text: 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.
target: 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.
feat_title: To amend titles V and XIX of the Social Security Act and chapter 89 of title 5, United States Code, to provide coverage for domestic violence screening and treatment under the maternal and child health block grant program, the Medicaid Program, and the Federal employees health benefits program.