Compassionate assistance for rape emergencies

(a) Medicare (1) Limitation on payment Section 1866(a)(1) of the Social Security Act (42 U.S.C. 1395cc(a)(1)), as amended by section 5201(e), is amended— (A) in subparagraph (W), by moving the indentation 2 ems to the left; (B) in subparagraph (X), by moving the indentation 2 ems to the left; (C) in subparagraph (Y)(ii)(V), by striking and at the end; (D) in subparagraph (Z)(iii), by striking the period and inserting, and; and (E) by inserting after subparagraph (Z) the following new subparagraph: (AA) in the case of a hospital, critical access hospital, or rural emergency hospital, to adopt and enforce a policy to ensure compliance with the requirements of subsection (l) and to meet the requirements of such subsection.. (2) Assistance to victims Section 1866 of the Social Security Act (42 U.S.C. 1395cc) is amended by adding at the end the following new subsection: (l) Compassionate assistance for rape emergencies (1) In general For purposes of subsection (a)(1)(AA), a hospital meets the requirements of this subsection if the hospital provides each of the services described in paragraph (2) to each 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, 2027, and— (A) who states to hospital personnel that they are victims of sexual assault; (B) who is accompanied by an individual who states to hospital personnel that the individual is a victim of sexual assault; or (C) whom hospital personnel, during the course of treatment and care for the individual, have reason to believe is a victim of sexual assault. (2) Required services described For purposes of paragraph (1), the services described in this subparagraph are the following: (A) Provision of medically and factually accurate and unbiased written and oral information about emergency contraception that— (i) is written in clear and concise language; (ii) is readily comprehensible; (iii) includes an explanation that emergency contraceptives— (I) have been approved by the Food and Drug Administration for individuals and are a safe and effective way to prevent pregnancy after unprotected intercourse or contraceptive failure if taken in a timely manner; (II) are more effective the sooner it is taken; and (III) do not cause an abortion and cannot interrupt an established pregnancy; (iv) meet such conditions regarding the provision of such information in languages other than English as the Secretary may establish; and (v) are provided without regard to the ability of the individual or their family to pay costs associated with the provision of such information to the individual. (B) Immediate offer to provide emergency contraception to the individual at the hospital and, in the case that such individual accepts such offer, immediate provision to such individual of such contraception on the same day it is requested without regard to the inability of the individual or their family to pay costs associated with the offer and provision of such contraception. (C) Development and implementation of a written policy to ensure that an individual is present at the hospital, or on-call, who— (i) has authority to dispense or prescribe emergency contraception, independently, or under a protocol prepared by a physician for the administration of emergency contraception at the hospital to a victim of sexual assault; and (ii) is trained to comply with the requirements of this section. (D) Provision of medically and factually accurate and unbiased written and oral information and counseling about post-exposure prophylaxis (referred to in this paragraph as PEP) protocol for the prevention of HIV. (E) Immediate offer to begin PEP to the individual at the hospital except in cases where the medical professional’s best judgement is that further evaluation is required or that such a regimen will be substantially detrimental to the health of such individual. Such provision shall be offered regardless of the individual’s ability to pay. Hospitals shall be responsible for ensuring adequate supply of PEP medications to provide to patients. (3) Hospital defined In this subsection, the term hospital has the meaning given such term in section 1861(e), except that for purposes of this subsection, such term shall include a critical access hospital (as defined in section 1861(mm)(1)) and a rural emergency hospital (as defined in section 1861(kkk)).. (b) Limitation on payment under Medicaid Section 1903(i) of the Social Security Act (42 U.S.C. 1396b(i)), as amended by section 4106(b)(2), is further amended— (1) in paragraph (27), by striking or after the semicolon; (2) in paragraph (28), by striking the period and inserting; or; and (3) by inserting after paragraph (28) the following new paragraph: (29) with respect to any amount expended for care or services furnished under the plan by a hospital on or after January 1, 2027, unless such hospital meets the requirements specified in section 1866(l) for purposes of title XVIII..