Sec. 512. Compassionate assistance for rape emergencies
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Section 1866(a)(1) of the Social Security Act ( 42 U.S.C. 1395cc(a)(1) ) is amended— by striking and at the end of subparagraph (V); in the subparagraph
(W)added by section 3005(1)(C) of Public Law 111–148 — by striking the period at the end and inserting a comma; by moving the indentation 2 ems to the left; and by moving such subparagraph to immediately follow subparagraph (V); in the subparagraph
(W)added by section 6406(b)(3) of Public Law 111–148 — by striking the period at the end and inserting , and ; by moving the indentation 2 ems to the left; by redesignating such subparagraph as subparagraph (X); and by moving such subparagraph to immediately follow subparagraph (W), as moved under paragraph (2)(C); and by inserting after the subparagraph (X), as redesignated and moved under paragraph (3), the following: in the case of a hospital or critical access hospital, to adopt and enforce a policy to ensure compliance with the requirements of subsection
(l)and to meet the requirements of such subsection. . Section 1866 of the Social Security Act ( 42 U.S.C. 1395cc ) is amended by adding at the end the following new subsection: For purposes of section 1866(a)(1)(Y), a hospital meets the requirements of this subsection if the hospital provides each of the services described in paragraph
(2)to each female individual, whether or not eligible for benefits under this title or under any other form of health insurance. who comes to the hospital on or after January 1, 2015, and— who states to hospital personnel that she is a victim of sexual assault; who is accompanied by an individual who states to hospital personnel that the female individual is a victim of sexual assault; or whom hospital personnel, during the course of treatment and care for the female individual, have reason to believe is a victim of sexual assault. For purposes of paragraph (1), the services described in this subparagraph are the following: Provision of medically and factually accurate and unbiased written and oral information about emergency contraception that— is written in clear and concise language; is readily comprehensible; includes an explanation that— emergency contraception has been approved by the Food and Drug Administration as an over-the-counter medication for female individuals, and is a safe and effective way to prevent pregnancy after unprotected intercourse or contraceptive failure if taken in a timely manner; emergency contraception is more effective the sooner it is taken; and emergency contraception does not cause an abortion and cannot interrupt an established pregnancy; meets such conditions regarding the provision of such information in languages other than English as the Secretary may establish; and is provided without regard to the ability of the individual or her family to pay costs associated with the provision of such information to the individual. Prompt offer to provide emergency contraception to the individual, and in the case that the individual accepts such offer, prompt provision of such contraception to such individual without regard to the inability of the individual or her family to pay costs associated with the offer and provision of such contraception. For purposes of this paragraph: The term emergency contraception means a drug or device (as such terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 )) or a drug regimen that— is used postcoitally; prevents pregnancy primarily by preventing or delaying ovulation, and does not terminate an established pregnancy; and is approved by the Food and Drug Administration. The term hospital includes a critical access hospital, as defined in section 1861(mm)(1). The term sexual assault means coitus in which the individual involved does not consent or lacks the legal capacity to consent. . Section 1903(i) of the Social Security Act ( 42 U.S.C. 1396b(i) ) is amended by inserting after paragraph
(11)the following new paragraph: with respect to any amount expended for care or services furnished under the plan by a hospital on or after January 1, 2015, unless such hospital meets the requirements specified in section 1866(l) for purposes of title XVIII. .
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- Pub. L. 111-148
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Sec. 512
Compassionate assistance for rape emergencies
Pub. L.Pub. L. 111-148
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