[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3415 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 3415

 To amend title XVIII of the Social Security Act to ensure appropriate 
      care for victims of sexual assault, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 26, 2017

Mr. Poe of Texas (for himself and Mrs. Carolyn B. Maloney of New York) 
 introduced the following bill; which was referred to the Committee on 
    Ways and Means, and in addition to the Committee on Energy and 
Commerce, 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 amend title XVIII of the Social Security Act to ensure appropriate 
      care for victims of sexual assault, and for other purposes.

    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 ``Megan Rondini Act''.

SEC. 2. 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:

``SEC. 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,''.
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