1.This Act may be cited as
the Consolidation of Grants to
Strengthen the Healthcare System's Response to Domestic Violence, Dating
Violence, Sexual Assault, and Stalking Act
.
2.Strengthening
the healthcare system’s response to domestic violence, dating violence, sexual
assault, and stalking
(a)Section 399P of the Public Health Service Act (42 U.S.C.
280g–4) is amended to read as follows:
399A.Grants to
strengthen the healthcare system’s response to domestic violence, dating
violence, sexual assault, and stalking
(a)The Secretary, acting through the Office of Women’s
Health, shall award grants for—
(1)the development
or enhancement, and implementation of interdisciplinary training for health
professionals, public health staff, and allied health professionals;
(2)the development
or enhancement, and implementation of education programs for medical, nursing,
dental, and other health professions students and residents to prevent and
respond to domestic violence, dating violence, sexual assault, and stalking;
and
(3)the development
or enhancement, and implementation of comprehensive Statewide strategies to
improve the response of clinics, public health facilities, hospitals, and other
health settings (including behavioral and mental health programs) to domestic
violence, dating violence, sexual assault, and stalking.
(b)
(1)Amounts provided under a grant under subsection (a) shall be
used to—
(A)fund
interdisciplinary training and education programs under paragraphs (1) and (2)
of subsection (a) that—
(i)are designed to
train medical, psychology, dental, social work, nursing, and other health
professions students, interns, residents, fellows, or current health care
providers to identify and provide health care services (including mental or
behavioral health care services and referrals to appropriate community
services) to individuals who are or who have been victims of domestic violence,
dating violence, sexual assault, or stalking; and
(ii)plan and develop
culturally competent clinical training components for integration into approved
internship, residency, and fellowship training or continuing medical or other
health education training that address physical, mental, and behavioral health
issues, including protective factors, related to domestic violence, dating
violence, sexual assault, stalking, and other forms of violence and abuse,
focus on reducing health disparities and preventing violence and abuse, and
include the primacy of victim safety and confidentiality; and
(B)design and
implement comprehensive strategies to improve the response of the health care
system to domestic or sexual violence in clinical and public health settings,
hospitals, clinics, and other health settings (including behavioral and mental
health), under subsection (a)(3) through—
(i)implementation,
dissemination, and evaluation of policies and procedures to guide health
professionals and public health staff in identifying and responding to domestic
violence, dating violence, sexual assault, stalking, including strategies to
ensure that health information is maintained in a manner that protects the
patient’s privacy and safety, and safely uses health information technology to
improve documentation, identification, assessment, treatment, and follow-up
care;
(ii)development of
on-site access to services to address the safety, medical, and mental health
needs of patients by increasing the capacity of existing health care
professionals and public health staff to address domestic violence, dating
violence, sexual assault, and stalking, or by contracting with or hiring
domestic or sexual assault advocates to provide such services or to model other
services appropriate to the geographic and cultural needs of a site;
(iii)development of
measures and methods for the identification of risk and protective factors and
evaluation of identification, intervention, and documentation regarding victims
of domestic violence, dating violence, sexual assault, sexual coercion, and
stalking, including the development and testing of quality improvement
measurements; and
(iv)provision of
training and follow-up technical assistance to health care professionals, and
public health staff, and allied health professionals to identify, assess,
treat, and refer clients who are victims of domestic violence, dating violence,
sexual assault, sexual coercion, or stalking, including using tools and
training materials already developed.
(2)
(A)To the extent consistent with the purpose of this section,
a grantee under this section may address, as part of a comprehensive
programmatic approach implemented under a grant under this section, issues
relating to child or elder abuse.
(B)With respect to—
(i)grants awarded
under paragraphs (1) and (2) of subsection (a), grant funds may be used
to—
(I)offer to rural
areas community-based training opportunities, which may include the use of
distance learning networks and other available technologies needed to reach
isolated rural areas, for medical, nursing, and other health professions
students and residents on domestic violence, dating violence, sexual assault,
stalking, and, as appropriate, other forms of violence and abuse; or
(II)provide stipends
to students who are underrepresented in the health professions as necessary to
promote and enable their participation in clerkships, internships, or other
offsite training experiences that are designed to develop health care clinical
skills related to domestic violence, dating violence, sexual assault, stalking;
and
(ii)grants awarded
under subsection (a)(1), grant funds may be used for—
(I)development of
training modules and policies that document and address the overlap of child
abuse, domestic violence, dating violence, sexual assault, sexual coercion, and
stalking and elder abuse, as well as childhood exposure to domestic and sexual
violence;
(II)development,
expansion, and implementation of sexual assault forensic medical examination or
sexual assault nurse examiner programs;
(III)inclusion of
the health effects of lifetime exposure to violence and abuse as well as
related protective factors and behavioral risk factors in health professional
training schools including medical, dental, nursing, social work, and mental
and behavioral health curricula, and allied health service training courses;
or
(IV)integration of
knowledge of domestic violence, dating violence, sexual assault, sexual
coercion, and stalking into health care accreditation and professional
licensing examinations, such as medical, dental, social work, and nursing
boards, and where appropriate, other allied health exams.
(c)Requirements
for grantees
(1)Confidentiality
and safety
(A)Grantees under this section shall ensure that all
programs developed with grant funds address issues of confidentiality and
patient safety and comply with applicable confidentiality and nondisclosure
requirements under section 40002(b)(2) of the Violence Against Women Act of
1994 (42 U.S.C. 13925(b)(2)) and the Family Violence Prevention and Services
Act (42 U.S.C. 10401 et seq.), and that faculty and staff associated with
delivering educational components are fully trained in procedures that will
protect the immediate and ongoing security and confidentiality of the patients,
patient records, and staff. Such grantees shall consult entities with
demonstrated expertise in the confidentiality and safety needs of victims of
domestic violence, dating violence, sexual assault, and stalking on the
development and adequacy of confidentially and security procedures, and provide
documentation of such consultation.
(B)Advance notice
of information disclosureGrantees under this section shall
provide to patients advance notice about any circumstances under which
information may be disclosed, such as mandatory reporting laws, and shall give
patients the option to receive information and referrals without affirmatively
disclosing abuse.
(2)
(A)In
selecting grant recipients under this section, the Secretary shall give
preference to applicants based on the strength of their evaluation strategies,
with outcome based evaluations, broadly defined and prioritized.
(B)Grants under
subsection (a) (1) or
(2)An entity desiring a grant
under paragraph (1) or (2) of subsection (a) shall submit an application to the
Secretary at such time, in such a manner, and containing such information and
assurances as the Secretary may require, including—
(i)documentation
that the applicant represents a team of entities, including someone with
evaluation or research expertise, working collaboratively to strengthen the
response of the health care system to domestic violence, dating violence,
sexual assault, or stalking, and which includes at least one of each of—
(I)an accredited
school of allopathic or osteopathic medicine, psychology, nursing, dental,
social work, or other health field; or a health care facility or system;
and
(II)a government or
nonprofit entity with a history of effective work in the fields of domestic
violence, dating violence, sexual assault, or stalking; and
(ii)strategies for
the dissemination and sharing of curricula and other educational materials
developed under the grant, if any, with other interested health professions
schools and national resource repositories for materials on domestic violence,
dating violence, sexual assault, and stalking;
(C)Grants under
subsection (a)(3)An entity
desiring a grant under subsection (a)(3) shall submit an application to the
Secretary at such time, in such a manner, and containing such information and
assurances as the Secretary may require, including—
(i)documentation
that all training, education, screening, assessment, services, treatment, and
any other approach to patient care will be informed by an understanding and
dynamics of violence and abuse victimization and trauma-specific approaches and
these approaches will be integrated into research, prevention, intervention,
and treatment activities;
(ii)strategies for
the development and implementation of policies to prevent and address domestic
violence, dating violence, sexual assault, and stalking over the lifespan in
health care settings;
(iii)a plan for
consulting with State and tribal domestic violence or sexual assault
coalitions, national nonprofit victim advocacy organizations, State or tribal
law enforcement task forces (where appropriate), and culturally specific
organizations with demonstrated expertise in domestic violence, dating
violence, sexual assault, or stalking; and
(iv)with respect to
an application for a grant—
(I)under which the
grantee will have contact with patients, a plan, developed in collaboration
with local victim service providers, to respond appropriately to and make
correct referrals for individuals who disclose that they are victims of
domestic violence, dating violence, sexual assault, stalking, or other types of
violence (such grantees shall provide documentation of an ongoing collaborative
relationship with a local victim service provider); or
(II)proposing to
fund a program described in subsection (b)(2)(B)(ii)(II), a certification that
any sexual assault forensic medical examination and sexual assault nurse
examiner programs supported with such grant funds will adhere to the guidelines
set forth in the Attorney General’s National Protocol for Sexual Assault
Medical Forensic Examinations (Adults/Adolescents).
(d)
(1)Grants under
subsection (a) (1) or
(2)To be eligible to receive
funding under paragraph (1) or (2) of subsection (a), an entity shall
be—
(A)a nonprofit
organization with a history of effective work in the field of training health
professionals with an understanding of, and clinical skills pertinent to,
domestic violence, dating violence, sexual assault, or stalking, and lifetime
exposure to violence and abuse;
(B)an accredited
school of allopathic or osteopathic medicine, psychology, nursing, dental,
social work, or allied health;
(C)a health care
provider membership or professional organization, or a health care system;
or
(D)a State, tribal,
territorial, or local entity.
(2)Grants under
subsection (a)(3)To be eligible
to receive funding under subsection (a)(3), an entity shall be—
(A)a State
department (or other division) of health, a State, tribal, or territorial
domestic violence or sexual assault coalition or victim services program, or
any other nonprofit, nongovernmental organization with a history of effective
work in the fields of domestic violence, dating violence, sexual assault, or
stalking, and health care, including physical or mental health care; or
(B)a local victim
service provider, a local department (or other division) of health, a local
health clinic, hospital, or health system, or any other community-based
organization with a history of effective work in the field of domestic
violence, dating violence, sexual assault, or stalking and health care,
including physical or mental health care.
(e)
(1)Of the funds made available to carry out this section for
any fiscal year, the Secretary may make a grant or enter into a contract to
provide technical assistance with respect to the planning, development, and
operation of any program, activity, or service carried out pursuant to this
section. Not to exceed 8 percent of the funds appropriated under this section
for a fiscal year may be used to fund technical assistance, unless the
Secretary has previously set aside amounts greater than 8 percent for technical
assistance and training relating to grant programs authorized under this
section.
(2)Availability of
materialsThe Secretary shall make publicly available materials
developed by grantees under this section, including materials on training, best
practices, and research and evaluation.
(3)The
Secretary shall publish a biennial report on—
(A)the distribution
of funds under this section; and
(B)the programs and
activities supported by such funds.
(f)
(1)Of the funds made available to carry out this section for
any fiscal year, the Secretary may use not to exceed 20 percent to make a grant
or enter into a contract for research and evaluation of—
(A)grants awarded
under this section; and
(B)other training
for health professionals and effective interventions in the health care setting
that prevent domestic violence, dating violence, and sexual assault across the
lifespan, prevent the health effects of such violence, and improve the safety
and health of individuals who are currently being victimized.
(2)Research
authorized in paragraph (1) may include—
(A)research on the
effects of domestic violence, dating violence, sexual assault, and childhood
exposure to domestic, dating or sexual violence on health behaviors, health
conditions, and health status of individuals, families, and populations;
(B)research to
determine effective health care interventions to respond to and prevent
domestic violence, dating violence, sexual assault, and sexual coercion;
(C)research on the
impact of domestic, dating and sexual violence, childhood exposure to such
violence, and stalking on the health care system, health care utilization,
health care costs, and health status; and
(D)research on the
impact of adverse childhood experiences on adult experience with domestic
violence, dating violence, sexual assault, stalking and adult health outcomes,
including how to reduce or prevent the impact of adverse childhood experiences
through the health care setting.
(g)Authorization
of appropriationsThere is authorized to be appropriated to carry
out this section $10,000,000 for each of fiscal years 2012 through 2016.
(h)Except
as otherwise provided, the definitions in section 40002 of the Violence Against
Women Act of 1994 (42 U.S.C. 13925) shall apply to this
section.
.
(b)The
following provisions are repealed:
(1)Section 758 of
the Public Health Service Act (42 U.S.C. 294h).
(2)Section 40297 of
the Violence Against Women Act of 1994 (42 U.S.C. 13973).