Hospital care for victims of sexual assault

(a)

In general

Part E of title XVIII of the Social Security Act (42 U.S.C. 1395x et seq.) is amended by adding at the end the following new section:

1899C.

Examination and treatment for victims of sexual assault

(a)

In general

(1)

Treatment

In the case of a hospital or critical access hospital that has an emergency department and with respect to visits to such department on or after January 1, 2019, if any individual (whether or not eligible for benefits under this title) comes to the emergency department for treatment relating to sexual assault, such hospital or critical access hospital shall, if the hospital or critical access hospital is not designated under subsection (b) as a SAFE-ready facility— (A)inform the individual that the hospital is not a SAFE-ready facility; (B)provide the name and location of the closest SAFE-ready facility to the hospital; (C)inform the individual that the individual may elect— (i)to receive treatment at the hospital; or (ii)to be stabilized and transferred to the facility described in subparagraph (B); and (D)in the case that the individual elects to be transferred under subparagraph (C)(ii)— (i)obtain the individual’s written consent for the transfer; (ii)contact the facility described in subparagraph (B) to confirm that a sexual assault forensic examiner or a telemedicine system (as described in subsection (b)(1)(B)) is available at the facility; and (iii)stabilize and transfer the individual to such facility. (2)

Staff training

Not later than January 1, 2019, a hospital or critical access hospital described in paragraph (1) shall develop and implement a plan to train relevant personnel on sexual assault forensic evidence collection. (b)

SAFE-Ready designation

(1)

In general

The Secretary shall designate a hospital or critical access hospital as a SAFE-ready facility if the hospital or critical access hospital— (A)employs or contracts with a sexual assault forensic examiner; or (B)uses a telemedicine system of sexual assault forensic examiners to provide consultation to a registered professional nurse or physician when conducting a sexual assault forensic medical examination. (2)

Publication of data

The Secretary shall publish on the public website of the Department of Health and Human Services a list of each hospital or critical access hospital designated as a SAFE-ready facility under this subsection, including the address of such hospital or critical access hospital. The Secretary shall update such list annually. (c)

Penalties

A hospital or critical access hospital that recklessly, knowingly, or intentionally violates a requirement of this section is subject to a civil money penalty of not more than $50,000 (or not more than $25,000 in the case of a hospital with less than 100 beds) for each such violation. The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this subparagraph in the same manner as such provisions apply with respect to a penalty or proceeding under section 1128A(a). (d)

Definition

In this section, the term sexual assault forensic examiner means— (1)a certified sexual assault nurse examiner; or (2)a physician with specialized training on conducting a forensic medical examination.

(b)

Enforcement

Section 1866(a)(1)(I) of the Social Security Act (42 U.S.C. 1395cc(a)(1)(I)) is amended— (1)in clause (ii), by striking and at the end; (2)in clause (iii), by striking the comma at the end and inserting , and; and (3)by adding at the end the following new clause:

(iv)to adopt and enforce a policy to ensure compliance with the requirements of section 1899C and to meet the requirements of such section,