I 

116TH CONGRESS 

1ST SESSION H. R. 461 

To amend the Public Health Service Act to ensure appropriate care by 

certain 340B covered entities for victims of sexual assault, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 10, 2019 

Mr. GRIFFITH (for himself, Mr. WALDEN, and Mr. CARTER of Georgia) introduced the following bill; which was referred to the Committee on Energy 

and Commerce 

A BILL 

To amend the Public Health Service Act to ensure appropriate care by certain 340B covered entities for victims 

of sexual assault, and for other purposes. 

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

3 SECTION 1. REQUIREMENTS FOR CERTAIN 340B COVERED 

4 ENTITIES RELATING TO HOSPITAL CARE FOR 

5 VICTIMS OF SEXUAL ASSAULT. 

6 (a) IN GENERAL.—Section 340B(a) of the Public 

7 Health Service Act (42 U.S.C. 256b(a)) is amended— 

8 (1) in paragraph (4)(L)— 


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1 (A) in clause (ii), by striking ‘‘and’’ at the 

2 end; 

3 (B) in clause (iii), by striking the period at 

4 the end and adding ‘‘; and’’; and 

5 (C) by adding at the end the following new 

6 clause: 

7 ‘‘(iv) in the case of such a hospital 

8 that has an emergency department and, as 

9 of the date that is 12 months after the 

10 date of enactment of this clause, has not 

11 been designated as a SAFE-ready facility 

12 under paragraph (11)(B)— 

13 ‘‘(I) takes such actions as nec14 essary to become so designated not 

15 later than the date that is 24 months 

16 after such date of enactment; and 

17 ‘‘(II) during the period beginning 

18 on the date that is 12 months after 

19 such date of enactment and ending on 

20 the date that such hospital becomes so 

21 designated, has adopted and enforces 

22 a policy, with respect to visits to the 

23 emergency department of such hos24 pital during such period, to ensure 

25 compliance with the requirements of 


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1 paragraph (11) and meets the require2 ments of such paragraph.’’; and 

3 (2) by adding at the end the following new 

4 paragraph: 

5 ‘‘(11) REQUIREMENTS OF CERTAIN COVERED

6 ENTITIES RELATING TO EXAMINATION AND TREAT7 MENT FOR VICTIMS OF SEXUAL ASSAULT.— 

8 ‘‘(A) IN GENERAL.—In the case of a cov9 ered entity described in paragraph (4)(L) that 

10 has an emergency department and, as of the 

11 date that is 12 months after the date of enact12 ment of this paragraph, has not been des13 ignated as a SAFE-ready facility under sub14 paragraph (B), for purposes of clause (iv)(II) of 

15 such paragraph, the requirements of this para16 graph, with respect to visits to the emergency 

17 department of such entity during the period de18 scribed in such clause (iv)(II), are the following: 

19 ‘‘(i) TREATMENT.—If any individual 

20 comes to the emergency department of 

21 such entity for treatment relating to sexual 

22 assault, the entity shall— 

23 ‘‘(I) inform the individual that 

24 the entity is not a SAFE-ready facil25 ity; 


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1 ‘‘(II) provide the name and loca2 tion of the closest SAFE-ready facility 

3 to the entity; 

4 ‘‘(III) inform the individual that 

5 the individual may elect— 

6 ‘‘(aa) to receive treatment at 

7 the entity; or 

8 ‘‘(bb) to be stabilized and 

9 transferred to the facility de10 scribed in subclause (II); and 

11 ‘‘(IV) in the case that the indi12 vidual elects to be transferred under 

13 subclause (III)(bb)— 

14 ‘‘(aa) obtain the individual’s 

15 written consent for the transfer; 

16 ‘‘(bb) contact the facility de17 scribed in subclause (II) to con18 firm that a sexual assault foren19 sic examiner is available at the 

20 facility; and 

21 ‘‘(cc) stabilize and transfer 

22 the individual, at no cost, to such 

23 facility using official transpor24 tation of the entity. 


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1 ‘‘(ii) PLANS REGARDING STAFF

2 TRAINING AND TRANSFERS TO SAFE3 READY FACILITIES.—Not later than the 

4 date that is 12 months after the date of 

5 enactment of this paragraph, the entity 

6 shall develop and implement— 

7 ‘‘(I) a plan to train relevant per8 sonnel on sexual assault forensic evi9 dence collection; and 

10 ‘‘(II) a plan for transferring indi11 viduals to SAFE-ready facilities, in 

12 accordance with the requirements of 

13 clause (i)(IV). 

14 ‘‘(B) SAFE-READY DESIGNATION.— 

15 ‘‘(i) IN GENERAL.—The Secretary 

16 shall designate a covered entity described 

17 in paragraph (4)(L) as a SAFE-ready fa18 cility if the entity employs or contracts 

19 with sexual assault forensic examiners such 

20 that a sexual assault forensic examiner is 

21 available or on call 24 hours per day, every 

22 day of the year. 

23 ‘‘(ii) PUBLICATION OF DATA.—The 

24 Secretary shall publish on the public 

25 website of the Department of Health and 


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1 Human Services a list of each covered enti2 ty designated as a SAFE-ready facility 

3 under this subparagraph, including the ad4 dress of such entity. The Secretary shall 

5 update such list annually. 

6 ‘‘(C) DEFINITION.—In this paragraph, the 

7 term ‘sexual assault forensic examiner’ 

8 means— 

9 ‘‘(i) a trained sexual assault nurse ex10 aminer; or 

11 ‘‘(ii) a physician with specialized 

12 training on conducting a medical-forensic 

13 examination.’’. 

14 (b) CONFORMING AMENDMENT.—Section 

15 340B(a)(4)(M) of the Public Health Service Act (42 

16 U.S.C. 256b(a)(4)(M)) is amended by striking ‘‘meet the 

17 requirements of subparagraph (L), including the dis18 proportionate share adjustment percentage requirement 

19 under clause (ii) of such subparagraph,’’ and inserting 

20 ‘‘meet the requirements of clauses (i) through (iii) of sub21 paragraph (L)’’. 

Æ 


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