article: SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Domestic Violence Screening and Treatment Act of 2002''. (b) Findings.--Congress finds the following: (1) Nearly one-third of American women (31 percent) report being physically or sexually abused by a husband or boyfriend at some point in their lives, and about 1200 women are murdered every year by their intimate partner, nearly 3 each day. (2) 85 percent of violent victimizations are experienced by women. (3) 37 percent of all women who sought care in hospital emergency rooms for violence-related injuries were injured by a current or former spouse, boyfriend, or girlfriend. (4) In addition to injuries sustained during violent episodes, physical and psychological abuse are linked to a number of adverse physical health effects including arthritis, chronic neck or back pain, migraine and other frequent headaches, stammering, problems with vision, and sexually transmitted infections, including HIV/AIDS. (5) Medical services for abused women cost an estimated $857.3 million every year. (6) Each year, at least six percent of all pregnant women, about 240,000 pregnant women, in this country are battered by the men in their lives. This battering leads to complications of pregnancy, including low weight gain, anemia, infections, and first and second trimester bleeding. (7) Pregnant and recently pregnant women are more likely to be victims of homicide than to die of any other cause, and evidence exists that a significant proportion of all female homicide victims are killed by their intimate partners. (8) Children who witness domestic violence are more likely to exhibit behavioral and physical health problems including depression, anxiety, and violence towards peers. They are also more likely to attempt suicide, abuse drugs and alcohol, run away from home, engage in teenage prostitution, and commit sexual assault crimes. (9) Fifty percent of men who frequently assault their wives frequently assault their children. The U.S. Advisory Board on Child Abuse and Neglect suggests that domestic violence may be the single major precursor to child abuse and neglect fatalities in this country. (10) Currently, about 10 percent of primary care physicians routinely screen for intimate partner abuse during new patient visits and nine percent routinely screen during periodic checkups. (11) Recent clinical studies have proven the effectiveness of a 2-minute screening for early detection of abuse of pregnant women. Additional longitudinal studies have tested a 10-minute intervention that was proven highly effective in increasing the safety of pregnant abused women. Comparable research does not yet exist to support the effectiveness of screening men. (12) 70 to 81 percent of the patients studied reported that they would like their healthcare providers to ask them privately about intimate partner violence. SEC. 2. COVERAGE OF DOMESTIC VIOLENCE SCREENING AND TREATMENT UNDER THE MEDICAID PROGRAM. (a) In General.--Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended-- (1) in subsection (a)(26), by striking ``and'' at the end; (2) by redesignating paragraph (27) of subsection (a) as paragraph (28); and (3) by inserting after paragraph (26) of subsection (a) the following new paragraph: ``(27) domestic violence screening and treatment services (as defined in subsection (x));''; and (4) by adding at the end the following new subsection: ``(x) The term `domestic violence screening and treatment services' means the following services (as specified under the State plan) furnished by an attending health care provider (or, in the case of services described in paragraph (3), under arrangements between the provider and domestic violence experts) to women 18 years of age or older: ``(1) Routine verbal screening for domestic violence by a provider if the provider has not previously screened the patient or if the patient has been screened but the patient indicates that she is in a new relationship regardless of whether there are any clinical indicators or suspicion of abuse. ``(2) Danger assessment for women who positively identify for domestic violence, including an immediate safety assessment, an initial risk assessment, and follow-up risk assessments during subsequent visits. ``(3) Treatment relating to domestic violence, including the following: ``(A) Safety education to assist the patient in developing a plan to promote her safety and well-being, such as keeping an emergency kit, talking to someone, and arranging for a place to stay, and appropriate follow up. ``(B) Health education which provides written and verbal information about domestic violence, its impact on health, options for services, and any necessary follow up. ``(C) Psycho-social and counseling services that include an initial assessment, development of a plan of care, individual or group counseling (as needed), and follow-up assessment, treatment, or intervention. ``(D) Documentation of screening, assessment, treatment, referrals, injuries, and illnesses related to domestic violence and who inflicted them, using appropriate diagnostic codes and absolute confidentiality (except as required by applicable State law). ``(4) Referral and case coordination for additional services, including services from domestic violence programs, community agencies, and judicial and other systems.''. (b) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to services furnished on or after such date. SEC. 3. FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM. (a) In General.--Section 8902 of title 5, United States Code, is amended by adding at the end the following: ``(p)(1) A contract may not be made or a plan approved which does not include coverage for domestic violence screening and treatment services. ``(2) For purposes of this subsection, the term `domestic violence screening and treatment services' has the meaning given such term in section 1905(x) of the Social Security Act.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to contracts made, and plans approved, after the end of the 6- month period beginning on the date of the enactment of this Act. SEC. 4. MATERNAL AND CHILD HEALTH SERVICES BLOCK GRANT. (a) Requirement for Portion of Expenditures on Domestic Violence Screening and Treatment.--Section 505(a)(5) of the Social Security Act (42 U.S.C. 705(a)(5)) is amended-- (1) by striking ``and'' at the end of subparagraph (E); (2) by striking the period at the end of subparagraph (F) and inserting ``; and''; and (3) by inserting after subparagraph (F) the following new subparagraph: ``(G) the State will set aside a reasonable portion (based upon the State's previous use of funds under this title) of the funds provided for domestic violence screening and treatment services (as defined in section 1902(x)).''. (b) Preference in Certain Funding.--Section 502(b)(2) of such Act (42 U.S.C. 702(b)(2)) is amended by adding at the end the following new subparagraph: ``(C) Of the amounts retained for projects described in subparagraphs (A) through (F) of section 501(a)(3), the Secretary shall provide preference to qualified applicants which demonstrate that the activities to be carried out with such amounts includes training of providers in how to screen for, and treat, domestic violence and training that includes-- ``(i) identifying victims of domestic violence and maintaining complete medical records that include documentation of the examination, treatment given, and referrals made, and recording the location and nature of the victim's injuries; ``(ii) examining and treating such victims, within the scope of the health professional's discipline, training, and practice (including medical advice regarding the dynamics and nature of domestic violence); ``(iii) assessing the immediate and short-term safety of the victim and assisting the victim in developing a plan to promote his or her safety; and ``(iv) referring the victim to public and private nonprofit private entities that provide services for such victims.''. (c) Reporting Data.--Section 506(a)(2) of such Act (42 U.S.C. 706(a)(2)) is amended by adding at the end the following new subparagraph: ``(F) Information on how funds provided under this title are used to screen for and treat domestic violence.''. (d) Separate Program for Domestic Violence Screening and Treatment.--Title V of such Act is amended by adding at the end the following new section: ``separate program for domestic violence screening and treatment ``Sec. 511. (a) For the purpose described in subsection (b), the Secretary shall, for fiscal year 2003 and each subsequent fiscal year, allot to each State which has transmitted an application for the fiscal year under section 505(a) an amount equal to the product of ``(1) the amount appropriated in subsection (d) for the fiscal year; and ``(2) the percentage determined for the State under section 502(c)(1)(B)(ii). ``(b) The purpose of an allotment under subsection (a) to a State is to enable the State to provide for domestic violence screening and treatment, including the provision of domestic violence screening and treatment services (as defined in section 1905(x)), increasing the number of women screened, assessed, treated, and referred and including training of health care providers on how to identify and respond to victims of domestic violence. ``(c)(1) Sections 503, 507, and 508 apply to allotments under subsection (a) to the same extent and in the same manner as such sections apply to allotments under section 502(c). ``(2) Sections 505 and 506 apply to allotments under subsection (a) to the extent determined by the Secretary to be appropriate. ``(d) For the purpose of allotments under subsection (a), there is authorized to be appropriated for each fiscal year, beginning with fiscal year 2003, such sums as may be necessary.''. (e) Effective Date.--The amendments made by subsections (a) and (b) shall apply to fiscal years beginning after the date of the enactment of this Act and the amendment made by subsection (c) shall apply to annual reports submitted for such fiscal years.
summary: Domestic Violence Screening and Treatment Act of 2002 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to require that health benefits provided include coverage of domestic violence screening and treatment.Amends Federal civil service law to require the Office of Personal Management to require all contracted carriers of health coverage for Federal employees to include coverage for domestic violence screening and treatment services.Amends SSA title V (Maternal and Child Health Services) to require States to set aside a reasonable portion of maternal and child health services block grant funds to provide for domestic violence screening and treatment services. Authorizes the Secretary of Health and Human Services, with respect to such funds retained for certain projects, to provide preference to State applicants who include training of providers in how to screen for, and treat, domestic violence.Requires the Secretary to allot funds to States to provide for a separate program for domestic violence screening and treatment.