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 Com-
mittee 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 Pro-
gram of emergency contraceptives to women who are 
survivors of sexual assault. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Compassionate Assist-
ance for Rape Emergencies Act of 2011’’. 
SEC. 2. FINDINGS. 
The Congress finds as follows: 
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(1) One out of every 6 American women will be-
come a victim of rape or sexual assault in their life-
time. It is estimated that 17,700,000 American 
women today are survivors of these violent crimes. 
(2) The Federal Bureau of Investigation re-
ports that 88,427 women were raped in 2009. This 
statistic is derived from records of crimes reported 
to law enforcement and does not include reports of 
other actions falling under the broader term of ‘‘sex-
ual assault’’. 
(3) The 2009 violent crime report issued by the 
Bureau of Justice Statistics indicates that only 
about half, 55.4 percent, of rapes and sexual as-
saults perpetrated against women and girls in the 
United States were reported to law enforcement. For 
this reason, the total number of these violent crimes 
committed in a given year is likely to be much high-
er. 
(4) According to a 2003 analysis of data col-
lected by the National Violence Against Women Sur-
vey, the risk of pregnancy resulting from rape is es-
timated to be 7.98 percent for victims who were not 
protected by some form of contraception at the time 
of the attack. 
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(5) According to the Centers for Disease Con-
trol and Prevention, approximately 32,000 preg-
nancies result from rape every year. 
(6) Timely access to emergency contraception 
could help many of these rape survivors avoid the 
additional trauma of facing an unintended preg-
nancy. 
(7) In light of the safety and effectiveness of 
emergency contraception 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 Physi-
cians and the American College of Obstetricians and 
Gynecologists agree that offering emergency contra-
ception to female patients after a sexual assault 
should be considered the standard of care. 
(9) The Food and Drug Administration has de-
clared emergency contraception to be safe and effec-
tive in preventing unintended pregnancy if taken in 
the first 72 hours after sex, and that certain contra-
ceptives remain safe and effective in preventing un-
intended pregnancy for up to 120 hours after sex. 
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(10) Approximately one-third of women of re-
productive age remain unaware of emergency contra-
ception. Therefore, women who have been sexually 
assaulted are unlikely to ask for emergency contra-
ception. 
(11) It is essential that all hospitals that pro-
vide emergency medical care provide emergency con-
traception as a treatment option to any woman who 
has been raped, so that she may have the option of 
preventing an unintended pregnancy. 
(12) In 2004, the Bureau of Justice Statistics 
reported that legal reforms and the growth in serv-
ices available to rape victims have been influential in 
increasing the likelihood that women will report a 
rape to police, resulting in more perpetrators being 
identified and brought to justice. 
(13) Polls show that nearly 80 percent of Amer-
ican women want their hospitals, whether or not reli-
giously affiliated, to offer emergency contraception 
to rape survivors. 
SEC. 3. SURVIVORS OF SEXUAL ASSAULT; PROVISION BY 
HOSPITALS 
OF 
EMERGENCY 
CONTRACEP-
TIVES WITHOUT CHARGE. 
(a) IN GENERAL.—Federal funds may not be pro-
vided to a hospital under title XVIII of the Social Security 
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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 vic-
tim 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 spec-
ified 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 con-
traception, including information explaining that— 
(A) emergency contraception has been ap-
proved by the Food and Drug Administration 
as an over-the-counter medication for women 
ages 17 and over and is a safe and effective 
way to prevent pregnancy after unprotected 
intercourse or contraceptive failure if taken in 
a timely manner; 
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(B) emergency contraception is more effec-
tive the sooner it is taken; and 
(C) emergency contraception does not 
cause an abortion and cannot interrupt an es-
tablished pregnancy. 
(2) The hospital promptly offers emergency 
contraception to the woman, and promptly provides 
such contraception to her at the hospital on her re-
quest. 
(3) The information provided pursuant to para-
graph (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— 
(A) is approved by the Food and Drug Ad-
ministration 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 
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Act (42 U.S.C. 1395x(e)), and includes a critical ac-
cess hospital, 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 sec-
tion 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. 
Æ 
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