There are many federal laws and regulations that impact SANE programs. It is beyond the scope of this Guide to provide a detailed analysis of how each law may impact a SANE program. If your program receives federal financial assistance, the applicable federal civil rights laws will apply to all of the operations of your organization. If you are developing a program in a hospital, it is important to request that the in-house legal counsel and risk management director review the program's policies and procedures. If you are developing a program outside of a hospital, it is important to seek legal services to assist in the development of the business structure, facility licensing, hiring practices, and employer policies. It is essential to seek legal advice early in the process of developing a SANE program to ensure that the program is in compliance with all federal laws and regulations.
Table B: Federal Laws Impacting SANE Practice
Emergency Medical Treatment and Active Labor Act
|Provides emergency treatment and stabilization to anyone presenting to an emergency room with either an emergency medical condition or in active labor.
Heath Insurance Portability and Accountability Act (HIPAA)
|Describes how health care providers and other covered entities will maintain the privacy of patients’ protected health information. It also provides patients access to their protected health information.
Health Information Technology for Economic and Clinical Health (HITECH) Act
|Addresses the privacy and security concerns of electronic medical records.
Federal Child Abuse Reporting Laws
|Describes laws for reporting child abuse on federal lands or in federal facilities.
Americans with Disabilities Act
Protects the rights of persons with disabilities. This law protects all persons, including both patients and health care providers with disabilities.
Prohibits discrimination in both employment and in the delivery of services or benefits against persons with disabilities in state and local government services, public accommodations, or commercial facilities.
Title IX of the Education Amendments of 1972
|Prohibits discrimination on the basis of sex by any federally funded education program. The Amendments include rules and regulations related to the reporting and handling of sexual assault.
Section 504 Rehabilitation Act
|Prohibits discrimination based on disability by organizations receiving federal funding.
Prison Rape Elimination Act
|Provides direction to correctional facilities for the provision of care for inmates that report sexual assault.
Civil Rights Act, Title VI
|Prevents discrimination based on race, color, or nationality. Requires health care organizations receiving federal funds directly or indirectly from the U.S. Department of Health and Human Services (HHS) to take reasonable steps to ensure that persons with limited English proficiency have meaningful access to programs and activities.
|Prevents discrimination based on race, color, national origin, sex, age, or disability, under any health program or activity, any part of which is receiving federal financial assistance, or under any program or activity that is administered by an Executive Agency or any entity established under Title I of the Affordable Care Act or its amendments.
|Prevents discrimination based on age by programs receiving federal financial assistance.
The Violence Against Women Act (VAWA)
The Violence Against Women Act was originally enacted in 1994 and has been reauthorized by Congress three times, in 2000, 2005, and 2013. VAWA provides communities with tools to improve responses to victims of domestic violence, dating violence, sexual assault, and stalking, and enhances services available for victims.
Violence Against Women Acts of 1994, 2000, 2005, and 2013
Forensic Examination Payment