[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4113 Introduced in House (IH)]
107th CONGRESS
2d Session
H. R. 4113
To provide for the provision by hospitals of emergency contraceptives
to women who are survivors of sexual assault.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 9, 2002
Mrs. Morella (for herself, Mr. Greenwood, Ms. Slaughter, and Ms.
DeGette) 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 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 Care for Female Sexual
Assault Survivors Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) It is estimated that 25,000 women become pregnant each
year as a result of rape or incest.
(2) Surveys have shown that many hospitals do not routinely
provide emergency contraception to women seeking treatment
after being sexually assaulted.
(3) 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.
(4) The Food and Drug Administration has declared emergency
contraception to be safe and effective in preventing unintended
pregnancy, reducing the risk by as much as 89 percent.
(5) Medical research strongly indicates that the sooner
emergency contraception is administered, the greater the
likelihood of preventing unintended pregnancy, and it is most
effective if administered in the first 12 hours after
unprotected intercourse.
(6) 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.
(7) 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 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 any health-related program unless the hospital meets the
conditions specified in subsection (b) in the case of any woman who
presents at the hospital and--
(1) states that she is the victim of sexual assault;
(2) is accompanied by someone who states she is a victim of
sexual assault; or
(3) 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 does not cause an
abortion; and
(B) emergency contraception is effective in most
cases in preventing pregnancy after unprotected sex.
(2) The hospital promptly offers emergency contraception to
the woman, and promptly provides it to her upon 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 that
is--
(A) used postcoitally;
(B) prevents pregnancy by delaying ovulation,
preventing fertilization of an egg, or preventing
implantation of an egg in a uterus; and
(C) is approved by the Food and Drug
Administration.
(2) The term ``hospital'' has the meanings given such term
in title XVIII of the Social Security Act, including the
meaning applicable in such title for purposes of making
payments for emergency services to hospitals that do not have
agreements in effect under such title.
(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.
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