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42 U.S.C. § 280g–4Grants to strengthen the healthcare system’s response to domestic violence, dating violence, sexual assault, and stalking

submitted 82 years ago by Pub. L. 109-162 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 2,902 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary must give grants to train health workers to recognize and respond to domestic violence, dating violence, sexual assault, and stalking. Grantees use the money for training programs, statewide health-system strategies, and research on what works. Grantees must protect patient privacy and safety, and applicants generally need teams with health, medical, and community expertise.

(a) In general: The Secretary must award grants for (1) developing or enhancing, and running, interdisciplinary training for health professionals, public health staff, community health workers, violence-prevention advocates who work with health providers, and allied health professionals; (2) developing or enhancing, and running, education programs for medical, psychology, dental, social work, nursing, and other health profession students, interns, residents, fellows, or current providers, including midwives and doulas; (3) developing or enhancing, and running, comprehensive statewide strategies to improve clinics', public health facilities', hospitals', and other health settings' (including behavioral and mental health programs') capacity to prevent and respond to domestic violence, dating violence, sexual assault, and stalking; (4) developing or enhancing, and running, training programs to improve early childhood programs' capacity to address these issues among the families they serve; and (5) developing or enhancing, and running, comprehensive statewide strategies for health and violence-prevention programs to work together to promote primary prevention of these issues. (b) Use of funds: (1) Required uses -- grant money must fund (A) interdisciplinary training and education under (a)(1)-(2) that (i) trains students, interns, residents, fellows, and current providers to give universal education on healthy relationships and trauma-informed health care, including mental or behavioral health services and referrals, to people who are or were victims; (ii) is planned and developed with culturally specific individuals and American Indian and Alaska Native communities, includes practices like doulas, midwives, and traditional healers, covers physical, mental, and behavioral health issues including protective factors related to these forms of violence and abuse (including labor and sex trafficking), focuses on reducing health inequities and preventing violence, and puts victim safety and confidentiality first; (iii) is designed to include the experiences of all individuals, including LGBT individuals, and covers improving equity and reducing disparities in access to care and prevention resources; and (iv) trains on a universal prevention education approach to both prevent and respond to these issues in health care settings; (B) comprehensive strategies under (a)(3) to improve the health system's capacity to prevent and respond to domestic or sexual violence, through (i) implementing, spreading, and evaluating policies and procedures guiding health professionals and public health staff to identify, respond to, and prevent these issues during in-person or virtual visits, protecting patient privacy and safety and using health IT to improve documentation while maximizing victim choice over their health information; (ii) developing services addressing patients' safety, medical, and mental health needs by (I) growing the capacity of existing providers -- including those specializing in trauma or substance use disorders -- community health workers, and public health staff to address these issues and children exposed to violence; (II) contracting with or hiring victim advocates to provide such services; or (III) funding State domestic and sexual violence coalitions to help them coordinate and support health advocates and system partnerships; (iii) developing measures and methods to evaluate prevention, intervention, and documentation practices during visits, matching the quality-measurement processes in section 1395aaa(b)(7)-(8) and section 1395aaa-1 of this title; (iv) giving training and follow-up technical assistance to providers, public health staff, and allied health professionals to identify, assess, treat, and refer victims, and to promote prevention during visits, using existing tools and materials; (v) developing, running, spreading, and evaluating best practices, tools, and training -- including culturally relevant ones -- for mental health, behavioral health, and substance use disorder professionals to identify and respond to these forms of violence; and (vi) developing and providing culturally relevant training and follow-up technical assistance to providers, public health staff, and allied health professionals to identify, assess, treat, and refer victims from culturally specific communities and promote prevention, using materials developed by and for those communities, prioritizing trainings from culturally specific organizations; and (C) comprehensive strategies to prevent domestic or sexual violence, including through universal education, in clinical and public health settings. (2) Permissible uses -- a grantee may (A) as part of a comprehensive program, address child abuse and abuse in later life; (B) under (a)(1)-(2), use funds to offer rural areas community-based training, including distance learning, for students and residents; and (C) under (a)(3), fund (i) training modules and policies addressing how child abuse, domestic violence, dating violence, sexual assault, stalking, and abuse in later life overlap, and childhood exposure to violence; (ii) sexual-assault prevention programs and forensic exam or nurse-examiner programs; (iii) folding lifetime and cross-generational exposure to violence, and related risk and protective factors, into health professional school curricula; (iv) integrating this knowledge into health care accreditation and licensing exams; (v) funding culturally specific organizations to partner with providers to support victims and meet referrals; (vi) a State-level pilot to improve substance use disorder treatment and harm reduction programs' response to and capacity to serve these victims, and improve violence programs' capacity to serve survivors with substance use histories; or (vii) developing and using existing technical assistance to help substance use disorder and harm reduction programs address these issues among patients they serve. (c) Requirements for grantees: (1)(A) Grantees must make sure programs address confidentiality and patient safety and comply with confidentiality rules under title 34, section 12291(b)(2) and the Family Violence Prevention and Services Act, that staff are fully trained to protect patients' and staff's ongoing security and confidentiality, and must consult outside experts on confidentiality and safety procedures and document that consultation. (B) Grantees must give patients advance notice of circumstances where information may be disclosed, such as mandatory reporting laws, and let patients get information and referrals without having to disclose abuse. (2) A grantee may use no more than 10 percent of its grant for administrative expenses. (3)(A) The Secretary must prefer applicants with strong evaluation strategies, prioritizing outcome-based evaluations, culturally and population-specific organizations, and community-driven programs. (B) Applicants for (a)(1)-(2) grants must document they represent a collaborating team including at least one accredited school of medicine, psychology, nursing, dentistry, social work, or another health field; one health care facility or system; and one government or nonprofit entity (including culturally specific or community-based organizations) with a history of effective work on these issues; and must give strategies for sharing curricula and materials with other health professions schools and national resource repositories. (C) Applicants for (a)(3) grants must submit an application including (i) documentation that all training, screening, services, and care will be informed by understanding of victimization and trauma-specific approaches; (ii) strategies (I) for policies preventing and addressing these issues across the lifespan and generations, and (II) addressing primary prevention, including social determinants of health, economic justice, equity, and LGBT-inclusiveness; (iii) a plan to consult State and tribal domestic violence or sexual assault coalitions, national victim advocacy organizations, and culturally and population-specific organizations; (iv) if the grantee will have patient contact, a referral plan built with local victim service providers, including culturally specific organizations, and documentation of an ongoing collaborative relationship with one; and (v) for grants funding programs under (b)(2)(C)(ii), a certification that forensic exam and nurse-examiner programs will follow Attorney General guidelines. (d) Eligible entities: (1) For funding under (a)(1) or (2), an entity must be (A) a nonprofit with a history of effective work training health professionals on these issues; (B) an accredited school of medicine, psychology, nursing, dentistry, social work, or allied health; (C) a health care provider membership or professional organization, or a health care system; or (D) a State, tribal, territorial, or local entity. (2) For funding under (a)(3), an entity must be (A) a State health (or mental health or substance abuse) department, a State, tribal, or territorial coalition or victim service provider, or another nonprofit with a history of effective work on these issues and health care; or (B) a local victim service provider, local health department, clinic, hospital, behavioral health or health system, or a community-based organization with relevant experience or a history of partnership on these issues and health care. (e) Technical assistance: (1) The Secretary may grant or contract for technical assistance on planning, developing, and running programs under this section, using no more than 8 percent of a fiscal year's appropriated funds. (2) The Secretary must make grantees' materials on training, best practices, research, and evaluation publicly available. (3) The Secretary must publish a report every two years on how funds were distributed and what programs and activities they supported. (f) Research and evaluation: (1) The Secretary may use no more than 20 percent of a fiscal year's funds to grant or contract for research and evaluation of (A) grants awarded under this section; and (B) other provider training and effective health-care-setting interventions that prevent these forms of violence across the lifespan, prevent their health effects, and improve the safety and health of people currently being victimized. (2) That research may cover (A) how these forms of violence and childhood exposure to them affect health behaviors, conditions, and status of individuals, families, and populations, including underserved populations; (B) which health care interventions effectively respond to and prevent these issues; (C) how they affect the health care system, health care use, costs, and status; and (D) how adverse childhood experiences affect adult experience of these issues and adult health outcomes, including how to reduce that impact through the health care setting. (g) Authorization of appropriations: Congress may spend $20,000,000 each year from 2023 through 2027. (h) Definitions: Except as otherwise provided, the definitions in title 34, section 12291 apply to this section.
the actual law source: uscode.house.gov ↗public domain
(a) In general

The Secretary shall award grants for—

(1)

the development or enhancement and implementation of interdisciplinary training for health professionals, public health staff, community health workers, violence prevention advocates working with health providers, and allied health professionals;

(2)

the development or enhancement and implementation of education programs for medical, psychology, dental, social work, nursing, and other health profession students, interns, residents, fellows, or current health care providers (including midwives and doulas);

(3)

the development or enhancement and implementation of comprehensive statewide strategies to improve the capacity of clinics, public health facilities, hospitals, and other health settings (including behavioral and mental health programs) to prevent and respond to domestic violence, dating violence, sexual assault, and stalking;

(4)

the development or enhancement and implementation of training programs to improve the capacity of early childhood programs to address domestic violence, dating violence, sexual assault, and stalking among families they serve; and

(5)

the development or enhancement and implementation of comprehensive statewide strategies for health and violence prevention programs to work together to promote primary prevention of domestic violence, dating violence, sexual assault, and stalking.

(b) Use of funds
(1) Required uses

Amounts provided under a grant under this section shall be used to—

(A)

fund interdisciplinary training and education programs under paragraphs (1) and (2) of subsection (a) that—

(i)

are designed to train medical, psychology, dental, social work, nursing, and other health profession students, interns, residents, fellows, or current health care providers to provide universal education on healthy relationships and provide trauma-informed health care services (including mental or behavioral health care services and referrals to appropriate community services) to individuals who are or who have been victims of domestic violence, dating violence, sexual assault, or stalking;

(ii)

plan and develop training components that center the experiences of, and are developed in collaboration with, culturally specific individuals and American Indians and Alaska Natives, and include community-defined practices such as the use of doulas, midwives, and traditional healers, for integration into approved internship, residency, and fellowship training or continuing medical or other health education training that address physical, mental, and behavioral health issues, including protective factors, related to domestic violence, dating violence, sexual assault, stalking, and other forms of violence and abuse (including labor and sex trafficking), focus on reducing health inequities and preventing violence and abuse, and include the primacy of victim safety and confidentiality;

(iii)

are designed to be inclusive of the experiences of all individuals, including LGBT individuals, and include training on improving equity and reducing disparities in access to health care services and prevention resources; and

(iv)

include training on the use of a universal prevention education approach to both prevent and respond to domestic violence, dating violence, sexual assault, or stalking in health care settings;

(B)

design and implement comprehensive strategies to improve the capacity of the health care system to prevent and respond to domestic or sexual violence in clinical and public health settings, hospitals, clinics, and other health settings (including behavioral and mental health), under subsection (a)(3) through—

(i)

the implementation, dissemination, and evaluation of policies and procedures to guide health professionals and public health staff in identifying, responding to, and promoting prevention of domestic violence, dating violence, sexual assault, and stalking during in-person or virtual visits, including strategies to ensure that health information is maintained in a manner that protects the patient’s privacy and safety, and safely uses health information technology to improve documentation, identification, assessment, treatment, and follow-up care and to maximize victim choice on the use and sharing of their health information;

(ii)

the development of services to address the safety, medical, and mental health needs of patients by—

(I)

increasing the capacity of existing health care professionals (including professionals who specialize in trauma or in substance use disorders) in behavioral and mental health care, community health workers, and public health staff to address domestic violence, dating violence, sexual assault, stalking, and children exposed to violence;

(II)

contracting with or hiring advocates for victims of domestic violence or sexual assault to provide such services; or

(III)

providing funding to State domestic and sexual violence coalitions to improve the capacity of such coalitions to coordinate and support health advocates and other health system partnerships;

(iii)

the development of measures and methods for the evaluation of the practice of prevention, intervention, and documentation regarding victims of domestic violence, dating violence, sexual assault, and stalking during in-person or virtual visits, including the development and testing of quality improvement measurements, in accordance with the multi-stakeholder and quality measurement processes established under paragraphs (7) and (8) of section 1395aaa(b) of this title and section 1395aaa–1 of this title;

(iv)

the provision of training and follow-up technical assistance to health care professionals, and public health staff, and allied health professionals to identify, assess, treat, and refer clients who are victims of domestic violence, dating violence, sexual assault, or stalking, and promote prevention during in-person or virtual visits, including using tools and training materials already developed;

(v)

the development, implementation, dissemination, and evaluation of best practices, tools, and training materials, including culturally relevant tools, for mental health, behavioral health, and substance use disorder professionals to identify and respond to domestic violence, sexual violence, stalking, and dating violence; and

(vi)

the development and provision of culturally relevant training and follow-up technical assistance to health care professionals, and public health staff, and allied health professionals to identify, assess, treat, and refer clients who are victims of domestic violence, dating violence, sexual assault, or stalking from culturally specific communities and promote prevention, using tools and training materials, developed by and for culturally specific communities, with priority given to trainings provided by culturally specific organizations; and

(C)

design and implement comprehensive strategies to prevent domestic or sexual violence including through the use of universal education in clinical and public health settings, hospitals, clinics and other health settings.

(2) Permissible uses
(A) Child abuse and abuse in later life

To the extent consistent with the purpose of this section, a grantee may use amounts received under this section to address, as part of a comprehensive programmatic approach implemented under the grant, issues relating to child abuse or abuse in later life.

(B) Rural areas

Grants funded under paragraphs (1) and (2) of subsection (a) may be used to offer to rural areas community-based training opportunities, which may include the use of distance learning networks and other available technologies needed to reach isolated rural areas, for medical, nursing, and other health profession students and residents on domestic violence, dating violence, sexual assault, stalking, and, as appropriate, other forms of violence and abuse.

(C) Other uses

Grants funded under subsection (a)(3) may be used for—

(i)

the development of training modules and policies that address the overlap of child abuse, domestic violence, dating violence, sexual assault, and stalking and abuse in later life, as well as childhood exposure to domestic and sexual violence;

(ii)

the development, expansion, and implementation of programs that promote the prevention of sexual assault as well as sexual assault forensic medical examination or sexual assault nurse examiner programs;

(iii)

the inclusion of the health effects of lifetime exposure to violence and abuse and exposure to violence across generations as well as related protective factors and behavioral risk factors in health professional training schools including medical, dental, nursing, social work, and mental and behavioral health curricula, and allied health service training courses;

(iv)

the integration of knowledge of domestic violence, dating violence, sexual assault, and stalking into health care accreditation and professional licensing examinations, such as medical, dental, mental health, social work, and nursing boards, and where appropriate, other allied health exams and certifications;

(v)

providing funding to culturally specific organizations to improve the capacity of such organizations to engage and partner with health care providers to support victims and meet increased referrals from health systems;

(vi)

developing a State-level pilot program to—

(I)

improve the response of substance use disorder treatment programs, harm reduction programs for people who use substances, and systems to domestic violence, dating violence, sexual assault, and stalking;

(II)

improve the capacity of substance use disorder treatment programs, harm reduction programs for people who use substances, and systems to serve survivors of domestic violence, dating violence, sexual assault, and stalking dealing with substance use disorder; and

(III)

improve the capacity of domestic violence, dating violence, sexual assault, and stalking programs to serve survivors who have substance use history; or

(vii)

developing and utilizing existing technical assistance and training resources to improve the capacity of substance use disorder treatment programs and harm reduction programs for people who use substances to address domestic violence, dating violence, sexual assault, and stalking among patients the programs serve.

(c) Requirements for grantees
(1) Confidentiality and safety
(A) In general

Grantees under this section shall ensure that all programs developed with grant funds address issues of confidentiality and patient safety and comply with applicable confidentiality and nondisclosure requirements under section 12291(b)(2) of title 34 and the Family Violence Prevention and Services Act [42 U.S.C. 10401 et seq.], and that faculty and staff associated with delivering educational components are fully trained in procedures that will protect the immediate and ongoing security and confidentiality of the patients, patient records, and staff. Such grantees shall consult entities with demonstrated expertise in the confidentiality and safety needs of victims of domestic violence, dating violence, sexual assault, and stalking on the development and adequacy of confidentially and security procedures, and provide documentation of such consultation.

(B) Advance notice of information disclosure

Grantees under this section shall provide to patients advance notice about any circumstances under which information may be disclosed, such as mandatory reporting laws, and shall give patients the option to receive information and referrals without affirmatively disclosing abuse.

(2) Limitation on administrative expenses

A grantee shall use not more than 10 percent of the amounts received under a grant under this section for administrative expenses.

(3) Application
(A) Preference

In selecting grant recipients under this section, the Secretary shall give preference to applicants based on the strength of their evaluation strategies, with priority given to—

(i)

outcome based evaluations;

(ii)

culturally specific and population specific organizations; and

(iii)

programs developing and implementing community-driven solutions to address domestic violence, dating violence, sexual assault, or stalking.

(B) Subsection (a)(1) and (2) grantees

Applications for grants under paragraphs (1) and (2) of subsection (a) shall include—

(i)

documentation that the applicant represents a team of entities working collaboratively to strengthen the response of the health care system to domestic violence, dating violence, sexual assault, or stalking, and which includes at least one of each of—

(I)

an accredited school of allopathic or osteopathic medicine, psychology, nursing, dentistry, social work, or other health field;

(II)

a health care facility or system; or

(III)

a government or nonprofit entity, including a culturally specific organization or community-based organization working to address the social determinants of health, with a history of effective work in the fields of domestic violence, dating violence, sexual assault, or stalking; and

(ii)

strategies for the dissemination and sharing of curricula and other educational materials developed under the grant, if any, with other interested health professions schools and national resource repositories for materials on domestic violence, dating violence, sexual assault, and stalking.

(C) Subsection (a)(3) grantees

An entity desiring a grant under subsection (a)(3) shall submit an application to the Secretary at such time, in such a manner, and containing such information and assurances as the Secretary may require, including—

(i)

documentation that all training, education, screening, assessment, services, treatment, and any other approach to patient care will be informed by an understanding of violence and abuse victimization and trauma-specific approaches that will be integrated into prevention, intervention, and treatment activities;

(ii)

strategies—

(I)

for the development and implementation of policies to prevent and address domestic violence, dating violence, sexual assault, and stalking over the lifespan and generations in health care settings; and

(II)

to address primary prevention of domestic violence, dating violence, sexual assault, and stalking over the lifespan and generations, including strategies that address related social determinants of health, economic justice, and equity issues, and that are inclusive of LGBT individuals;

(iii)

a plan for consulting with State and tribal domestic violence or sexual assault coalitions, national nonprofit victim advocacy organizations, culturally specific organizations, and population specific organizations with demonstrated expertise in domestic violence, dating violence, sexual assault, or stalking;

(iv)

with respect to an application for a grant under which the grantee will have contact with patients, a plan, developed in collaboration with local victim service providers (including culturally specific organizations), to respond appropriately to and make correct referrals for individuals who disclose that they are victims of domestic violence, dating violence, sexual assault, stalking, or other types of violence, and documentation provided by the grantee of an ongoing collaborative relationship with a local victim service provider; and

(v)

with respect to an application for a grant proposing to fund a program described in subsection (b)(2)(C)(ii), a certification that any sexual assault forensic medical examination and sexual assault nurse examiner programs supported with such grant funds will adhere to the guidelines set forth by the Attorney General.

(d) Eligible entities
(1) In general

To be eligible to receive funding under paragraph (1) or (2) of subsection (a), an entity shall be—

(A)

a nonprofit organization with a history of effective work in the field of training health professionals with an understanding of, and clinical skills pertinent to, domestic violence, dating violence, sexual assault, or stalking, and lifetime exposure to violence and abuse;

(B)

an accredited school of allopathic or osteopathic medicine, psychology, nursing, dentistry, social work, or allied health;

(C)

a health care provider membership or professional organization, or a health care system; or

(D)

a State, tribal, territorial, or local entity.

(2) Subsection (a)(3) grantees

To be eligible to receive funding under subsection (a)(3), an entity shall be—

(A)

a State department (or other division) of health (including mental health or substance abuse agencies), a State, tribal, or territorial domestic violence or sexual assault coalition or victim service provider, or any other nonprofit, nongovernmental organization with a history of effective work in the fields of domestic violence, dating violence, sexual assault, or stalking, and health care, including physical or behavioral health care and substance use disorder prevention and treatment; or

(B)

a local victim service provider, a local department (or other division) of health, a local health clinic, hospital, behavioral health treatment system, or health system, a community-based organization with a history of effective work in the field of domestic violence, dating violence, sexual assault, or stalking and health care, including physical or mental health care or substance use disorder prevention and treatment, or a community-based organization with a history of partnership with programs in the field of domestic violence, dating violence, sexual assault, or stalking and health care, including physical or mental health care or substance use disorder prevention and treatment.

(e) Technical assistance
(1) In general

Of the funds made available to carry out this section for any fiscal year, the Secretary may make grants or enter into contracts to provide technical assistance with respect to the planning, development, and operation of any program, activity or service carried out pursuant to this section. Not more than 8 percent of the funds appropriated under this section in each fiscal year may be used to fund technical assistance under this subsection.

(2) Availability of materials

The Secretary shall make publicly available materials developed by grantees under this section, including materials on training, best practices, and research and evaluation.

(3) Reporting

The Secretary shall publish a biennial report on—

(A)

the distribution of funds under this section; and

(B)

the programs and activities supported by such funds.

(f) Research and evaluation
(1) In general

Of the funds made available to carry out this section for any fiscal year, the Secretary may use not more than 20 percent to make a grant or enter into a contract for research and evaluation of—

(A)

grants awarded under this section; and

(B)

other training for health professionals and effective interventions in the health care setting that prevent domestic violence, dating violence, and sexual assault across the lifespan, prevent the health effects of such violence, and improve the safety and health of individuals who are currently being victimized.

(2) Research

Research authorized in paragraph (1) may include—

(A)

research on the effects of domestic violence, dating violence, sexual assault, and childhood exposure to domestic, dating or sexual violence on health behaviors, health conditions, and health status of individuals, families, and populations, including underserved populations;

(B)

research to determine effective health care interventions to respond to and prevent domestic violence, dating violence, sexual assault, and stalking;

(C)

research on the impact of domestic, dating and sexual violence, childhood exposure to such violence, and stalking on the health care system, health care utilization, health care costs, and health status; and

(D)

research on the impact of adverse childhood experiences on adult experience with domestic violence, dating violence, sexual assault, stalking, and adult health outcomes, including how to reduce or prevent the impact of adverse childhood experiences through the health care setting.

(g) Authorization of appropriations

There is authorized to be appropriated to carry out this section, $20,000,000 for each of fiscal years 2023 through 2027.

(h) Definitions

Except as otherwise provided, the definitions in section 12291 of title 34 shall apply to this section.

Source credit: (July 1, 1944, ch. 373, title III, § 399P, formerly § 399O, as added Pub. L. 109–162, title V, § 504, Jan. 5, 2006, 119 Stat. 3026; renumbered § 399P, Pub. L. 109–450, § 4(1), Dec. 22, 2006, 120 Stat. 3342; amended Pub. L. 113–4, title V, § 501(a), Mar. 7, 2013, 127 Stat. 96; Pub. L. 117–103, div. W, title V, § 501, Mar. 15, 2022, 136 Stat. 869.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 109-162 · 119 Stat. 3026
  • 2006Amended · Pub. L. 109-450 · 120 Stat. 3342
  • 2013Amended · Pub. L. 113-4 · 127 Stat. 96
  • 2022Amended · Pub. L. 117-103 · 136 Stat. 869

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-162 on 1944-07-01.

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