Title: 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.
Policy area: Health

Summary:
This bill requires hospitals with emergency departments to be equipped with sexual assault forensic examiners as a condition of participation in the 340B drug pricing program (i.e., a program that allows entities to receive covered outpatient drugs at reduced prices from manufacturers).
Specifically, the Department of Health and Human Services must designate the hospital as a facility in which a sexual assault forensic examiner is available or on call 24-7. Hospitals that do not receive this designation after one year must take action to become designated within the following year. They must also implement an interim policy that allows emergency department patients to choose to be transferred free of charge to already-designated facilities.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 461 Introduced in House (IH)]

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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.

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

SECTION 1. REQUIREMENTS FOR CERTAIN 340B COVERED ENTITIES RELATING TO 
              HOSPITAL CARE FOR VICTIMS OF SEXUAL ASSAULT.

    (a) In General.--Section 340B(a) of the Public Health Service Act 
(42 U.S.C. 256b(a)) is amended--
            (1) in paragraph (4)(L)--
                    (A) in clause (ii), by striking ``and'' at the end;
                    (B) in clause (iii), by striking the period at the 
                end and adding ``; and''; and
                    (C) by adding at the end the following new clause:
                            ``(iv) in the case of such a hospital that 
                        has an emergency department and, as of the date 
                        that is 12 months after the date of enactment 
                        of this clause, has not been designated as a 
                        SAFE-ready facility under paragraph (11)(B)--
                                    ``(I) takes such actions as 
                                necessary to become so designated not 
                                later than the date that is 24 months 
                                after such date of enactment; and
                                    ``(II) during the period beginning 
                                on the date that is 12 months after 
                                such date of enactment and ending on 
                                the date that such hospital becomes so 
                                designated, has adopted and enforces a 
                                policy, with respect to visits to the 
                                emergency department of such hospital 
                                during such period, to ensure 
                                compliance with the requirements of 
                                paragraph (11) and meets the 
                                requirements of such paragraph.''; and
            (2) by adding at the end the following new paragraph:
            ``(11) Requirements of certain covered entities relating to 
        examination and treatment for victims of sexual assault.--
                    ``(A) In general.--In the case of a covered entity 
                described in paragraph (4)(L) that has an emergency 
                department and, as of the date that is 12 months after 
                the date of enactment of this paragraph, has not been 
                designated as a SAFE-ready facility under subparagraph 
                (B), for purposes of clause (iv)(II) of such paragraph, 
                the requirements of this paragraph, with respect to 
                visits to the emergency department of such entity 
                during the period described in such clause (iv)(II), 
                are the following:
                            ``(i) Treatment.--If any individual comes 
                        to the emergency department of such entity for 
                        treatment relating to sexual assault, the 
                        entity shall--
                                    ``(I) inform the individual that 
                                the entity is not a SAFE-ready 
                                facility;
                                    ``(II) provide the name and 
                                location of the closest SAFE-ready 
                                facility to the entity;
                                    ``(III) inform the individual that 
                                the individual may elect--
                                            ``(aa) to receive treatment 
                                        at the entity; or
                                            ``(bb) to be stabilized and 
                                        transferred to the facility 
                                        described in subclause (II); 
                                        and
                                    ``(IV) in the case that the 
                                individual elects to be transferred 
                                under subclause (III)(bb)--
                                            ``(aa) obtain the 
                                        individual's written consent 
                                        for the transfer;
                                            ``(bb) contact the facility 
                                        described in subclause (II) to 
                                        confirm that a sexual assault 
                                        forensic examiner is available 
                                        at the facility; and
                                            ``(cc) stabilize and 
                                        transfer the individual, at no 
                                        cost, to such facility using 
                                        official transportation of the 
                                        entity.
                            ``(ii) Plans regarding staff training and 
                        transfers to safe-ready facilities.--Not later 
                        than the date that is 12 months after the date 
                        of enactment of this paragraph, the entity 
                        shall develop and implement--
                                    ``(I) a plan to train relevant 
                                personnel on sexual assault forensic 
                                evidence collection; and
                                    ``(II) a plan for transferring 
                                individuals to SAFE-ready facilities, 
                                in accordance with the requirements of 
                                clause (i)(IV).
                    ``(B) SAFE-ready designation.--
                            ``(i) In general.--The Secretary shall 
                        designate a covered entity described in 
                        paragraph (4)(L) as a SAFE-ready facility if 
                        the entity employs or contracts with sexual 
                        assault forensic examiners such that a sexual 
                        assault forensic examiner is available or on 
                        call 24 hours per day, every day of the year.
                            ``(ii) Publication of data.--The Secretary 
                        shall publish on the public website of the 
                        Department of Health and Human Services a list 
                        of each covered entity designated as a SAFE-
                        ready facility under this subparagraph, 
                        including the address of such entity. The 
                        Secretary shall update such list annually.
                    ``(C) Definition.--In this paragraph, the term 
                `sexual assault forensic examiner' means--
                            ``(i) a trained sexual assault nurse 
                        examiner; or
                            ``(ii) a physician with specialized 
                        training on conducting a medical-forensic 
                        examination.''.
    (b) Conforming Amendment.--Section 340B(a)(4)(M) of the Public 
Health Service Act (42 U.S.C. 256b(a)(4)(M)) is amended by striking 
``meet the requirements of subparagraph (L), including the 
disproportionate share adjustment percentage requirement under clause 
(ii) of such subparagraph,'' and inserting ``meet the requirements of 
clauses (i) through (iii) of subparagraph (L)''.
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