I 

112TH CONGRESS 

1ST SESSION H. R. 1724 

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. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 4, 2011 

Mr. ROTHMAN of New Jersey introduced the following bill; which was referred 

to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, 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 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Compassionate Assist5 ance for Rape Emergencies Act of 2011’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds as follows: 


jbell on DSKDVH8Z91PROD with BILLS
2 

•HR 1724 IH

1 (1) One out of every 6 American women will be2 come a victim of rape or sexual assault in their life3 time. It is estimated that 17,700,000 American 

4 women today are survivors of these violent crimes. 

5 (2) The Federal Bureau of Investigation re6 ports that 88,427 women were raped in 2009. This 

7 statistic is derived from records of crimes reported 

8 to law enforcement and does not include reports of 

9 other actions falling under the broader term of ‘‘sex10 ual assault’’. 

11 (3) The 2009 violent crime report issued by the 

12 Bureau of Justice Statistics indicates that only 

13 about half, 55.4 percent, of rapes and sexual as14 saults perpetrated against women and girls in the 

15 United States were reported to law enforcement. For 

16 this reason, the total number of these violent crimes 

17 committed in a given year is likely to be much high18 er. 

19 (4) According to a 2003 analysis of data col20 lected by the National Violence Against Women Sur21 vey, the risk of pregnancy resulting from rape is es22 timated to be 7.98 percent for victims who were not 

23 protected by some form of contraception at the time 

24 of the attack. 


jbell on DSKDVH8Z91PROD with BILLS
3 

•HR 1724 IH

1 (5) According to the Centers for Disease Con2 trol and Prevention, approximately 32,000 preg3 nancies result from rape every year. 

4 (6) Timely access to emergency contraception 

5 could help many of these rape survivors avoid the 

6 additional trauma of facing an unintended preg7 nancy. 

8 (7) In light of the safety and effectiveness of 

9 emergency contraception pills, both the American 

10 Medical Association and the American College of 

11 Obstetricians and Gynecologists have endorsed more 

12 widespread availability of such pills to women of all 

13 ages. 

14 (8) The American College of Emergency Physi15 cians and the American College of Obstetricians and 

16 Gynecologists agree that offering emergency contra17 ception to female patients after a sexual assault 

18 should be considered the standard of care. 

19 (9) The Food and Drug Administration has de20 clared emergency contraception to be safe and effec21 tive in preventing unintended pregnancy if taken in 

22 the first 72 hours after sex, and that certain contra23 ceptives remain safe and effective in preventing un24 intended pregnancy for up to 120 hours after sex. 


jbell on DSKDVH8Z91PROD with BILLS
4 

•HR 1724 IH

1 (10) Approximately one-third of women of re2 productive age remain unaware of emergency contra3 ception. Therefore, women who have been sexually 

4 assaulted are unlikely to ask for emergency contra5 ception. 

6 (11) It is essential that all hospitals that pro7 vide emergency medical care provide emergency con8 traception as a treatment option to any woman who 

9 has been raped, so that she may have the option of 

10 preventing an unintended pregnancy. 

11 (12) In 2004, the Bureau of Justice Statistics 

12 reported that legal reforms and the growth in serv13 ices available to rape victims have been influential in 

14 increasing the likelihood that women will report a 

15 rape to police, resulting in more perpetrators being 

16 identified and brought to justice. 

17 (13) Polls show that nearly 80 percent of Amer18 ican women want their hospitals, whether or not reli19 giously affiliated, to offer emergency contraception 

20 to rape survivors. 

21 SEC. 3. SURVIVORS OF SEXUAL ASSAULT; PROVISION BY 

22 HOSPITALS OF EMERGENCY CONTRACEP23 TIVES WITHOUT CHARGE. 

24 (a) IN GENERAL.—Federal funds may not be pro25 vided to a hospital under title XVIII of the Social Security 


jbell on DSKDVH8Z91PROD with BILLS
5 

•HR 1724 IH

1 Act or to a State, with respect to services of a hospital, 

2 under title XIX of such Act, unless the hospital meets the 

3 conditions specified in subsection (b) in the case of— 

4 (1) any woman who presents at the hospital 

5 and states that she is a victim of sexual assault, or 

6 is accompanied by someone who states she is a vic7 tim of sexual assault; and 

8 (2) any woman who presents at the hospital 

9 whom hospital personnel have reason to believe is a 

10 victim of sexual assault. 

11 (b) ASSISTANCE FOR VICTIMS.—The conditions spec12 ified in this subsection regarding a hospital and a woman 

13 described in subsection (a) are as follows: 

14 (1) The hospital promptly provides the woman 

15 with medically and factually accurate and unbiased 

16 written and oral information about emergency con17 traception, including information explaining that— 

18 (A) emergency contraception has been ap19 proved by the Food and Drug Administration 

20 as an over-the-counter medication for women 

21 ages 17 and over and is a safe and effective 

22 way to prevent pregnancy after unprotected 

23 intercourse or contraceptive failure if taken in 

24 a timely manner; 


jbell on DSKDVH8Z91PROD with BILLS
6 

•HR 1724 IH

1 (B) emergency contraception is more effec2 tive the sooner it is taken; and 

3 (C) emergency contraception does not 

4 cause an abortion and cannot interrupt an es5 tablished pregnancy. 

6 (2) The hospital promptly offers emergency 

7 contraception to the woman, and promptly provides 

8 such contraception to her at the hospital on her re9 quest. 

10 (3) The information provided pursuant to para11 graph (1) is in clear and concise language, is readily 

12 comprehensible, and meets such conditions regarding 

13 the provision of the information in languages other 

14 than English as the Secretary may establish. 

15 (4) The services described in paragraphs (1) 

16 through (3) are not denied because of the inability 

17 of the woman or her family to pay for the services. 

18 (c) DEFINITIONS.—For purposes of this section: 

19 (1) The term ‘‘emergency contraception’’ means 

20 a drug, drug regimen, or device that— 

21 (A) is approved by the Food and Drug Ad22 ministration to prevent pregnancy; and 

23 (B) is used postcoitally. 

24 (2) The term ‘‘hospital’’ has the meaning given 

25 such term in section 1861(e) of the Social Security 


jbell on DSKDVH8Z91PROD with BILLS
7 

•HR 1724 IH

1 Act (42 U.S.C. 1395x(e)), and includes a critical ac2 cess hospital, as defined in section 1861(mm)(1) of 

3 such Act (42 U.S.C. 1395x(mm)(1)). 

4 (3) The term ‘‘Secretary’’ means the Secretary 

5 of Health and Human Services. 

6 (4) The term ‘‘sexual assault’’ means coitus in 

7 which the woman involved does not consent or lacks 

8 the legal capacity to consent. 

9 (d) EFFECTIVE DATE; AGENCY CRITERIA.—This sec10 tion takes effect upon the expiration of the 180-day period 

11 beginning on the date of the enactment of this Act. Not 

12 later than 30 days prior to the expiration of such period, 

13 the Secretary shall publish in the Federal Register criteria 

14 for carrying out this section. 

Æ 


jbell on DSKDVH8Z91PROD with BILLS