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42 U.S.C. § 280g–4aUnderstanding sexual assault care in health systems

submitted 4 years ago by Pub. L. 117-103 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 544 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary must give grants to States and Tribes to survey how well their health systems handle sexual assault forensic exams. States and Tribes must publish their findings, build a strategic action plan, and run a public awareness campaign about getting help. The Secretary must post survey results online every two years.

(a) Purpose: This section aims to identify ways to improve health care delivery systems that provide forensic examinations to sexual assault survivors. (b) Grants: The Secretary must award grants to States and Indian Tribes to develop and run State and Tribal surveys identifying (1) the availability of, and patient access to, medical forensic examinations; (2) the training level of providers who perform them; (3) which hospitals or clinics offer them, and whether coverage is full-time, part-time, or on-call; (4) barriers to getting medical forensic examinations through sexual assault care; (5) billing and reimbursement practices for them; (6) State and Tribal requirements, minimum standards, and protocols for training sexual assault forensic examiners and other involved personnel; (7) the availability, frequency, and providers of examiner training, the State's or Tribe's role in it, and continuing-education processes; and (8) dedicated federal and State funding available for examiner training. (c) Eligibility: To get a grant, a State or Indian Tribe must apply through a competitive process the Secretary sets. (d) Public dissemination and campaign: (1) The Secretary must publish survey results on the HHS website every two years. (2) A grantee State or Tribe must (A) make its survey findings public, including a map of providers who perform medical forensic examinations, based on findings under subsection (b)(3); (B) use the findings to build a strategic action plan to increase trained examiners and boost survivor access, and to create policies supporting that access; and (C) use the findings to develop and run a public awareness campaign including (i) an online toolkit describing how and where survivors can get assistance and care, including forensic examinations; (ii) a model standard response protocol for providers when a sexual assault patient arrives; (iii) a model sexual assault response team protocol coordinating hospitals, emergency departments, hospital administration, local rape crisis programs, law enforcement, prosecutors, and other agencies and stakeholders, for survivor-centered care; and (iv) notice of applicable laws that prohibit charging or billing survivors for sexual-assault-related care and services. (e) Authorization of appropriations: Congress may spend $7,000,000 each year from 2023 through 2027.
the actual law source: uscode.house.gov ↗public domain
(a) Purpose

It is the purpose of this section to identify areas for improvement in health care delivery systems providing forensic examinations to survivors of sexual assault.

(b) Grants

The Secretary of Health and Human Services (referred to in this section as “the Secretary”) shall award grants to States and Indian Tribes to develop and implement State and Tribal surveys to identify—

(1)

the availability of, and patient access to, medical forensic examinations;

(2)

the training level of the health care providers who perform medical forensic examinations;

(3)

the hospitals or clinics that offer medical forensic examinations and whether each hospital or clinic has full-time, part-time, or on-call coverage;

(4)

barriers to medical forensic examinations provided through sexual assault care and services;

(5)

billing and reimbursement practices for medical forensic examinations;

(6)

State and Tribal requirements, minimum standards, and protocols for training sexual assault examiners for sexual assault forensic examiners and for other personnel involved in medical forensic examinations;

(7)

the availability of sexual assault forensic examiner training, the frequency of such training, the providers of such training, the State’s or Indian Tribe’s role in such training, and the processes or procedures in place for continuing education of such examiners; and

(8)

the dedicated Federal and State funding available to support sexual assault forensic examiner training.

(c) Eligibility

To be eligible to receive a grant under this section, a State or Indian Tribe shall submit to the Secretary an application through a competitive process to be determined by the Secretary.

(d) Public dissemination and campaign
(1) Public availability

The results of the surveys conducted under grants awarded under this section shall be published by the Secretary on the website of the Department of Health and Human Services on a biennial basis.

(2) Campaigns

A State or Indian Tribe that receives a grant under this section shall carry out the following activities:

(A)

Make the findings of the survey conducted using amounts received under the grant public, including a map showing health care providers who perform medical forensic examinations, based on the findings from the State and Tribal surveys under subsection (b)(3).

(B)

Use the findings to develop a strategic action plan to increase the number of trained medical forensic examiners available in the State or Tribal community and create policies to increase survivor access to trained examiners.

(C)

Use the findings to develop and implement a public awareness campaign that includes the following:

(i)

An online toolkit describing how and where sexual assault survivors can obtain assistance and care, including medical forensic examinations, in the State or Tribal community.

(ii)

A model standard response protocol for health care providers to implement upon arrival of a patient seeking care for sexual assault.

(iii)

A model sexual assault response team protocol incorporating interdisciplinary community coordination between hospitals, emergency departments, hospital administration, local rape crisis programs, law enforcement, prosecuting attorneys, and other health and human service agencies and stakeholders with respect to delivering survivor-centered sexual assault care and medical forensic examinations.

(iv)

A notice of applicable laws prohibiting charging or billing survivors of sexual assault for care and services related to sexual assault.

(e) Authorization of appropriations

There is authorized to be appropriated to carry out this section $7,000,000 for each of fiscal years 2023 through 2027.

Source credit: (Pub. L. 117–103, div. W, title V, § 503, Mar. 15, 2022, 136 Stat. 874.)

history & why it existsrecord from the source credit
  • 2022Enacted · Pub. L. 117-103 · 136 Stat. 874

A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-103 on 2022-03-15.

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