110th CONGRESS
1st Session
H. R. 464
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
January 12, 2007
Mr. ROTHMAN (for himself, Mrs. BIGGERT, Mr. VAN HOLLEN, Mrs. TAUSCHER,
Mr. MCDERMOTT, Mr. DINGELL, Mr. ENGEL, Mr. DICKS, Mr. MOORE of Kansas, Mr.
KIRK, Mr. KENNEDY, Mr. STARK, Mrs. CHRISTENSEN, Mr. FARR, Ms. DEGETTE, Ms.
SCHAKOWSKY, Mr. BLUMENAUER, Mr. GEORGE MILLER of California, Mr. WEINER,
Ms. MCCOLLUM of Minnesota, Ms. LEE, Mr. ALLEN, Mr. SHAYS, Mr. PATRICK MURPHY
of Pennsylvania, Mr. GRIJALVA, Mrs. DAVIS of California, Mr. MCHUGH, Mr.
SCHIFF, Ms. HIRONO, Mr. CROWLEY, Ms. ZOE LOFGREN of California, Mr. BOUCHER,
Mr. FATTAH, Mr. FRANK of Massachusetts, Mr. AL GREEN of Texas, Mr. ISRAEL,
Mr. BOSWELL, Mr. TIERNEY, Ms. DELAURO, Mr. INSLEE, Mr. OLVER, Ms. BERKLEY,
Mr. DEFAZIO, Mr. MILLER of North Carolina, Mr. CUMMINGS, Mr. BERMAN, Mr.
MORAN of Virginia, Mr. NADLER, Mr. ABERCROMBIE, Ms. BALDWIN, Mr. CASTLE,
Mr. WAXMAN, Mr. LARSEN of Washington, Mrs. MALONEY of New York, Mr. WYNN,
Mr. HASTINGS of Florida, Mrs. CAPPS, Ms. LINDA T. SANCHEZ of California,
Mr. HOLT, Mr. LANTOS, Mr. SIRES, Ms. HARMAN, Mr. WEXLER, and Ms. MATSUI)
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.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
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.
END
