To provide for the provision by hospitals receiving Federal funds through the Medicare Program or Medicaid Program of emergency contraceptives to women who are survivors of sexual assault.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Compassionate Assistance for Rape 
Emergencies Act of 2007''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) It is estimated that 25,000 to 32,000 women become 
        pregnant each year as a result of rape or incest. Timely access 
        to emergency contraception could help many of these rape 
        survivors avoid the additional trauma of facing an unintended 
        pregnancy.
            (2) A 1996 study of rape-related pregnancies (published in 
        the American Journal of Obstetrics and Gynecology) found that 
        50 percent of the pregnancies described in paragraph (1) ended 
        in abortion.
            (3) Surveys have shown that many hospitals do not routinely 
        provide emergency contraception to women seeking treatment 
        after being sexually assaulted.
            (4) The risk of pregnancy after sexual assault has been 
        estimated to be 4.7 percent in survivors who were not protected 
        by some form of contraception at the time of the attack.
            (5) The Food and Drug Administration has declared emergency 
        contraception to be safe and effective in preventing unintended 
        pregnancy if taken in the first 72 hours of sex.
            (6) Medical research strongly indicates that the sooner 
        emergency contraception is administered, the greater the 
        likelihood of preventing unintended pregnancy.
            (7) In light of the safety and effectiveness of emergency 
        contraceptive pills, both the American Medical Association and 
        the American College of Obstetricians and Gynecologists have 
        endorsed more widespread availability of such pills to women of 
        all ages.
            (8) The American College of Emergency Physicians and the 
        American College of Obstetricians and Gynecologists agree that 
        offering emergency contraception to female patients after a 
        sexual assault should be considered the standard of care.
            (9) Approximately one-third of women of reproductive age 
        remain unaware of emergency contraception. Therefore, women who 
        have been sexually assaulted are unlikely to ask for emergency 
        contraception.
            (10) It is essential that all hospitals that provide 
        emergency medical treatment provide emergency contraception as 
        a treatment option to any woman who has been sexually 
        assaulted, so that she may prevent an unintended pregnancy.

SEC. 3. SURVIVORS OF SEXUAL ASSAULT; PROVISION BY HOSPITALS OF 
              EMERGENCY CONTRACEPTIVES WITHOUT CHARGE.

    (a) In General.--Federal funds may not be provided to a hospital 
under title XVIII of the Social Security Act or to a State, with 
respect to services of a hospital, under title XIX of such Act, unless 
the hospital meets the conditions specified in subsection (b) in the 
case of--
            (1) any woman who presents at the hospital and states that 
        she is a victim of sexual assault, or is accompanied by someone 
        who states she is a victim of sexual assault; and
            (2) any woman who presents at the hospital whom hospital 
        personnel have reason to believe is a victim of sexual assault.
    (b) Assistance for Victims.--The conditions specified in this 
subsection regarding a hospital and a woman described in subsection (a) 
are as follows:
            (1) The hospital promptly provides the woman with medically 
        and factually accurate and unbiased written and oral 
        information about emergency contraception, including 
        information explaining that--
                    (A) emergency contraception has been approved by 
                the Food and Drug Administration as an over-the-counter 
                medication for women ages 18 and over and is a safe and 
                effective way to prevent pregnancy after unprotected 
                intercourse or contraceptive failure if taken in a 
                timely manner;
                    (B) emergency contraception is more effective the 
                sooner it is taken; and
                    (C) emergency contraception does not cause an 
                abortion and cannot interrupt an established pregnancy.
            (2) The hospital promptly offers emergency contraception to 
        the woman, and promptly provides such contraception to her at 
        the hospital on her request.
            (3) The information provided pursuant to paragraph (1) is 
        in clear and concise language, is readily comprehensible, and 
        meets such conditions regarding the provision of the 
        information in languages other than English as the Secretary 
        may establish.
            (4) The services described in paragraphs (1) through (3) 
        are not denied because of the inability of the woman or her 
        family to pay for the services.
    (c) Definitions.--For purposes of this section:
            (1) The term ``emergency contraception'' means a drug, drug 
        regimen, or device that is--
                    (A) approved by the Food and Drug Administration to 
                prevent pregnancy; and
                    (B) is used postcoitally.
            (2) The term ``hospital'' has the meaning given such term 
        in section 1861(e) of the Social Security Act (42 U.S.C. 
        1395x(e)), and includes critical access hospitals, as defined 
        in section 1861(mm)(1) of such Act (42 U.S.C. 1395x(mm)(1)).
            (3) The term ``Secretary'' means the Secretary of Health 
        and Human Services.
            (4) The term ``sexual assault'' means coitus in which the 
        woman involved does not consent or lacks the legal capacity to 
        consent.
    (d) Effective Date; Agency Criteria.--This section takes effect 
upon the expiration of the 180-day period beginning on the date of the 
enactment of this Act. Not later than 30 days prior to the expiration 
of such period, the Secretary shall publish in the Federal Register 
criteria for carrying out this section.

Summary: Compassionate Assistance for Rape Emergencies Act of 2007 - Prohibits any federal funds from being provided to a hospital under title XVIII (Medicare) of the Social Security Act or to a state, with respect to hospital services, under title XIX (Medicaid) of such Act, unless the hospital meets certain conditions related to a woman who is a victim of sexual assault, including that the hospital: (1) provides the woman with accurate and unbiased information about emergency contraception, (2) offers emergency contraception to the woman. (3) provides the woman such contraception at the hospital on her request. And (4) does not deny any such services because of the inability of the woman or her family to pay.