Illinois General Assembly - Full Text of HB5245
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Full Text of HB5245  100th General Assembly

HB5245sam001 100TH GENERAL ASSEMBLY

Sen. Julie A. Morrison

Filed: 5/14/2018

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 5245

2    AMENDMENT NO. ______. Amend House Bill 5245 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Sexual Assault Survivors Emergency
5Treatment Act is amended by changing Sections 1a, 2, 2.1, 2.2,
63, 5, 5.5, 6.1, 6.2, 6.4, 6.5, 6.6, 7, 7.5, 8, and 9 and by
7adding Sections 2.05, 2.06, 5.1, 5.2, 5.3, 5.4, 9.5, and 10 as
8follows:
 
9    (410 ILCS 70/1a)  (from Ch. 111 1/2, par. 87-1a)
10    Sec. 1a. Definitions. In this Act:
11    "Advanced practice registered nurse" has the meaning
12provided in Section 50-10 of the Nurse Practice Act.
13    "Ambulance provider" means an individual or entity that
14owns and operates a business or service using ambulances or
15emergency medical services vehicles to transport emergency
16patients.

 

 

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1    "Approved pediatric health care facility" means a health
2care facility, other than a hospital, with a sexual assault
3treatment plan approved by the Department to provide medical
4forensic services to pediatric sexual assault survivors who
5present with a complaint of sexual assault within a minimum of
6the last 7 days or who have disclosed past sexual assault by a
7specific individual and were in the care of that individual
8within a minimum of the last 7 days.
9    "Areawide sexual assault treatment plan" means a plan,
10developed by the hospitals or by hospitals and approved
11pediatric health care facilities in a the community or area to
12be served, which provides for medical forensic hospital
13emergency services to sexual assault survivors that shall be
14made available by each of the participating hospitals and
15approved pediatric health care facilities.
16    "Board-certified child abuse pediatrician" means a
17physician certified by the American Board of Pediatrics in
18child abuse pediatrics.
19    "Board-eligible child abuse pediatrician" means a
20physician who has completed the requirements set forth by the
21American Board of Pediatrics to take the examination for
22certification in child abuse pediatrics.
23    "Department" means the Department of Public Health.
24    "Emergency contraception" means medication as approved by
25the federal Food and Drug Administration (FDA) that can
26significantly reduce the risk of pregnancy if taken within 72

 

 

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1hours after sexual assault.
2    "Follow-up healthcare" means healthcare services related
3to a sexual assault, including laboratory services and pharmacy
4services, rendered within 90 days of the initial visit for
5medical forensic hospital emergency services.
6    "Forensic services" means the collection of evidence
7pursuant to a statewide sexual assault evidence collection
8program administered by the Department of State Police, using
9the Illinois State Police Sexual Assault Evidence Collection
10Kit.
11    "Health care professional" means a physician, a physician
12assistant, a sexual assault forensic examiner, or an advanced
13practice registered nurse, a registered professional nurse, a
14licensed practical nurse, or a sexual assault nurse examiner.
15    "Hospital" means a hospital licensed under the Hospital
16Licensing Act or operated under the University of Illinois
17Hospital Act, any outpatient center included in the hospital's
18sexual assault treatment plan where hospital employees provide
19medical forensic services, and an out-of-state hospital that
20has consented to the jurisdiction of the Department under
21Section 2.06 has the meaning given to that term in the Hospital
22Licensing Act.
23    "Hospital emergency services" means healthcare delivered
24to outpatients within or under the care and supervision of
25personnel working in a designated emergency department of a
26hospital, including, but not limited to, care ordered by such

 

 

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1personnel for a sexual assault survivor in the emergency
2department.
3    "Illinois State Police Sexual Assault Evidence Collection
4Kit" means a prepackaged set of materials and forms to be used
5for the collection of evidence relating to sexual assault. The
6standardized evidence collection kit for the State of Illinois
7shall be the Illinois State Police Sexual Assault Evidence
8Collection Kit.
9    "Law enforcement agency having jurisdiction" means the law
10enforcement agency in the jurisdiction where an alleged sexual
11assault or sexual abuse occurred.
12    "Licensed practical nurse" has the meaning provided in
13Section 50-10 of the Nurse Practice Act.
14    "Medical forensic services" means health care delivered to
15patients within or under the care and supervision of personnel
16working in a designated emergency department of a hospital or
17an approved pediatric health care facility. "Medical forensic
18services" includes, but is not limited to, taking a medical
19history, performing photo documentation, performing a physical
20and anogenital examination, assessing the patient for evidence
21collection, collecting evidence in accordance with a statewide
22sexual assault evidence collection program administered by the
23Department of State Police using the Illinois State Police
24Sexual Assault Evidence Collection Kit, if appropriate,
25assessing the patient for drug-facilitated or
26alcohol-facilitated sexual assault, providing an evaluation of

 

 

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1and care for sexually transmitted infection and human
2immunodeficiency virus (HIV), pregnancy risk evaluation and
3care, and discharge and follow-up healthcare planning.
4    "Pediatric health care facility" means a clinic or
5physician's office that provides medical services to pediatric
6patients.
7    "Pediatric sexual assault survivor" means a person under
8the age of 13 who presents for medical forensic services in
9relation to injuries or trauma resulting from a sexual assault.
10    "Photo documentation" means digital photographs or
11colposcope videos stored and backed-up securely in the original
12file format.
13    "Nurse" means a nurse licensed under the Nurse Practice
14Act.
15    "Physician" means a person licensed to practice medicine in
16all its branches.
17    "Physician assistant" has the meaning provided in Section 4
18of the Physician Assistant Practice Act of 1987.
19    "Prepubescent sexual assault survivor" means a female who
20is under the age of 18 years and has not had a first menstrual
21cycle or a male who is under the age of 18 years and has not
22started to develop secondary sex characteristics who presents
23for medical forensic services in relation to injuries or trauma
24resulting from a sexual assault.
25    "Qualified medical provider" means a board-certified child
26abuse pediatrician, board-eligible child abuse pediatrician, a

 

 

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1sexual assault forensic examiner, or a sexual assault nurse
2examiner who has access to photo documentation tools, and who
3participates in peer review.
4    "Registered Professional Nurse" has the meaning provided
5in Section 50-10 of the Nurse Practice Act.
6    "Sexual assault" means:
7        (1) an act of nonconsensual sexual conduct; as used in
8    this paragraph, "sexual conduct" has the meaning provided
9    under Section 11-0.1 of the Criminal Code of 2012; or
10        (2) any act of sexual penetration; as used in this
11    paragraph, "sexual penetration" has the meaning provided
12    under Section 11-0.1 of the Criminal Code of 2012 and
13    includes, or sexual penetration, as defined in Section
14    11-0.1 of the Criminal Code of 2012, including, without
15    limitation, acts prohibited under Sections 11-1.20 through
16    11-1.60 of the Criminal Code of 2012.
17    "Sexual assault forensic examiner" means a physician or
18physician assistant who has completed training that meets or is
19substantially similar to the Sexual Assault Nurse Examiner
20Education Guidelines established by the International
21Association of Forensic Nurses.
22    "Sexual assault nurse examiner" means an advanced practice
23registered nurse or registered professional nurse who has
24completed a sexual assault nurse examiner training program that
25meets the Sexual Assault Nurse Examiner Education Guidelines
26established by the International Association of Forensic

 

 

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1Nurses.
2    "Sexual assault services voucher" means a document
3generated by a hospital or approved pediatric health care
4facility at the time the sexual assault survivor receives
5outpatient medical forensic services that may be used to seek
6payment for any ambulance services, medical forensic services,
7laboratory services, pharmacy services, and follow-up
8healthcare provided as a result of the sexual assault.
9    "Sexual assault survivor" means a person who presents for
10medical forensic hospital emergency services in relation to
11injuries or trauma resulting from a sexual assault.
12    "Sexual assault transfer plan" means a written plan
13developed by a hospital and approved by the Department, which
14describes the hospital's procedures for transferring sexual
15assault survivors to another hospital, and an approved
16pediatric health care facility, if applicable, in order to
17receive medical forensic services emergency treatment.
18    "Sexual assault treatment plan" means a written plan
19developed by a hospital that describes the hospital's
20procedures and protocols for providing medical hospital
21emergency services and forensic services to sexual assault
22survivors who present themselves for such services, either
23directly or through transfer from a another hospital or an
24approved pediatric health care facility.
25    "Transfer hospital" means a hospital with a sexual assault
26transfer plan approved by the Department.

 

 

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1    "Transfer services" means the appropriate medical
2screening examination and necessary stabilizing treatment
3prior to the transfer of a sexual assault survivor to a
4hospital or an approved pediatric health care facility that
5provides medical hospital emergency services and forensic
6services to sexual assault survivors pursuant to a sexual
7assault treatment plan or areawide sexual assault treatment
8plan.
9    "Treatment hospital" means a hospital with a sexual assault
10treatment plan approved by the Department to provide medical
11forensic services to all sexual assault survivors who present
12with a complaint of sexual assault within a minimum of the last
137 days or who have disclosed past sexual assault by a specific
14individual and were in the care of that individual within a
15minimum of the last 7 days.
16    "Treatment hospital with approved pediatric transfer"
17means a hospital with a treatment plan approved by the
18Department to provide medical forensic services to sexual
19assault survivors 13 years old or older who present with a
20complaint of sexual assault within a minimum of the last 7 days
21or who have disclosed past sexual assault by a specific
22individual and were in the care of that individual within a
23minimum of the last 7 days.
24    "Voucher" means a document generated by a hospital at the
25time the sexual assault survivor receives hospital emergency
26and forensic services that a sexual assault survivor may

 

 

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1present to providers for follow-up healthcare.
2(Source: P.A. 99-454, eff. 1-1-16; 99-801, eff. 1-1-17;
3100-513, eff. 1-1-18.)
 
4    (410 ILCS 70/2)  (from Ch. 111 1/2, par. 87-2)
5    Sec. 2. Hospital and approved pediatric health care
6facility requirements for sexual assault plans.
7    (a) Every hospital required to be licensed by the
8Department pursuant to the Hospital Licensing Act, or operated
9under the University of Illinois Hospital Act that approved
10July 1, 1953, as now or hereafter amended, which provides
11general medical and surgical hospital services shall provide
12either (i) transfer services to all sexual assault survivors,
13or (ii) medical hospital emergency services and forensic
14services to all sexual assault survivors, or (iii) transfer
15services to pediatric sexual assault survivors and medical
16forensic services to sexual assault survivors 13 years old or
17older, in accordance with rules and regulations adopted by the
18Department, to all sexual assault survivors who apply for
19either (i) transfer services or (ii) hospital emergency
20services and forensic services in relation to injuries or
21trauma resulting from the sexual assault.
22    In addition, every such hospital, regardless of whether or
23not a request is made for reimbursement, shall submit to the
24Department a plan to provide either (i) transfer services to
25all sexual assault survivors, or (ii) medical hospital

 

 

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1emergency services and forensic services to all sexual assault
2survivors, or (iii) transfer services to pediatric sexual
3assault survivors and medical forensic services to sexual
4assault survivors 13 years old or older. Such plan shall be
5submitted within 60 days after receipt of the Department's
6request for this plan, to the Department for approval prior to
7such plan becoming effective. The Department shall approve such
8plan for either (i) transfer services to all sexual assault
9survivors, or (ii) medical hospital emergency services and
10forensic services to all sexual assault survivors, or (iii)
11transfer services to pediatric sexual assault survivors and
12medical forensic services to sexual assault survivors 13 years
13old or older, if it finds that the implementation of the
14proposed plan would provide adequate (i) transfer services or
15(ii) medical hospital emergency services and forensic services
16for sexual assault survivors in accordance with the
17requirements of this Act and provide sufficient protections
18from the risk of pregnancy to sexual assault survivors.
19    The Department may not approve a sexual assault transfer
20plan unless a treatment hospital has agreed, as a part of an
21areawide treatment plan, to accept sexual assault survivors
22from the proposed transfer hospital and a transfer to the
23treatment hospital would not unduly burden the sexual assault
24survivor.
25    In counties with a population of less than 1,000,000, the
26Department may not approve a sexual assault transfer plan for a

 

 

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1hospital located within a 20-mile radius of a 4-year public
2university, not including community colleges, unless there is a
3treatment hospital with a sexual assault treatment plan
4approved by the Department within a 20-mile radius of the
54-year public university.
6    A transfer must be in accordance with federal and State
7laws and local ordinances.
8    A treatment hospital with approved pediatric transfer must
9submit an areawide treatment plan under Section 3 of this Act
10that includes a written agreement with a treatment hospital
11stating that the treatment hospital will provide medical
12forensic services to pediatric sexual assault survivors
13transferred from the treatment hospital with approved
14pediatric transfer. The areawide treatment plan may also
15include an approved pediatric health care facility.
16    A transfer hospital must submit an areawide treatment plan
17under Section 3 of this Act that includes a written agreement
18with a treatment hospital stating that the treatment hospital
19will provide medical forensic services to all sexual assault
20survivors transferred from the transfer hospital. The areawide
21treatment plan may also include an approved pediatric health
22care facility.
23    Beginning January 1, 2019, each treatment hospital and
24treatment hospital with approved pediatric transfer shall
25ensure that emergency department attending physicians,
26physician assistants, advanced practice registered nurses, and

 

 

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1registered professional nurses providing clinical services,
2who do not meet the definition of a qualified medical provider
3in Section 1a of this Act, receive a minimum of 2 hours of
4sexual assault training by July 1, 2020 or until the treatment
5hospital or treatment hospital with approved pediatric
6transfer certifies to the Department, in a form and manner
7prescribed by the Department, that it employs or contracts with
8a qualified medical provider in accordance with subsection
9(a-7) of Section 5, whichever occurs first.
10    After July 1, 2020 or once a treatment hospital or a
11treatment hospital with approved pediatric transfer certifies
12compliance with subsection (a-7) of Section 5, whichever occurs
13first, each treatment hospital and treatment hospital with
14approved pediatric transfer shall ensure that emergency
15department attending physicians, physician assistants,
16advanced practice registered nurses, and registered
17professional nurses providing clinical services, who do not
18meet the definition of a qualified medical provider in Section
191a of this Act, receive a minimum of 2 hours of continuing
20education on responding to sexual assault survivors every 2
21years. Protocols for training shall be included in the
22hospital's sexual assault treatment plan.
23    Sexual assault training provided under this subsection may
24be provided in person or online and shall include, but not be
25limited to:
26        (1) information provided on the provision of medical

 

 

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1    forensic services;
2        (2) information on the use of the Illinois Sexual
3    Assault Evidence Collection Kit;
4        (3) information on sexual assault epidemiology,
5    neurobiology of trauma, drug-facilitated sexual assault,
6    child sexual abuse, and Illinois sexual assault-related
7    laws; and
8        (4) information on the hospital's sexual
9    assault-related policies and procedures.
10    The online training made available by the Office of the
11Attorney General under subsection (b) of Section 10 may be used
12to comply with this subsection.
13    (b) An approved pediatric health care facility may provide
14medical forensic services, in accordance with rules adopted by
15the Department, to all pediatric sexual assault survivors who
16present for medical forensic services in relation to injuries
17or trauma resulting from a sexual assault. These services shall
18be provided by a qualified medical provider.
19    A pediatric health care facility must participate in or
20submit an areawide treatment plan under Section 3 of this Act
21that includes a treatment hospital. If a pediatric health care
22facility does not provide certain medical or surgical services
23that are provided by hospitals, the areawide sexual assault
24treatment plan must include a procedure for ensuring a sexual
25assault survivor in need of such medical or surgical services
26receives the services at the treatment hospital. The areawide

 

 

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1treatment plan may also include a treatment hospital with
2approved pediatric transfer.
3    The Department shall review a proposed sexual assault
4treatment plan submitted by a pediatric health care facility
5within 60 days after receipt of the plan. If the Department
6finds that the proposed plan meets the minimum requirements set
7forth in Section 5 of this Act and that implementation of the
8proposed plan would provide medical forensic services for
9pediatric sexual assault survivors, then the Department shall
10approve the plan. If the Department does not approve a plan,
11then the Department shall notify the pediatric health care
12facility that the proposed plan has not been approved. The
13pediatric health care facility shall have 30 days to submit a
14revised plan. The Department shall review the revised plan
15within 30 days after receipt of the plan and notify the
16pediatric health care facility whether the revised plan is
17approved or rejected. A pediatric health care facility may not
18provide medical forensic services to pediatric sexual assault
19survivors who present with a complaint of sexual assault within
20a minimum of the last 7 days or who have disclosed past sexual
21assault by a specific individual and were in the care of that
22individual within a minimum of the last 7 days until the
23Department has approved a treatment plan.
24    If an approved pediatric health care facility is not open
2524 hours a day, 7 days a week, it shall post signage at each
26public entrance to its facility that:

 

 

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1        (1) is at least 14 inches by 14 inches in size;
2        (2) directs those seeking services as follows: "If
3    closed, call 911 for services or go to the closest hospital
4    emergency department, (insert name) located at (insert
5    address).";
6        (3) lists the approved pediatric health care
7    facility's hours of operation;
8        (4) lists the street address of the building;
9        (5) has a black background with white bold capital
10    lettering in a clear and easy to read font that is at least
11    72-point type, and with "call 911" in at least 125-point
12    type;
13        (6) is posted clearly and conspicuously on or adjacent
14    to the door at each entrance and, if building materials
15    allow, is posted internally for viewing through glass; if
16    posted externally, the sign shall be made of
17    weather-resistant and theft-resistant materials,
18    non-removable, and adhered permanently to the building;
19    and
20        (7) has lighting that is part of the sign itself or is
21    lit with a dedicated light that fully illuminates the sign.
22    A copy of the proposed sign must be submitted to the
23Department and approved as part of the approved pediatric
24health care facility's sexual assault treatment plan.
25    (c) Each treatment hospital, treatment hospital with
26approved pediatric transfer, and approved pediatric health

 

 

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1care facility must enter into a memorandum of understanding
2with a rape crisis center for medical advocacy services, if
3these services are available to the treatment hospital,
4treatment hospital with approved pediatric transfer, or
5approved pediatric health care facility. With the consent of
6the sexual assault survivor, a rape crisis counselor shall
7remain in the exam room during the collection for forensic
8evidence.
9    (d) Every treatment hospital, treatment hospital with
10approved pediatric transfer, and approved pediatric health
11care facility's sexual assault treatment plan shall include
12procedures for complying with mandatory reporting requirements
13pursuant to (1) the Abused and Neglected Child Reporting Act;
14(2) the Abused and Neglected Long Term Care Facility Residents
15Reporting Act; (3) the Adult Protective Services Act; and (iv)
16the Criminal Identification Act.
17    (e) Each treatment hospital, treatment hospital with
18approved pediatric transfer, and approved pediatric health
19care facility shall submit to the Department every 6 months, in
20a manner prescribed by the Department, the following
21information:
22        (1) The total number of patients who presented with a
23    complaint of sexual assault.
24        (2) The total number of Illinois Sexual Assault
25    Evidence Collection Kits:
26            (A) offered to (i) all sexual assault survivors and

 

 

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1        (ii) pediatric sexual assault survivors pursuant to
2        paragraph (1.5) of subsection (a-5) of Section 5;
3            (B) completed for (i) all sexual assault survivors
4        and (ii) pediatric sexual assault survivors; and
5            (C) declined by (i) all sexual assault survivors
6        and (ii) pediatric sexual assault survivors.
7    This information shall be made available on the
8Department's website.
9    The Department shall periodically conduct on site reviews
10of such approved plans with hospital personnel to insure that
11the established procedures are being followed.
12    On January 1, 2007, and each January 1 thereafter, the
13Department shall submit a report to the General Assembly
14containing information on the hospitals in this State that have
15submitted a plan to provide either (i) transfer services or
16(ii) hospital emergency services and forensic services to
17sexual assault survivors. The Department shall post on its
18Internet website the report required in this Section. The
19report shall include all of the following:
20        (1) A list of all hospitals that have submitted a plan.
21        (2) A list of hospitals whose plans have been found by
22    the Department to be in compliance with this Act.
23        (3) A list of hospitals that have failed to submit an
24    acceptable Plan of Correction within the time required by
25    Section 2.1 of this Act.
26        (4) A list of hospitals at which the periodic site

 

 

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1    review required by this Act has been conducted.
2When a hospital listed as noncompliant under item (3) of this
3Section submits and implements the required Plan of Correction,
4the Department shall immediately update the report on its
5Internet website to reflect that hospital's compliance.
6(Source: P.A. 94-762, eff. 5-12-06; 95-432, eff. 1-1-08.)
 
7    (410 ILCS 70/2.05 new)
8    Sec. 2.05. Department requirements.
9    (a) The Department shall periodically conduct on-site
10reviews of approved sexual assault treatment plans with
11hospital and approved pediatric health care facility personnel
12to ensure that the established procedures are being followed.
13Department personnel conducting the on-site reviews shall
14attend 4 hours of sexual assault training conducted by a
15qualified medical provider that includes, but is not limited
16to, forensic evidence collection provided to sexual assault
17survivors of any age and Illinois sexual assault-related laws
18and administrative rules.
19    (b) On July 1, 2019 and each July 1 thereafter, the
20Department shall submit a report to the General Assembly
21containing information on the hospitals and pediatric health
22care facilities in this State that have submitted a plan to
23provide: (i) transfer services to all sexual assault survivors,
24(ii) medical forensic services to all sexual assault survivors,
25(iii) transfer services to pediatric sexual assault survivors

 

 

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1and medical forensic services to sexual assault survivors 13
2years old or older, or (iv) medical forensic services to
3pediatric sexual assault survivors. The Department shall post
4the report on its Internet website on or before October 1, 2019
5and, except as otherwise provided in this Section, update the
6report every quarter thereafter. The report shall include all
7of the following:
8        (1) Each hospital and pediatric care facility that has
9    submitted a plan, including the submission date of the
10    plan, type of plan submitted, and the date the plan was
11    approved or denied. If a pediatric health care facility
12    withdraws its plan, the Department shall immediately
13    update the report on its Internet website to remove the
14    pediatric health care facility's name and information.
15        (2) Each hospital that has failed to submit a plan as
16    required in subsection (a) of Section 2.
17        (3) Each hospital and approved pediatric care facility
18    that has to submit an acceptable Plan of Correction within
19    the time required by Section 2.1, including the date the
20    Plan of Correction was required to be submitted. Once a
21    hospital or approved pediatric health care facility
22    submits and implements the required Plan of Correction, the
23    Department shall immediately update the report on its
24    Internet website to reflect that hospital or approved
25    pediatric health care facility's compliance.
26        (4) Each hospital and approved pediatric care facility

 

 

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1    at which the periodic on-site review required by Section
2    2.05 of this Act has been conducted, including the date of
3    the on-site review and whether the hospital or approved
4    pediatric care facility was found to be in compliance with
5    its approved plan.
6        (5) Each areawide treatment plan submitted to the
7    Department pursuant to Section 3 of this Act, including
8    which treatment hospitals, treatment hospitals with
9    approved pediatric transfer, transfer hospitals and
10    approved pediatric health care facilities are identified
11    in each areawide treatment plan.
12    (c) The Department, in consultation with the Office of the
13Attorney General, shall adopt administrative rules by January
141, 2020 establishing a process for physicians and physician
15assistants to provide documentation of training and clinical
16experience that meets or is substantially similar to the Sexual
17Assault Nurse Examiner Education Guidelines established by the
18International Association of Forensic Nurses in order to
19qualify as a sexual assault forensic examiner.
 
20    (410 ILCS 70/2.06 new)
21    Sec. 2.06. Consent to jurisdiction. A pediatric health care
22facility that submits a plan to the Department for approval
23under Section 2 or an out-of-state hospital that submits an
24areawide treatment plan in accordance with subsection (b) of
25Section 5.4 consents to the jurisdiction and oversight of the

 

 

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1Department, including, but not limited to, inspections,
2investigations, and evaluations arising out of complaints
3relevant to this Act made to the Department. A pediatric health
4care facility that submits a plan to the Department for
5approval under Section 2 or an out-of-state hospital that
6submits an areawide treatment plan in accordance with
7subsection (b) of Section 5.4 shall be deemed to have given
8consent to annual inspections, surveys, or evaluations
9relevant to this Act by properly identified personnel of the
10Department or by such other properly identified persons,
11including local health department staff, as the Department may
12designate. In addition, representatives of the Department
13shall have access to and may reproduce or photocopy any books,
14records, and other documents maintained by the pediatric health
15care facility or the facility's representatives or the
16out-of-state hospital or the out-of-state hospital's
17representative to the extent necessary to carry out this Act.
18No representative, agent, or person acting on behalf of the
19pediatric health care facility or out-of-state hospital in any
20manner shall intentionally prevent, interfere with, or attempt
21to impede in any way any duly authorized investigation and
22enforcement of this Act. The Department shall have the power to
23adopt rules to carry out the purpose of regulating a pediatric
24health care facility or out-of-state hospital. In carrying out
25oversight of a pediatric health care facility or an
26out-of-state hospital, the Department shall respect the

 

 

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1confidentiality of all patient records, including by complying
2with the patient record confidentiality requirements set out in
3Section 6.14b of the Hospital Licensing Act.
 
4    (410 ILCS 70/2.1)  (from Ch. 111 1/2, par. 87-2.1)
5    Sec. 2.1. Plan of correction; penalties.
6    (a) If the Department surveyor determines that the hospital
7or approved pediatric health care facility is not in compliance
8with its approved plan, the surveyor shall provide the hospital
9or approved pediatric health care facility with a written list
10of the specific items of noncompliance within 10 working days
11after the conclusion of the on site review. The hospital shall
12have 10 working days to submit to the Department a plan of
13correction which contains the hospital's or approved pediatric
14health care facility's specific proposals for correcting the
15items of noncompliance. The Department shall review the plan of
16correction and notify the hospital in writing within 10 working
17days as to whether the plan is acceptable or unacceptable.
18    If the Department finds the Plan of Correction
19unacceptable, the hospital or approved pediatric health care
20facility shall have 10 working days to resubmit an acceptable
21Plan of Correction. Upon notification that its Plan of
22Correction is acceptable, a hospital or approved pediatric
23health care facility shall implement the Plan of Correction
24within 60 days.
25    (b) The failure of a hospital to submit an acceptable Plan

 

 

10000HB5245sam001- 23 -LRB100 20715 MJP 40025 a

1of Correction or to implement the Plan of Correction, within
2the time frames required in this Section, will subject a
3hospital to the imposition of a fine by the Department. The
4Department may impose a fine of up to $500 per day until a
5hospital complies with the requirements of this Section.
6    If an approved pediatric health care facility fails to
7submit an acceptable Plan of Correction or to implement the
8Plan of Correction within the time frames required in this
9Section, then the Department shall notify the approved
10pediatric health care facility that the approved pediatric
11health care facility may not provide medical forensic services
12under this Act. The Department may impose a fine of up to $500
13per patient provided services in violation of this Act.
14    (c) Before imposing a fine pursuant to this Section, the
15Department shall provide the hospital or approved pediatric
16health care facility via certified mail with written notice and
17an opportunity for an administrative hearing. Such hearing must
18be requested within 10 working days after receipt of the
19Department's Notice. All hearings shall be conducted in
20accordance with the Department's rules in administrative
21hearings.
22(Source: P.A. 94-762, eff. 5-12-06; 95-432, eff. 1-1-08.)
 
23    (410 ILCS 70/2.2)
24    Sec. 2.2. Emergency contraception.
25    (a) The General Assembly finds:

 

 

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1        (1) Crimes of sexual assault and sexual abuse cause
2    significant physical, emotional, and psychological trauma
3    to the victims. This trauma is compounded by a victim's
4    fear of becoming pregnant and bearing a child as a result
5    of the sexual assault.
6        (2) Each year over 32,000 women become pregnant in the
7    United States as the result of rape and approximately 50%
8    of these pregnancies end in abortion.
9        (3) As approved for use by the Federal Food and Drug
10    Administration (FDA), emergency contraception can
11    significantly reduce the risk of pregnancy if taken within
12    72 hours after the sexual assault.
13        (4) By providing emergency contraception to rape
14    victims in a timely manner, the trauma of rape can be
15    significantly reduced.
16    (b) Every Within 120 days after the effective date of this
17amendatory Act of the 92nd General Assembly, every hospital or
18approved pediatric health care facility providing services to
19sexual assault survivors in accordance with a plan approved
20under Section 2 must develop a protocol that ensures that each
21survivor of sexual assault will receive medically and factually
22accurate and written and oral information about emergency
23contraception; the indications and contraindications
24counter-indications and risks associated with the use of
25emergency contraception; and a description of how and when
26victims may be provided emergency contraception at no cost upon

 

 

10000HB5245sam001- 25 -LRB100 20715 MJP 40025 a

1the written order of a physician licensed to practice medicine
2in all its branches, a licensed advanced practice registered
3nurse, or a licensed physician assistant. The Department shall
4approve the protocol if it finds that the implementation of the
5protocol would provide sufficient protection for survivors of
6sexual assault.
7    The hospital or approved pediatric health care facility
8shall implement the protocol upon approval by the Department.
9The Department shall adopt rules and regulations establishing
10one or more safe harbor protocols and setting minimum
11acceptable protocol standards that hospitals may develop and
12implement. The Department shall approve any protocol that meets
13those standards. The Department may provide a sample acceptable
14protocol upon request.
15(Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18.)
 
16    (410 ILCS 70/3)  (from Ch. 111 1/2, par. 87-3)
17    Sec. 3. Areawide sexual assault treatment plans;
18submission. Hospitals and approved pediatric health care
19facilities in the area to be served may develop and participate
20in areawide plans that shall describe the medical hospital
21emergency services and forensic services to sexual assault
22survivors that each participating hospital and approved
23pediatric health care facility has agreed to make available.
24Each hospital and approved pediatric health care facility
25participating in such a plan shall provide such services as it

 

 

10000HB5245sam001- 26 -LRB100 20715 MJP 40025 a

1is designated to provide in the plan agreed upon by the
2participants. An areawide plan Areawide plans may include
3treatment hospitals, treatment hospitals with approved
4pediatric transfer, transfer hospitals, approved pediatric
5health care facilities, or out-of-state hospitals as provided
6in Section 5.4 hospital transfer plans. All areawide plans
7shall be submitted to the Department for approval, prior to
8becoming effective. The Department shall approve a proposed
9plan if it finds that the minimum requirements set forth in
10Section 5 and implementation of the plan would provide for
11appropriate medical hospital emergency services and forensic
12services for the people of the area to be served.
13(Source: P.A. 95-432, eff. 1-1-08.)
 
14    (410 ILCS 70/5)  (from Ch. 111 1/2, par. 87-5)
15    Sec. 5. Minimum requirements for medical forensic services
16provided to sexual assault survivors by hospitals and approved
17pediatric health care facilities providing hospital emergency
18services and forensic services to sexual assault survivors.
19    (a) Every hospital and approved pediatric health care
20facility providing medical hospital emergency services and
21forensic services to sexual assault survivors under this Act
22shall, as minimum requirements for such services, provide, with
23the consent of the sexual assault survivor, and as ordered by
24the attending physician, an advanced practice registered
25nurse, or a physician assistant, the services set forth in

 

 

10000HB5245sam001- 27 -LRB100 20715 MJP 40025 a

1subsection (a-5). following:
2    Beginning January 1, 2022, a qualified medical provider
3must provide the services set forth in subsection (a-5).
4    (a-5) A treatment hospital, a treatment hospital with
5approved pediatric transfer, or an approved pediatric health
6care facility shall provide the following services in
7accordance with subsection (a):
8        (1) Appropriate appropriate medical forensic services
9    without delay, in a private, age-appropriate or
10    developmentally-appropriate space, examinations and
11    laboratory tests required to ensure the health, safety, and
12    welfare of a sexual assault survivor and or which may be
13    used as evidence in a criminal proceeding against a person
14    accused of the sexual assault, in a proceeding under the
15    Juvenile Court Act of 1987, or in an investigation under
16    the Abused and Neglected Child Reporting Act. , or both; and
17    records of the results of such examinations and tests shall
18    be maintained by the hospital and made available to law
19    enforcement officials upon the request of the sexual
20    assault survivor;
21        Records of medical forensic services, including
22    results of examinations and tests, the Illinois State
23    Police Medical Forensic Documentation Forms, the Illinois
24    State Police Patient Discharge Materials, and the Illinois
25    State Police Patient Consent: Collect and Test Evidence or
26    Collect and Hold Evidence Form, shall be maintained by the

 

 

10000HB5245sam001- 28 -LRB100 20715 MJP 40025 a

1    hospital or approved pediatric health care facility as part
2    of the patient's electronic medical record.
3        Records of medical forensic services of sexual assault
4    survivors under the age of 18 shall be retained by the
5    hospital for a period of 60 years after the sexual assault
6    survivor reaches the age of 18. Records of medical forensic
7    services of sexual assault survivors 18 years of age or
8    older shall be retained by the hospital for a period of 20
9    years after the date the record was created.
10        Records of medical forensic services may only be
11    disseminated in accordance with Section 6.5 of this Act and
12    other State and federal law.
13        (1.5) An offer to complete the Illinois Sexual Assault
14    Evidence Collection Kit for any sexual assault survivor who
15    presents within a minimum of the last 7 days of the assault
16    or who has disclosed past sexual assault by a specific
17    individual and was in the care of that individual within a
18    minimum of the last 7 days.
19            (A) Appropriate oral and written information
20        concerning evidence-based guidelines for the
21        appropriateness of evidence collection depending on
22        the sexual development of the sexual assault survivor,
23        the type of sexual assault, and the timing of the
24        sexual assault shall be provided to the sexual assault
25        survivor. Evidence collection is encouraged for
26        prepubescent sexual assault survivors who present to a

 

 

10000HB5245sam001- 29 -LRB100 20715 MJP 40025 a

1        hospital or approved pediatric health care facility
2        with a complaint of sexual assault within a minimum of
3        96 hours after the sexual assault.
4            Before January 1, 2022, the information required
5        under this subparagraph shall be provided in person by
6        the health care professional providing medical
7        forensic services directly to the sexual assault
8        survivor.
9            On and after January 1, 2022, the information
10        required under this subparagraph shall be provided in
11        person by the qualified medical provider providing
12        medical forensic services directly to the sexual
13        assault survivor.
14            The written information provided shall be the
15        information created in accordance with Section 10 of
16        this Act.
17            (B) Following the discussion regarding the
18        evidence-based guidelines for evidence collection in
19        accordance with subparagraph (A), evidence collection
20        must be completed at the sexual assault survivor's
21        request. A sexual assault nurse examiner conducting an
22        examination using the Illinois State Police Sexual
23        Assault Evidence Collection Kit may do so without the
24        presence or participation of a physician.
25        (2) Appropriate appropriate oral and written
26    information concerning the possibility of infection,

 

 

10000HB5245sam001- 30 -LRB100 20715 MJP 40025 a

1    sexually transmitted infection, including an evaluation of
2    the sexual assault survivor's risk of contracting human
3    immunodeficiency virus (HIV) from sexual assault, disease
4    and pregnancy resulting from sexual assault. ;
5        (3) Appropriate appropriate oral and written
6    information concerning accepted medical procedures,
7    laboratory tests, medication, and possible
8    contraindications of such medication available for the
9    prevention or treatment of infection or disease resulting
10    from sexual assault. ;
11        (4) An an amount of medication, including HIV
12    prophylaxis, for treatment at the hospital or approved
13    pediatric health care facility and after discharge as is
14    deemed appropriate by the attending physician, an advanced
15    practice registered nurse, or a physician assistant in
16    accordance with the Centers for Disease Control and
17    Prevention guidelines and consistent with the hospital's
18    or approved pediatric health care facility's current
19    approved protocol for sexual assault survivors. ;
20        (5) Photo documentation of the sexual assault
21    survivor's injuries, anatomy involved in the assault, or
22    other visible evidence on the sexual assault survivor's
23    body to supplement the medical forensic history and written
24    documentation of physical findings and evidence beginning
25    July 1, 2019. Photo documentation does not replace written
26    documentation of the injury. an evaluation of the sexual

 

 

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1    assault survivor's risk of contracting human
2    immunodeficiency virus (HIV) from the sexual assault;
3        (6) Written written and oral instructions indicating
4    the need for follow-up examinations and laboratory tests
5    after the sexual assault to determine the presence or
6    absence of sexually transmitted infection. disease;
7        (7) Referral referral by hospital or approved
8    pediatric health care facility personnel for appropriate
9    counseling. ; and
10        (8) Medical advocacy services provided by a rape crisis
11    counselor whose communications are protected under Section
12    8-802.1 of the Code of Civil Procedure, if there is a
13    memorandum of understanding between the hospital or
14    approved pediatric health care facility and a rape crisis
15    center. With the consent of the sexual assault survivor, a
16    rape crisis counselor shall remain in the exam room during
17    the medical forensic examination. when HIV prophylaxis is
18    deemed appropriate, an initial dose or doses of HIV
19    prophylaxis, along with written and oral instructions
20    indicating the importance of timely follow-up healthcare.
21        (9) Written information regarding services provided by
22    a Children's Advocacy Center and rape crisis center, if
23    applicable.
24    (a-7) By January 1, 2022, every hospital with a treatment
25plan approved by the Department shall employ or contract with a
26qualified medical provider to initiate medical forensic

 

 

10000HB5245sam001- 32 -LRB100 20715 MJP 40025 a

1services to a sexual assault survivor within 90 minutes of the
2patient presenting to the treatment hospital or treatment
3hospital with approved pediatric transfer. The provision of
4medical forensic services by a qualified medical provider shall
5not delay the provision of life-saving medical care.
6    (b) Any person who is a sexual assault survivor who seeks
7medical emergency hospital services and forensic services or
8follow-up healthcare under this Act shall be provided such
9services without the consent of any parent, guardian,
10custodian, surrogate, or agent. If a sexual assault survivor is
11unable to consent to medical forensic services, the services
12may be provided under the Consent by Minors to Medical
13Procedures Act, the Health Care Surrogate Act, or other
14applicable State and federal laws.
15    (b-5) Every treating hospital or approved pediatric health
16care facility providing medical hospital emergency and
17forensic services to sexual assault survivors shall issue a
18voucher to any sexual assault survivor who is eligible to
19receive one in accordance with Section 5.2 of this Act. The
20hospital shall make a copy of the voucher and place it in the
21medical record of the sexual assault survivor. The hospital
22shall provide a copy of the voucher to the sexual assault
23survivor after discharge upon request.
24    (c) Nothing in this Section creates a physician-patient
25relationship that extends beyond discharge from the hospital or
26approved pediatric health care facility emergency department.

 

 

10000HB5245sam001- 33 -LRB100 20715 MJP 40025 a

1(Source: P.A. 99-173, eff. 7-29-15; 99-454, eff. 1-1-16;
299-642, eff. 7-28-16; 100-513, eff. 1-1-18.)
 
3    (410 ILCS 70/5.1 new)
4    Sec. 5.1. Storage, retention, and dissemination of photo
5documentation relating to medical forensic services. Photo
6documentation taken during a medical forensic examination
7shall be maintained by the hospital or approved pediatric
8health care facility as part of the patient's medical record.
9    Photo documentation shall be stored and backed up securely
10in its original file format in accordance with facility
11protocol. The facility protocol shall require limited access to
12the images and be included in the sexual assault treatment plan
13submitted to the Department.
14    Photo documentation of a sexual assault survivor under the
15age of 18 shall be retained for a period of 60 years after the
16sexual assault survivor reaches the age of 18. Photo
17documentation of a sexual assault survivor 18 years of age or
18older shall be retained for a period of 20 years after the
19record was created.
20    Photo documentation of the sexual assault survivor's
21injuries, anatomy involved in the assault, or other visible
22evidence on the sexual assault survivor's body may be used for
23peer review, expert second opinion, or in a criminal proceeding
24against a person accused of sexual assault, a proceeding under
25the Juvenile Court Act of 1987, or in an investigation under

 

 

10000HB5245sam001- 34 -LRB100 20715 MJP 40025 a

1the Abused and Neglected Child Reporting Act. Any dissemination
2of photo documentation, including for peer review, an expert
3second opinion, or in any court or administrative proceeding or
4investigation, must be in accordance with State and federal
5law.
 
6    (410 ILCS 70/5.2 new)
7    Sec. 5.2. Sexual assault services voucher.
8    (a) A sexual assault services voucher shall be issued by a
9treatment hospital, treatment hospital with approved pediatric
10transfer, or approved pediatric health care facility at the
11time a sexual assault survivor receives medical forensic
12services.
13    (b) Each treatment hospital, treatment hospital with
14approved pediatric transfer, and approved pediatric health
15care facility must include in its sexual assault treatment plan
16submitted to the Department in accordance with Section 2 of
17this Act a protocol for issuing sexual assault services
18vouchers. The protocol shall, at a minimum, include the
19following:
20        (1) Identification of employee positions responsible
21    for issuing sexual assault services vouchers.
22        (2) Identification of employee positions with access
23    to the Medical Electronic Data Interchange or successor
24    system.
25        (3) A statement to be signed by each employee of an

 

 

10000HB5245sam001- 35 -LRB100 20715 MJP 40025 a

1    approved pediatric health care facility with access to the
2    Medical Electronic Data Interchange or successor system
3    affirming that the Medical Electronic Data Interchange or
4    successor system will only be used for the purpose of
5    issuing sexual assault services vouchers.
6    (c) A sexual assault services voucher may be used to seek
7payment for any ambulance services, medical forensic services,
8laboratory services, pharmacy services, and follow-up
9healthcare provided as a result of the sexual assault.
10    (d) Any treatment hospital, treatment hospital with
11approved pediatric transfer, approved pediatric health care
12facility, health care professional, ambulance provider,
13laboratory, or pharmacy may submit a bill for services provided
14to a sexual assault survivor as a result of a sexual assault to
15the Department of Healthcare and Family Services Sexual Assault
16Emergency Treatment Program. The bill shall include:
17        (1) the name and date of birth of the sexual assault
18    survivor;
19        (2) the service provided;
20        (3) the charge of service;
21        (4) the date the service was provided; and
22        (5) the recipient identification number, if known.
23    A health care professional, ambulance provider,
24laboratory, or pharmacy is not required to submit a copy of the
25sexual assault services voucher.
26    The Department of Healthcare and Family Services Sexual

 

 

10000HB5245sam001- 36 -LRB100 20715 MJP 40025 a

1Assault Emergency Treatment Program shall electronically
2verify, using the Medical Electronic Data Interchange or a
3successor system, that a sexual assault services voucher was
4issued to a sexual assault survivor prior to issuing payment
5for the services.
6    If a sexual assault services voucher was not issued to a
7sexual assault survivor by the treatment hospital, treatment
8hospital with approved pediatric transfer, or approved
9pediatric health care facility, then a health care
10professional, ambulance provider, laboratory, or pharmacy may
11submit a request to the Department of Healthcare and Family
12Services Sexual Assault Emergency Treatment Program to issue a
13sexual assault services voucher.
 
14    (410 ILCS 70/5.3 new)
15    Sec. 5.3. Pediatric sexual assault care.
16    (a) The General Assembly finds:
17        (1) Pediatric sexual assault survivors can suffer from
18    a wide range of health problems across their life span. In
19    addition to immediate health issues, such as sexually
20    transmitted infections, physical injuries, and
21    psychological trauma, child sexual abuse victims are at
22    greater risk for a plethora of adverse psychological and
23    somatic problems into adulthood in contrast to those who
24    were not sexually abused.
25        (2) Sexual abuse against the pediatric population is

 

 

10000HB5245sam001- 37 -LRB100 20715 MJP 40025 a

1    distinct, particularly due to their dependence on their
2    caregivers and the ability of perpetrators to manipulate
3    and silence them (especially when the perpetrators are
4    family members or other adults trusted by, or with power
5    over, children). Sexual abuse is often hidden by
6    perpetrators, unwitnessed by others, and may leave no
7    obvious physical signs on child victims.
8        (3) Pediatric sexual assault survivors throughout the
9    State should have access to qualified medical providers who
10    have received specialized training regarding the care of
11    pediatric sexual assault survivors within a reasonable
12    distance from their home.
13        (4) There is a need in Illinois to increase the number
14    of qualified medical providers available to provide
15    medical forensic services to pediatric sexual assault
16    survivors.
17    (b) If a medically stable pediatric sexual assault survivor
18presents at a transfer hospital or treatment hospital with
19approved pediatric transfer that has a plan approved by the
20Department requesting medical forensic services, then the
21hospital emergency department staff shall contact an approved
22pediatric health care facility, if one is designated in the
23hospital's plan.
24    If the transferring hospital confirms that medical
25forensic services can be initiated within 90 minutes of the
26patient's arrival at the approved pediatric health care

 

 

10000HB5245sam001- 38 -LRB100 20715 MJP 40025 a

1facility following an immediate transfer, then the hospital
2emergency department staff shall notify the patient and
3non-offending parent or legal guardian that the patient will be
4transferred for medical forensic services and shall provide the
5patient and non-offending parent or legal guardian the option
6of being transferred to the approved pediatric health care
7facility or the treatment hospital designated in the hospital's
8plan. The pediatric sexual assault survivor may be transported
9by ambulance, law enforcement, or personal vehicle.
10    If medical forensic services cannot be initiated within 90
11minutes of the patient's arrival at the approved pediatric
12health care facility, there is no approved pediatric health
13care facility designated in the hospital's plan, or the patient
14or non-offending parent or legal guardian chooses to be
15transferred to a treatment hospital, the hospital emergency
16department staff shall contact a treatment hospital designated
17in the hospital's plan to arrange for the transfer of the
18patient to the treatment hospital for medical forensic
19services, which are to be initiated within 90 minutes of the
20patient's arrival at the treatment hospital. The treatment
21hospital shall provide medical forensic services and may not
22transfer the patient to another facility. The pediatric sexual
23assault survivor may be transported by ambulance, law
24enforcement, or personal vehicle.
25    (c) If a medically stable pediatric sexual assault survivor
26presents at a treatment hospital that has a plan approved by

 

 

10000HB5245sam001- 39 -LRB100 20715 MJP 40025 a

1the Department requesting medical forensic services, then the
2hospital emergency department staff shall contact an approved
3pediatric health care facility, if one is designated in the
4treatment hospital's areawide treatment plan.
5    If medical forensic services can be initiated within 90
6minutes after the patient's arrival at the approved pediatric
7health care facility following an immediate transfer, the
8hospital emergency department staff shall provide the patient
9and non-offending parent or legal guardian the option of having
10medical forensic services performed at the treatment hospital
11or at the approved pediatric health care facility. If the
12patient or non-offending parent or legal guardian chooses to be
13transferred, the pediatric sexual assault survivor may be
14transported by ambulance, law enforcement, or personal
15vehicle.
16    If medical forensic services cannot be initiated within 90
17minutes after the patient's arrival to the approved pediatric
18health care facility, there is no approved pediatric health
19care facility designated in the hospital's plan, or the patient
20or non-offending parent or legal guardian chooses not to be
21transferred, the hospital shall provide medical forensic
22services to the patient.
23    (d) If a pediatric sexual assault survivor presents at an
24approved pediatric health care facility requesting medical
25forensic services or the facility is contacted by law
26enforcement or the Department of Children and Family Services

 

 

10000HB5245sam001- 40 -LRB100 20715 MJP 40025 a

1requesting medical forensic services for a pediatric sexual
2assault survivor, the services shall be provided at the
3facility if the medical forensic services can be initiated
4within 90 minutes after the patient's arrival at the facility.
5If medical forensic services cannot be initiated within 90
6minutes after the patient's arrival at the facility, then the
7patient shall be transferred to a treatment hospital designated
8in the approved pediatric health care facility's plan for
9medical forensic services. The pediatric sexual assault
10survivor may be transported by ambulance, law enforcement, or
11personal vehicle.
 
12    (410 ILCS 70/5.4 new)
13    Sec. 5.4. Out-of-state hospitals.
14    (a) Nothing in this Section shall prohibit the transfer of
15a patient in need of medical services from a hospital that has
16been designated as a trauma center by the Department in
17accordance with Section 3.90 of the Emergency Medical Services
18(EMS) Systems Act.
19    (b) A transfer hospital, treatment hospital with approved
20pediatric transfer, or approved pediatric health care facility
21may transfer a sexual assault survivor to an out-of-state
22hospital that has been designated as a trauma center by the
23Department under Section 3.90 of the Emergency Medical Services
24(EMS) Systems Act if the out-of-state hospital: (1) submits an
25areawide treatment plan approved by the Department; and (2) has

 

 

10000HB5245sam001- 41 -LRB100 20715 MJP 40025 a

1certified the following to the Department in a form and manner
2prescribed by the Department that the out-of-state hospital
3will:
4        (i) consent to the jurisdiction of the Department in
5    accordance with Section 2.06 of this Act;
6        (ii) comply with all requirements of this Act
7    applicable to treatment hospitals, including, but not
8    limited to, offering evidence collection to any Illinois
9    sexual assault survivor who presents with a complaint of
10    sexual assault within a minimum of the last 7 days or who
11    has disclosed past sexual assault by a specific individual
12    and was in the care of that individual within a minimum of
13    the last 7 days and not billing the sexual assault survivor
14    for medical forensic services or 90 days of follow-up
15    healthcare;
16        (iii) use an Illinois State Police Sexual Assault
17    Evidence Collection Kit to collect forensic evidence from
18    an Illinois sexual assault survivor;
19        (iv) ensure its staff cooperates with Illinois law
20    enforcement agencies and are responsive to subpoenas
21    issued by Illinois courts; and
22        (v) provide appropriate transportation upon the
23    completion of medical forensic services back to the
24    transfer hospital or treatment hospital with pediatric
25    transfer where the sexual assault survivor initially
26    presented seeking medical forensic services, unless the

 

 

10000HB5245sam001- 42 -LRB100 20715 MJP 40025 a

1    sexual assault survivor chooses to arrange his or her own
2    transportation.
3    (c) Subsection (b) of this Section is inoperative on and
4after January 1, 2024.
 
5    (410 ILCS 70/5.5)
6    Sec. 5.5. Minimum reimbursement requirements for follow-up
7healthcare.
8    (a) Every hospital, pediatric health care facility, health
9care professional, laboratory, or pharmacy that provides
10follow-up healthcare to a sexual assault survivor, with the
11consent of the sexual assault survivor and as ordered by the
12attending physician, an advanced practice registered nurse, or
13physician assistant shall be reimbursed for the follow-up
14healthcare services provided. Follow-up healthcare services
15include, but are not limited to, the following:
16        (1) a physical examination;
17        (2) laboratory tests to determine the presence or
18    absence of sexually transmitted infection disease; and
19        (3) appropriate medications, including HIV
20    prophylaxis, in accordance with the Centers for Disease
21    Control and Prevention's guidelines.
22    (b) Reimbursable follow-up healthcare is limited to office
23visits with a physician, advanced practice registered nurse, or
24physician assistant within 90 days after an initial visit for
25hospital medical forensic emergency services.

 

 

10000HB5245sam001- 43 -LRB100 20715 MJP 40025 a

1    (c) Nothing in this Section requires a hospital, pediatric
2health care facility, health care professional, laboratory, or
3pharmacy to provide follow-up healthcare to a sexual assault
4survivor.
5(Source: P.A. 99-173, eff. 7-29-15; 100-513, eff. 1-1-18.)
 
6    (410 ILCS 70/6.1)  (from Ch. 111 1/2, par. 87-6.1)
7    Sec. 6.1. Minimum standards. The Department shall
8prescribe minimum standards, rules, and regulations necessary
9to implement this Act and the changes made by this amendatory
10Act of the 100th General Assembly, which shall apply to every
11hospital required to be licensed by the Department that
12provides general medical and surgical hospital services and to
13every approved pediatric health care facility. Such standards
14shall include, but not be limited to, a uniform system for
15recording results of medical examinations and all diagnostic
16tests performed in connection therewith to determine the
17condition and necessary treatment of sexual assault survivors,
18which results shall be preserved in a confidential manner as
19part of the hospital's or approved pediatric health care
20facility's hospital record of the sexual assault survivor.
21(Source: P.A. 95-432, eff. 1-1-08.)
 
22    (410 ILCS 70/6.2)  (from Ch. 111 1/2, par. 87-6.2)
23    Sec. 6.2. Assistance and grants. The Department shall
24assist in the development and operation of programs which

 

 

10000HB5245sam001- 44 -LRB100 20715 MJP 40025 a

1provide medical hospital emergency services and forensic
2services to sexual assault survivors, and, where necessary, to
3provide grants to hospitals and approved pediatric health care
4facilities for this purpose.
5(Source: P.A. 95-432, eff. 1-1-08.)
 
6    (410 ILCS 70/6.4)  (from Ch. 111 1/2, par. 87-6.4)
7    Sec. 6.4. Sexual assault evidence collection program.
8    (a) There is created a statewide sexual assault evidence
9collection program to facilitate the prosecution of persons
10accused of sexual assault. This program shall be administered
11by the Illinois State Police. The program shall consist of the
12following: (1) distribution of sexual assault evidence
13collection kits which have been approved by the Illinois State
14Police to hospitals and approved pediatric health care
15facilities that request them, or arranging for such
16distribution by the manufacturer of the kits, (2) collection of
17the kits from hospitals and approved pediatric health care
18facilities after the kits have been used to collect evidence,
19(3) analysis of the collected evidence and conducting of
20laboratory tests, (4) maintaining the chain of custody and
21safekeeping of the evidence for use in a legal proceeding, and
22(5) the comparison of the collected evidence with the genetic
23marker grouping analysis information maintained by the
24Department of State Police under Section 5-4-3 of the Unified
25Code of Corrections and with the information contained in the

 

 

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1Federal Bureau of Investigation's National DNA database;
2provided the amount and quality of genetic marker grouping
3results obtained from the evidence in the sexual assault case
4meets the requirements of both the Department of State Police
5and the Federal Bureau of Investigation's Combined DNA Index
6System (CODIS) policies. The standardized evidence collection
7kit for the State of Illinois shall be the Illinois State
8Police Sexual Assault Evidence Kit and shall include a written
9consent form authorizing law enforcement to test the sexual
10assault evidence and to provide law enforcement with details of
11the sexual assault.
12    (a-5) (Blank).
13    (b) The Illinois State Police shall administer a program to
14train hospitals and hospital and approved pediatric health care
15facility personnel participating in the sexual assault
16evidence collection program, in the correct use and application
17of the sexual assault evidence collection kits. A sexual
18assault nurse examiner may conduct examinations using the
19sexual assault evidence collection kits, without the presence
20or participation of a physician. The Department shall cooperate
21with the Illinois State Police in this program as it pertains
22to medical aspects of the evidence collection.
23    (c) (Blank). In this Section, "sexual assault nurse
24examiner" means a registered nurse who has completed a sexual
25assault nurse examiner (SANE) training program that meets the
26Forensic Sexual Assault Nurse Examiner Education Guidelines

 

 

10000HB5245sam001- 46 -LRB100 20715 MJP 40025 a

1established by the International Association of Forensic
2Nurses.
3(Source: P.A. 99-801, eff. 1-1-17.)
 
4    (410 ILCS 70/6.5)
5    Sec. 6.5. Written consent to the release of sexual assault
6evidence for testing.
7    (a) Upon the completion of medical hospital emergency
8services and forensic services, the health care professional
9providing the medical forensic services shall provide the
10patient the opportunity to sign a written consent to allow law
11enforcement to submit the sexual assault evidence for testing,
12if collected. The written consent shall be on a form included
13in the sexual assault evidence collection kit and posted on the
14Illinois State Police website. The consent form shall include
15whether the survivor consents to the release of information
16about the sexual assault to law enforcement.
17        (1) A survivor 13 years of age or older may sign the
18    written consent to release the evidence for testing.
19        (2) If the survivor is a minor who is under 13 years of
20    age, the written consent to release the sexual assault
21    evidence for testing may be signed by the parent, guardian,
22    investigating law enforcement officer, or Department of
23    Children and Family Services.
24        (3) If the survivor is an adult who has a guardian of
25    the person, a health care surrogate, or an agent acting

 

 

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1    under a health care power of attorney, the consent of the
2    guardian, surrogate, or agent is not required to release
3    evidence and information concerning the sexual assault or
4    sexual abuse. If the adult is unable to provide consent for
5    the release of evidence and information and a guardian,
6    surrogate, or agent under a health care power of attorney
7    is unavailable or unwilling to release the information,
8    then an investigating law enforcement officer may
9    authorize the release.
10        (4) Any health care professional or , including any
11    physician, advanced practice registered nurse, physician
12    assistant, or nurse, sexual assault nurse examiner, and any
13    health care institution, including any hospital or
14    approved pediatric health care facility, who provides
15    evidence or information to a law enforcement officer under
16    a written consent as specified in this Section is immune
17    from any civil or professional liability that might arise
18    from those actions, with the exception of willful or wanton
19    misconduct. The immunity provision applies only if all of
20    the requirements of this Section are met.
21    (b) The hospital or approved pediatric health care facility
22shall keep a copy of a signed or unsigned written consent form
23in the patient's medical record.
24    (c) If a written consent to allow law enforcement to hold
25test the sexual assault evidence is not signed at the
26completion of medical hospital emergency services and forensic

 

 

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1services, the hospital or approved pediatric health care
2facility shall include the following information in its
3discharge instructions:
4        (1) the sexual assault evidence will be stored for 5
5    years from the completion of an Illinois State Police
6    Sexual Assault Evidence Collection Kit, or 5 years from the
7    age of 18 years, whichever is longer;
8        (2) a person authorized to consent to the testing of
9    the sexual assault evidence may sign a written consent to
10    allow law enforcement to test the sexual assault evidence
11    at any time during that 5-year period for an adult victim,
12    or until a minor victim turns 23 years of age by (A)
13    contacting the law enforcement agency having jurisdiction,
14    or if unknown, the law enforcement agency contacted by the
15    hospital or approved pediatric health care facility under
16    Section 3.2 of the Criminal Identification Act; or (B) by
17    working with an advocate at a rape crisis center;
18        (3) the name, address, and phone number of the law
19    enforcement agency having jurisdiction, or if unknown the
20    name, address, and phone number of the law enforcement
21    agency contacted by the hospital or approved pediatric
22    health care facility under Section 3.2 of the Criminal
23    Identification Act; and
24        (4) the name and phone number of a local rape crisis
25    center.
26(Source: P.A. 99-801, eff. 1-1-17; 100-513, eff. 1-1-18.)
 

 

 

10000HB5245sam001- 49 -LRB100 20715 MJP 40025 a

1    (410 ILCS 70/6.6)
2    Sec. 6.6. Submission of sexual assault evidence.
3    (a) As soon as practicable, but in no event more than 4
4hours after the completion of medical hospital emergency
5services and forensic services, the hospital or approved
6pediatric health care facility shall make reasonable efforts to
7determine the law enforcement agency having jurisdiction where
8the sexual assault occurred, if sexual assault evidence was
9collected. The hospital or approved pediatric health care
10facility may obtain the name of the law enforcement agency with
11jurisdiction from the local law enforcement agency.
12    (b) Within 4 hours after the completion of medical hospital
13emergency services and forensic services, the hospital or
14approved pediatric health care facility shall notify the law
15enforcement agency having jurisdiction that the hospital or
16approved pediatric health care facility is in possession of
17sexual assault evidence and the date and time the collection of
18evidence was completed. The hospital or approved pediatric
19health care facility shall document the notification in the
20patient's medical records and shall include the agency
21notified, the date and time of the notification and the name of
22the person who received the notification. This notification to
23the law enforcement agency having jurisdiction satisfies the
24hospital's or approved pediatric health care facility's
25requirement to contact its local law enforcement agency under

 

 

10000HB5245sam001- 50 -LRB100 20715 MJP 40025 a

1Section 3.2 of the Criminal Identification Act.
2    (c) If the law enforcement agency having jurisdiction has
3not taken physical custody of sexual assault evidence within 5
4days of the first contact by the hospital or approved pediatric
5health care facility, the hospital or approved pediatric health
6care facility shall renotify the law enforcement agency having
7jurisdiction that the hospital or approved pediatric health
8care facility is in possession of sexual assault evidence and
9the date the sexual assault evidence was collected. The
10hospital or approved pediatric health care facility shall
11document the renotification in the patient's medical records
12and shall include the agency notified, the date and time of the
13notification and the name of the person who received the
14notification.
15    (d) If the law enforcement agency having jurisdiction has
16not taken physical custody of the sexual assault evidence
17within 10 days of the first contact by the hospital or approved
18pediatric health care facility and the hospital or approved
19pediatric health care facility has provided renotification
20under subsection (c) of this Section, the hospital or approved
21pediatric health care facility shall contact the State's
22Attorney of the county where the law enforcement agency having
23jurisdiction is located. The hospital or approved pediatric
24health care facility shall inform the State's Attorney that the
25hospital or approved pediatric health care facility is in
26possession of sexual assault evidence, the date the sexual

 

 

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1assault evidence was collected, the law enforcement agency
2having jurisdiction, the dates, times and names of persons
3notified under subsections (b) and (c) of this Section. The
4notification shall be made within 14 days of the collection of
5the sexual assault evidence.
6(Source: P.A. 99-801, eff. 1-1-17; 100-201, eff. 8-18-17.)
 
7    (410 ILCS 70/7)  (from Ch. 111 1/2, par. 87-7)
8    Sec. 7. Reimbursement.
9    (a) A hospital, approved pediatric health care facility, or
10health care professional furnishing medical hospital emergency
11services or forensic services, an ambulance provider
12furnishing transportation to a sexual assault survivor, a
13hospital, health care professional, or laboratory providing
14follow-up healthcare, or a pharmacy dispensing prescribed
15medications to any sexual assault survivor shall furnish such
16services or medications to that person without charge and shall
17seek payment as follows:
18        (1) If a sexual assault survivor is eligible to receive
19    benefits under the medical assistance program under
20    Article V of the Illinois Public Aid Code, the ambulance
21    provider, hospital, approved pediatric health care
22    facility, health care professional, laboratory, or
23    pharmacy must submit the bill to the Department of
24    Healthcare and Family Services or the appropriate Medicaid
25    managed care organization and accept the amount paid as

 

 

10000HB5245sam001- 52 -LRB100 20715 MJP 40025 a

1    full payment.
2        (2) If a sexual assault survivor is covered by one or
3    more policies of health insurance or is a beneficiary under
4    a public or private health coverage program, the ambulance
5    provider, hospital, approved pediatric health care
6    facility, health care professional, laboratory, or
7    pharmacy shall bill the insurance company or program. With
8    respect to such insured patients, applicable deductible,
9    co-pay, co-insurance, denial of claim, or any other
10    out-of-pocket insurance-related expense may be submitted
11    to the Illinois Sexual Assault Emergency Treatment Program
12    of the Department of Healthcare and Family Services in
13    accordance with 89 Ill. Adm. Code 148.510 for payment at
14    the Department of Healthcare and Family Services'
15    allowable rates under the Illinois Public Aid Code. The
16    ambulance provider, hospital, approved pediatric health
17    care facility, health care professional, laboratory, or
18    pharmacy shall accept the amounts paid by the insurance
19    company or health coverage program and the Illinois Sexual
20    Assault Treatment Program as full payment.
21        (3) If a sexual assault survivor is neither eligible to
22    receive benefits under the medical assistance program
23    under Article V of the Public Aid Code nor covered by a
24    policy of insurance or a public or private health coverage
25    program, the ambulance provider, hospital, approved
26    pediatric health care facility, health care professional,

 

 

10000HB5245sam001- 53 -LRB100 20715 MJP 40025 a

1    laboratory, or pharmacy shall submit the request for
2    reimbursement to the Illinois Sexual Assault Emergency
3    Treatment Program under the Department of Healthcare and
4    Family Services in accordance with 89 Ill. Adm. Code
5    148.510 at the Department of Healthcare and Family
6    Services' allowable rates under the Illinois Public Aid
7    Code.
8        (4) If a sexual assault survivor presents a sexual
9    assault services voucher for follow-up healthcare, the
10    healthcare professional, pediatric health care facility,
11    or laboratory that provides follow-up healthcare or the
12    pharmacy that dispenses prescribed medications to a sexual
13    assault survivor shall submit the request for
14    reimbursement for follow-up healthcare, pediatric health
15    care facility, laboratory, or pharmacy services to the
16    Illinois Sexual Assault Emergency Treatment Program under
17    the Department of Healthcare and Family Services in
18    accordance with 89 Ill. Adm. Code 148.510 at the Department
19    of Healthcare and Family Services' allowable rates under
20    the Illinois Public Aid Code. Nothing in this subsection
21    (a) precludes hospitals or approved pediatric health care
22    facilities from providing follow-up healthcare and
23    receiving reimbursement under this Section.
24    (b) Nothing in this Section precludes a hospital, health
25care provider, ambulance provider, laboratory, or pharmacy
26from billing the sexual assault survivor or any applicable

 

 

10000HB5245sam001- 54 -LRB100 20715 MJP 40025 a

1health insurance or coverage for inpatient services.
2    (c) (Blank).
3    (d) On and after July 1, 2012, the Department shall reduce
4any rate of reimbursement for services or other payments or
5alter any methodologies authorized by this Act or the Illinois
6Public Aid Code to reduce any rate of reimbursement for
7services or other payments in accordance with Section 5-5e of
8the Illinois Public Aid Code.
9    (e) The Department of Healthcare and Family Services shall
10establish standards, rules, and regulations to implement this
11Section.
12(Source: P.A. 98-463, eff. 8-16-13; 99-454, eff. 1-1-16.)
 
13    (410 ILCS 70/7.5)
14    Sec. 7.5. Prohibition on billing sexual assault survivors
15directly for certain services; written notice; billing
16protocols.
17    (a) A hospital, approved pediatric health care facility,
18health care professional, ambulance provider, laboratory, or
19pharmacy furnishing medical hospital emergency services,
20forensic services, transportation, follow-up healthcare, or
21medication to a sexual assault survivor shall not:
22        (1) charge or submit a bill for any portion of the
23    costs of the services, transportation, or medications to
24    the sexual assault survivor, including any insurance
25    deductible, co-pay, co-insurance, denial of claim by an

 

 

10000HB5245sam001- 55 -LRB100 20715 MJP 40025 a

1    insurer, spenddown, or any other out-of-pocket expense;
2        (2) communicate with, harass, or intimidate the sexual
3    assault survivor for payment of services, including, but
4    not limited to, repeatedly calling or writing to the sexual
5    assault survivor and threatening to refer the matter to a
6    debt collection agency or to an attorney for collection,
7    enforcement, or filing of other process;
8        (3) refer a bill to a collection agency or attorney for
9    collection action against the sexual assault survivor;
10        (4) contact or distribute information to affect the
11    sexual assault survivor's credit rating; or
12        (5) take any other action adverse to the sexual assault
13    survivor or his or her family on account of providing
14    services to the sexual assault survivor.
15    (b) Nothing in this Section precludes a hospital, health
16care provider, ambulance provider, laboratory, or pharmacy
17from billing the sexual assault survivor or any applicable
18health insurance or coverage for inpatient services.
19    (c) Every Within 60 days after the effective date of this
20amendatory Act of the 99th General Assembly, every hospital and
21approved pediatric health care facility providing treatment
22services to sexual assault survivors in accordance with a plan
23approved under Section 2 of this Act shall provide a written
24notice to a sexual assault survivor. The written notice must
25include, but is not limited to, the following:
26        (1) a statement that the sexual assault survivor should

 

 

10000HB5245sam001- 56 -LRB100 20715 MJP 40025 a

1    not be directly billed by any ambulance provider providing
2    transportation services, or by any hospital, approved
3    pediatric health care facility, health care professional,
4    laboratory, or pharmacy for the services the sexual assault
5    survivor received as an outpatient at the hospital or
6    approved pediatric health care facility;
7        (2) a statement that a sexual assault survivor who is
8    admitted to a hospital may be billed for inpatient services
9    provided by a hospital, health care professional,
10    laboratory, or pharmacy;
11        (3) a statement that prior to leaving the hospital or
12    approved pediatric health care facility emergency
13    department of the treating facility, the hospital or
14    approved pediatric health care facility hospital will give
15    the sexual assault survivor a sexual assault services
16    voucher for follow-up healthcare if the sexual assault
17    survivor is eligible to receive a sexual assault services
18    voucher;
19        (4) the definition of "follow-up healthcare" as set
20    forth in Section 1a of this Act;
21        (5) a phone number the sexual assault survivor may call
22    should the sexual assault survivor receive a bill from the
23    hospital or approved pediatric health care facility for
24    medical hospital emergency services and forensic services;
25        (6) the toll-free phone number of the Office of the
26    Illinois Attorney General, Crime Victim Services Division,

 

 

10000HB5245sam001- 57 -LRB100 20715 MJP 40025 a

1    which the sexual assault survivor may call should the
2    sexual assault survivor receive a bill from an ambulance
3    provider, approved pediatric health care facility, a
4    health care professional, a laboratory, or a pharmacy.
5    This subsection (c) shall not apply to hospitals that
6provide transfer services as defined under Section 1a of this
7Act.
8    (d) Within 60 days after the effective date of this
9amendatory Act of the 99th General Assembly, every health care
10professional, except for those employed by a hospital or
11hospital affiliate, as defined in the Hospital Licensing Act,
12or those employed by a hospital operated under the University
13of Illinois Hospital Act, who bills separately for medical
14hospital emergency services or forensic services must develop a
15billing protocol that ensures that no survivor of sexual
16assault will be sent a bill for any medical hospital emergency
17services or forensic services and submit the billing protocol
18to the Crime Victim Services Division of the Office of the
19Attorney General for approval. Within 60 days after the
20commencement of the provision of medical forensic services,
21every health care professional, except for those employed by a
22hospital or hospital affiliate, as defined in the Hospital
23Licensing Act, or those employed by a hospital operated under
24the University of Illinois Hospital Act, who bills separately
25for medical or forensic services must develop a billing
26protocol that ensures that no survivor of sexual assault is

 

 

10000HB5245sam001- 58 -LRB100 20715 MJP 40025 a

1sent a bill for any medical forensic services and submit the
2billing protocol to the Crime Victim Services Division of the
3Office of the Attorney General for approval. Health care
4professionals who bill as a legal entity may submit a single
5billing protocol for the billing entity.
6    Within 60 days after the Department's approval of a
7treatment plan, an approved pediatric health care facility and
8any health care professional employed by an approved pediatric
9health care facility must develop a billing protocol that
10ensures that no survivor of sexual assault is sent a bill for
11any medical forensic services and submit the billing protocol
12to the Crime Victim Services Division of the Office of the
13Attorney General for approval.
14     The billing protocol must include at a minimum:
15        (1) a description of training for persons who prepare
16    bills for medical hospital emergency services and forensic
17    services;
18        (2) a written acknowledgement signed by a person who
19    has completed the training that the person will not bill
20    survivors of sexual assault;
21        (3) prohibitions on submitting any bill for any portion
22    of medical hospital emergency services or forensic
23    services provided to a survivor of sexual assault to a
24    collection agency;
25        (4) prohibitions on taking any action that would
26    adversely affect the credit of the survivor of sexual

 

 

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1    assault;
2        (5) the termination of all collection activities if the
3    protocol is violated; and
4        (6) the actions to be taken if a bill is sent to a
5    collection agency or the failure to pay is reported to any
6    credit reporting agency.
7    The Crime Victim Services Division of the Office of the
8Attorney General may provide a sample acceptable billing
9protocol upon request.
10    The Office of the Attorney General shall approve a proposed
11protocol if it finds that the implementation of the protocol
12would result in no survivor of sexual assault being billed or
13sent a bill for medical hospital emergency services or forensic
14services.
15    If the Office of the Attorney General determines that
16implementation of the protocol could result in the billing of a
17survivor of sexual assault for medical hospital emergency
18services or forensic services, the Office of the Attorney
19General shall provide the health care professional or approved
20pediatric health care facility with a written statement of the
21deficiencies in the protocol. The health care professional or
22approved pediatric health care facility shall have 30 days to
23submit a revised billing protocol addressing the deficiencies
24to the Office of the Attorney General. The health care
25professional or approved pediatric health care facility shall
26implement the protocol upon approval by the Crime Victim

 

 

10000HB5245sam001- 60 -LRB100 20715 MJP 40025 a

1Services Division of the Office of the Attorney General.
2    The health care professional or approved pediatric health
3care facility shall submit any proposed revision to or
4modification of an approved billing protocol to the Crime
5Victim Services Division of the Office of the Attorney General
6for approval. The health care professional or approved
7pediatric health care facility shall implement the revised or
8modified billing protocol upon approval by the Crime Victim
9Services Division of the Office of the Illinois Attorney
10General.
11(Source: P.A. 99-454, eff. 1-1-16.)
 
12    (410 ILCS 70/8)  (from Ch. 111 1/2, par. 87-8)
13    Sec. 8. Penalties.
14    (a) Any hospital or approved pediatric health care facility
15violating any provisions of this Act other than Section 7.5
16shall be guilty of a petty offense for each violation, and any
17fine imposed shall be paid into the general corporate funds of
18the city, incorporated town or village in which the hospital or
19approved pediatric health care facility is located, or of the
20county, in case such hospital is outside the limits of any
21incorporated municipality.
22    (b) The Attorney General may seek the assessment of one or
23more of the following civil monetary penalties in any action
24filed under this Act where the hospital, approved pediatric
25health care facility, health care professional, ambulance

 

 

10000HB5245sam001- 61 -LRB100 20715 MJP 40025 a

1provider, laboratory, or pharmacy knowingly violates Section
27.5 of the Act:
3        (1) For willful violations of paragraphs (1), (2), (4),
4    or (5) of subsection (a) of Section 7.5 or subsection (c)
5    of Section 7.5, the civil monetary penalty shall not exceed
6    $500 per violation.
7        (2) For violations of paragraphs (1), (2), (4), or (5)
8    of subsection (a) of Section 7.5 or subsection (c) of
9    Section 7.5 involving a pattern or practice, the civil
10    monetary penalty shall not exceed $500 per violation.
11        (3) For violations of paragraph (3) of subsection (a)
12    of Section 7.5, the civil monetary penalty shall not exceed
13    $500 for each day the bill is with a collection agency.
14        (4) For violations involving the failure to submit
15    billing protocols within the time period required under
16    subsection (d) of Section 7.5, the civil monetary penalty
17    shall not exceed $100 per day until the health care
18    professional or approved pediatric health care facility
19    complies with subsection (d) of Section 7.5.
20    All civil monetary penalties shall be deposited into the
21Violent Crime Victims Assistance Fund.
22(Source: P.A. 99-454, eff. 1-1-16.)
 
23    (410 ILCS 70/9)  (from Ch. 111 1/2, par. 87-9)
24    Sec. 9. Nothing in this Act shall be construed to require a
25hospital or an approved pediatric health care facility to

 

 

10000HB5245sam001- 62 -LRB100 20715 MJP 40025 a

1provide any services which relate to an abortion.
2(Source: P.A. 79-564.)
 
3    (410 ILCS 70/9.5 new)
4    Sec. 9.5. Sexual Assault Medical Forensic Services
5Implementation Task Force.
6    (a) The Sexual Assault Medical Forensic Services
7Implementation Task Force is created to assist hospitals and
8approved pediatric health care facilities with the
9implementation of the changes made by this amendatory Act of
10the l00th General Assembly. The Task Force shall consist of the
11following members, who shall serve without compensation:
12        (1) one member of the Senate appointed by the President
13    of the Senate, who may designate an alternate member;
14        (2) one member of the Senate appointed by the Minority
15    Leader of the Senate, who may designate an alternate
16    member;
17        (3) one member of the House of Representatives
18    appointed by the Speaker of the House of Representatives,
19    who may designate an alternate member;
20        (4) one member of the House of Representatives
21    appointed by the Minority Leader of the House of
22    Representatives, who may designate an alternate member;
23        (5) two members representing the Office of the Attorney
24    General appointed by the Attorney General, one of whom
25    shall be the Sexual Assault Nurse Examiner Coordinator for

 

 

10000HB5245sam001- 63 -LRB100 20715 MJP 40025 a

1    the State of Illinois;
2        (6) one member representing the Department of Public
3    Health appointed by the Director of Public Health;
4        (7) one member representing the Department of State
5    Police appointed by the Director of State Police;
6        (8) one member representing the Department of
7    Healthcare and Family Services appointed by the Director of
8    Healthcare and Family Services;
9        (9) six members representing hospitals appointed by
10    the head of a statewide organization representing the
11    interests of hospitals in Illinois, at least one of whom
12    shall represent small and rural hospitals and at least one
13    of these members shall represent urban hospitals;
14        (10) one member representing physicians appointed by
15    the head of a statewide organization representing the
16    interests of physicians in Illinois;
17        (11) one member representing emergency physicians
18    appointed by the head of a statewide organization
19    representing the interests of emergency physicians in
20    Illinois;
21        (12) two members representing child abuse
22    pediatricians appointed by the head of a statewide
23    organization representing the interests of child abuse
24    pediatricians in Illinois, at least one of whom shall
25    represent child abuse pediatricians providing medical
26    forensic services in rural locations and at least one of

 

 

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1    whom shall represent child abuse pediatricians providing
2    medical forensic services in urban locations;
3        (13) one member representing nurses appointed by the
4    head of a statewide organization representing the
5    interests of nurses in Illinois;
6        (14) two members representing sexual assault nurse
7    examiners appointed by the head of a statewide organization
8    representing the interests of forensic nurses in Illinois,
9    at least one of whom shall represent pediatric/adolescent
10    sexual assault nurse examiners and at least one of these
11    members shall represent adult/adolescent sexual assault
12    nurse examiners;
13        (15) one member representing State's Attorneys
14    appointed by the head of a statewide organization
15    representing the interests of State's Attorneys in
16    Illinois;
17        (16) three members representing sexual assault
18    survivors appointed by the head of a statewide organization
19    representing the interests of sexual assault survivors and
20    rape crisis centers, at least one of whom shall represent
21    rural rape crisis centers and at least one of whom shall
22    represent urban rape crisis centers; and
23        (17) one member representing children's advocacy
24    centers appointed by the head of a statewide organization
25    representing the interests of children's advocacy centers
26    in Illinois.

 

 

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1    The members representing the Office of the Attorney General
2and the Department of Public Health shall serve as
3co-chairpersons of the Task Force. The Office of the Attorney
4General shall provide administrative and other support to the
5Task Force.
6    (b) The first meeting of the Task Force shall be called by
7the co-chairpersons no later than 90 days after the effective
8date of this Section.
9    (c) The goals of the Task Force shall include, but not be
10limited to, the following:
11        (1) to facilitate the development of areawide
12    treatment plans among hospitals and pediatric health care
13    facilities;
14        (2) to facilitate the development of on-call systems of
15    qualified medical providers and assist hospitals with the
16    development of plans to employ or contract with a qualified
17    medical provider to initiate medical forensic services to a
18    sexual assault survivor within 90 minutes of the patient
19    presenting to the hospital as required in subsection (a-7)
20    of Section 5;
21        (3) to identify photography and storage options for
22    hospitals to comply with the photo documentation
23    requirements in Sections 5 and 5.1;
24        (4) to develop a model written agreement for use by
25    rape crisis centers, hospitals, and approved pediatric
26    health care facilities with sexual assault treatment plans

 

 

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1    to comply with subsection (c) of Section 2;
2        (5) to develop and distribute educational information
3    regarding the implementation of this Act to hospitals,
4    health care providers, rape crisis centers, children's
5    advocacy centers, State's Attorney's offices;
6        (6) to examine the role of telemedicine in the
7    provision of medical forensic services under this Act and
8    to develop recommendations for statutory change and
9    standards and procedures for the use of telemedicine to be
10    adopted by the Department;
11        (7) to seek inclusion of the International Association
12    of Forensic Nurses Sexual Assault Nurse Examiner Education
13    Guidelines for nurses within the registered nurse training
14    curriculum in Illinois nursing programs and the American
15    College of Emergency Physicians Management of the Patient
16    with the Complaint of Sexual Assault for emergency
17    physicians within the Illinois residency training
18    curriculum for emergency physicians; and
19        (8) to submit a report to the General Assembly by
20    January 1, 2023 regarding the status of implementation of
21    this amendatory Act of the 100th General Assembly,
22    including, but not limited to, the impact of transfers to
23    out-of-state hospitals on sexual assault survivors and the
24    availability of treatment hospitals in Illinois; the
25    report to the General Assembly shall be filed with the
26    Clerk of the House of Representatives and the Secretary of

 

 

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1    the Senate in electronic form only, in the manner that the
2    Clerk and the Secretary shall direct.
3    (d) This Section is repealed on January 1, 2024.
 
4    (410 ILCS 70/10 new)
5    Sec. 10. Sexual Assault Nurse Examiner Program.
6    (a) The Sexual Assault Nurse Examiner Program is
7established within the Office of the Attorney General. The
8Sexual Assault Nurse Examiner Program shall maintain a list of
9sexual assault nurse examiners who have completed didactic and
10clinical training requirements consistent with the Sexual
11Assault Nurse Examiner Education Guidelines established by the
12International Association of Forensic Nurses.
13    (b) By March 1, 2019, the Sexual Assault Nurse Examiner
14Program shall develop and make available to hospitals 2 hours
15of online sexual assault training for emergency department
16clinical staff to meet the training requirement established in
17subsection (a) of Section 2. Notwithstanding any other law
18regarding ongoing licensure requirements, such training shall
19count toward the continuing medical education and continuing
20nursing education credits for physicians, physician
21assistants, advanced practice registered nurses, and
22registered professional nurses.
23    The Sexual Assault Nurse Examiner Program shall provide
24didactic and clinical training opportunities consistent with
25the Sexual Assault Nurse Examiner Education Guidelines

 

 

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1established by the International Association of Forensic
2Nurses, in sufficient numbers and geographical locations
3across the State, to assist hospitals with training the
4necessary number of sexual assault nurse examiners to comply
5with the requirement of this Act to employ or contract with a
6qualified medical provider to initiate medical forensic
7services to a sexual assault survivor within 90 minutes of the
8patient presenting to the hospital as required in subsection
9(a-7) of Section 5.
10    The Sexual Assault Nurse Examiner Program shall assist
11hospitals in establishing trainings to achieve the
12requirements of this Act.
13    For the purpose of providing continuing medical education
14credit in accordance with the Medical Practice Act of 1987 and
15administrative rules adopted under the Medical Practice Act of
161987 and continuing education credit in accordance with the
17Nurse Practice Act and administrative rules adopted under the
18Nurse Practice Act to health care professionals for the
19completion of sexual assault training provided by the Sexual
20Assault Nurse Examiner Program under this Act, the Office of
21the Attorney General shall be considered a State agency.
22    (c) The Sexual Assault Nurse Examiner Program, in
23consultation with qualified medical providers, shall create
24uniform materials that all treatment hospitals, treatment
25hospitals with approved pediatric transfer, and approved
26pediatric health care facilities are required to give patients

 

 

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1and non-offending parents or legal guardians, if applicable,
2regarding the medical forensic exam procedure, laws regarding
3consenting to medical forensic services, and the benefits and
4risks of evidence collection, including recommended time
5frames for evidence collection pursuant to evidence-based
6research. These materials shall be made available to all
7hospitals and approved pediatric health care facilities on the
8Office of the Attorney General's website.
 
9    Section 99. Effective date. This Act takes effect January
101, 2019, except that this Section and the provisions adding
11Section 9.5 to the Sexual Assault Survivors Emergency Treatment
12Act take effect upon becoming law.".