Megan Rondini Act
This bill amends title XVIII (Medicare) of the Social Security Act to require the Department of Health and Human Services to designate a hospital as a "SAFE-ready facility" if the hospital: (1) employs or contracts with a sexual-assault forensic examiner, or (2) uses a telemedicine system of such examiners. Subject to civil penalties, and as a condition of participation in the Medicare program, a hospital that has an emergency department but is not designated as a SAFE-ready facility must meet certain requirements. Specifically, with respect to an individual who comes to the hospital's emergency department for treatment relating to sexual assault, the hospital must (regardless of whether the individual is eligible for Medicare):
In addition, a hospital with an emergency department must develop and implement a plan to train relevant personnel on sexual-assault forensic-evidence collection.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3415 Introduced in House (IH)]
<DOC>
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,''.
<all>
Introduced in House
Introduced in House
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.
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.
Referred to the Subcommittee on Health.
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