To amend the Public Health Service Act to ensure appropriate care by certain 340B covered entities for victims of sexual assault, and for other purposes.

I 116TH CONGRESS 1ST SESSION H. R. 461 To amend the Public Health Service Act to ensure appropriate care by certain 340B covered entities for victims of sexual assault, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 10, 2019 Mr. GRIFFITH (for himself, Mr. WALDEN, and Mr. CARTER of Georgia) intro- duced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to ensure appro- priate care by certain 340B covered entities for victims of sexual assault, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. REQUIREMENTS FOR CERTAIN 340B COVERED 3 ENTITIES RELATING TO HOSPITAL CARE FOR 4 VICTIMS OF SEXUAL ASSAULT. 5 (a) IN GENERAL.—Section 340B(a) of the Public 6 Health Service Act (42 U.S.C. 256b(a)) is amended— 7 (1) in paragraph (4)(L)— 8 VerDate Sep 11 2014 00:01 Jan 25, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H461.IH H461 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 461 IH (A) in clause (ii), by striking ‘‘and’’ at the 1 end; 2 (B) in clause (iii), by striking the period at 3 the end and adding ‘‘; and’’; and 4 (C) by adding at the end the following new 5 clause: 6 ‘‘(iv) in the case of such a hospital 7 that has an emergency department and, as 8 of the date that is 12 months after the 9 date of enactment of this clause, has not 10 been designated as a SAFE-ready facility 11 under paragraph (11)(B)— 12 ‘‘(I) takes such actions as nec- 13 essary to become so designated not 14 later than the date that is 24 months 15 after such date of enactment; and 16 ‘‘(II) during the period beginning 17 on the date that is 12 months after 18 such date of enactment and ending on 19 the date that such hospital becomes so 20 designated, has adopted and enforces 21 a policy, with respect to visits to the 22 emergency department of such hos- 23 pital during such period, to ensure 24 compliance with the requirements of 25 VerDate Sep 11 2014 00:01 Jan 25, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H461.IH H461 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 461 IH paragraph (11) and meets the require- 1 ments of such paragraph.’’; and 2 (2) by adding at the end the following new 3 paragraph: 4 ‘‘(11) REQUIREMENTS OF CERTAIN COVERED 5 ENTITIES RELATING TO EXAMINATION AND TREAT- 6 MENT FOR VICTIMS OF SEXUAL ASSAULT.— 7 ‘‘(A) IN GENERAL.—In the case of a cov- 8 ered entity described in paragraph (4)(L) that 9 has an emergency department and, as of the 10 date that is 12 months after the date of enact- 11 ment of this paragraph, has not been des- 12 ignated as a SAFE-ready facility under sub- 13 paragraph (B), for purposes of clause (iv)(II) of 14 such paragraph, the requirements of this para- 15 graph, with respect to visits to the emergency 16 department of such entity during the period de- 17 scribed in such clause (iv)(II), are the following: 18 ‘‘(i) TREATMENT.—If any individual 19 comes to the emergency department of 20 such entity for treatment relating to sexual 21 assault, the entity shall— 22 ‘‘(I) inform the individual that 23 the entity is not a SAFE-ready facil- 24 ity; 25 VerDate Sep 11 2014 00:01 Jan 25, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H461.IH H461 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 461 IH ‘‘(II) provide the name and loca- 1 tion of the closest SAFE-ready facility 2 to the entity; 3 ‘‘(III) inform the individual that 4 the individual may elect— 5 ‘‘(aa) to receive treatment at 6 the entity; or 7 ‘‘(bb) to be stabilized and 8 transferred to the facility de- 9 scribed in subclause (II); and 10 ‘‘(IV) in the case that the indi- 11 vidual elects to be transferred under 12 subclause (III)(bb)— 13 ‘‘(aa) obtain the individual’s 14 written consent for the transfer; 15 ‘‘(bb) contact the facility de- 16 scribed in subclause (II) to con- 17 firm that a sexual assault foren- 18 sic examiner is available at the 19 facility; and 20 ‘‘(cc) stabilize and transfer 21 the individual, at no cost, to such 22 facility using official transpor- 23 tation of the entity. 24 VerDate Sep 11 2014 00:01 Jan 25, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H461.IH H461 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 461 IH ‘‘(ii) PLANS REGARDING STAFF 1 TRAINING AND TRANSFERS TO SAFE- 2 READY FACILITIES.—Not later than the 3 date that is 12 months after the date of 4 enactment of this paragraph, the entity 5 shall develop and implement— 6 ‘‘(I) a plan to train relevant per- 7 sonnel on sexual assault forensic evi- 8 dence collection; and 9 ‘‘(II) a plan for transferring indi- 10 viduals to SAFE-ready facilities, in 11 accordance with the requirements of 12 clause (i)(IV). 13 ‘‘(B) SAFE-READY DESIGNATION.— 14 ‘‘(i) IN GENERAL.—The Secretary 15 shall designate a covered entity described 16 in paragraph (4)(L) as a SAFE-ready fa- 17 cility if the entity employs or contracts 18 with sexual assault forensic examiners such 19 that a sexual assault forensic examiner is 20 available or on call 24 hours per day, every 21 day of the year. 22 ‘‘(ii) PUBLICATION OF DATA.—The 23 Secretary shall publish on the public 24 website of the Department of Health and 25 VerDate Sep 11 2014 00:01 Jan 25, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H461.IH H461 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 461 IH Human Services a list of each covered enti- 1 ty designated as a SAFE-ready facility 2 under this subparagraph, including the ad- 3 dress of such entity. The Secretary shall 4 update such list annually. 5 ‘‘(C) DEFINITION.—In this paragraph, the 6 term ‘sexual assault forensic examiner’ 7 means— 8 ‘‘(i) a trained sexual assault nurse ex- 9 aminer; or 10 ‘‘(ii) a physician with specialized 11 training on conducting a medical-forensic 12 examination.’’. 13 (b) CONFORMING AMENDMENT.—Section 14 340B(a)(4)(M) of the Public Health Service Act (42 15 U.S.C. 256b(a)(4)(M)) is amended by striking ‘‘meet the 16 requirements of subparagraph (L), including the dis- 17 proportionate share adjustment percentage requirement 18 under clause (ii) of such subparagraph,’’ and inserting 19 ‘‘meet the requirements of clauses (i) through (iii) of sub- 20 paragraph (L)’’. 21 Æ VerDate Sep 11 2014 00:01 Jan 25, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H461.IH H461 pamtmann on DSKBFK8HB2PROD with BILLS