual assault, or is accompanied by someone
who states she is a victim of sexual assault; and
(2) any woman who presents at the hospital whom hospital
personnel have reason to believe is a victim of sexual assault.
(b) Assistance for Victims.--The conditions specified in this
subsection regarding a hospital and a woman described in subsection (a)
are as follows:
(1) The hospital promptly provides the woman with medically
and factually accurate and unbiased written and oral
information about emergency contraception, including
information explaining that--
(A) emergency contraception has been approved by
the Food and Drug Administration as an over-the-counter
medication for women ages 17 and over and is a safe and
effective way to prevent pregnancy after unprotected
intercourse or contraceptive failure if taken in a
timely manner;
(B) emergency contraception is more effective the
sooner it is taken; and
(C) emergency contraception does not cause an
abortion and cannot interrupt an established pregnancy.
(2) The hospital promptly offers emergency contraception to
the woman, and promptly provides such contraception to her at
the hospital on her request.
(3) The information provided pursuant to paragraph (1) is
in clear and concise language, is readily comprehensible, and
meets such conditions regarding the provision of the
information in languages other than English as the Secretary
may establish.
(4) The services described in paragraphs (1) through (3)
are not denied because of the inability of the woman or her
family to pay for the services.
(c) Definitions.--For purposes of this section:
(1) The term ``emergency contraception'' means a drug, drug
regimen, or device that--
(A) is approved by the Food and Drug Administration
to prevent pregnancy; and
(B) is used postcoitally.
(2) The term ``hospital'' has the meaning given such term
in section 1861(e) of the Social Security Act (42 U.S.C.
1395x(e)), and includes a critical access hospital, as defined
in section 1861(mm)(1) of such Act (42 U.S.C. 1395x(mm)(1)).
(3) The term ``Secretary'' means the Secretary of Health
and Human Services.
(4) The term ``sexual assault'' means coitus in which the
woman involved does not consent or lacks the legal capacity to
consent.
(d) Effective Date; Agency Criteria.--This section takes effect
upon the expiration of the 180-day period beginning on the date of the
enactment of this Act. Not later than 30 days prior to the expiration
of such period, the Secretary shall publish in the Federal Register
criteria for carrying out this section.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Health.
Referred to the Subcommittee on Trade.
Referred to the Subcommittee on Health.
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