Public Act 102-1097
 
SB3023 EnrolledLRB102 22896 CPF 32049 b


  
    AN ACT concerning health.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  




 
 
    Section 5. The Sexual Assault Survivors Emergency 
Treatment Act is amended  by changing Sections 1a, 1a-1, 2-1, 
5-1, 5.4, 5.5, 5.5-1, 7.5, 7.5-1, and 9.5 as follows:
 


    (410 ILCS 70/1a)  (from Ch. 111 1/2, par. 87-1a)


    Sec. 1a. Definitions.  
    (a) In this Act:

    "Advanced practice registered nurse" has the meaning 
provided in Section 50-10 of the Nurse Practice Act. 
    "Ambulance provider" means an individual or entity that 
owns and operates a business or service using ambulances or 
emergency medical services vehicles to transport emergency 
patients.

    "Approved pediatric health care facility" means a health 
care facility, other than a hospital, with a sexual assault 
treatment plan approved by the Department to provide medical 
forensic services to pediatric sexual assault survivors who 
present with a complaint of sexual assault within a minimum of 
the last 7 days or who have disclosed past sexual assault by a 
specific individual and were in the care of that individual 
within a minimum of the last 7 days. 
    "Areawide sexual assault treatment plan" means a plan, 
developed by hospitals or by hospitals and approved pediatric 
health care facilities in a community or area to be served, 
which provides for medical forensic services to sexual assault 
survivors that shall be made available by each of the 
participating hospitals and approved pediatric health care 
facilities.

    "Board-certified child abuse pediatrician" means a 
physician certified by the American Board of Pediatrics in 
child abuse pediatrics.
    "Board-eligible child abuse pediatrician" means a 
physician who has completed the requirements set forth by the 
American Board of Pediatrics to take the examination for 
certification in child abuse pediatrics. 
    "Department" means the Department of Public Health.

    "Emergency contraception" means medication as approved by 
the federal Food and Drug Administration (FDA) that can 
significantly reduce the risk of pregnancy if taken within 72 
hours after sexual assault.

    "Follow-up healthcare" means healthcare services related 
to a sexual assault, including laboratory services and 
pharmacy services, rendered within 180 90 days of the initial 
visit for medical forensic services.

    "Health care professional" means a physician, a physician 
assistant, a sexual assault forensic examiner, an advanced 
practice registered nurse, a registered professional nurse, a 
licensed practical nurse, or a sexual assault nurse examiner.

    "Hospital" means a hospital licensed under the Hospital 
Licensing Act or operated under the University of Illinois 
Hospital Act, any outpatient center included in the hospital's 
sexual assault treatment plan where hospital employees provide 
medical forensic services, and an out-of-state hospital that  
has consented to the jurisdiction of the Department under 
Section 2.06.

    "Illinois State Police Sexual Assault Evidence Collection 
Kit" means a prepackaged set of materials and forms to be used 
for the collection of evidence relating to sexual assault. The 
standardized evidence collection kit for the State of Illinois 
shall be the Illinois State Police Sexual Assault Evidence 
Collection Kit.

    "Law enforcement agency having jurisdiction" means the law 
enforcement agency in the jurisdiction where an alleged sexual 
assault or sexual abuse occurred.
    "Licensed practical nurse" has the meaning provided in 
Section 50-10 of the Nurse Practice Act. 
    "Medical forensic services" means health care delivered to 
patients within or under the care and supervision of personnel 
working in a designated emergency department of a hospital or 
an approved pediatric health care facility. "Medical forensic 
services" includes, but is not limited to, taking a medical 
history, performing photo documentation, performing a physical 
and anogenital examination, assessing the patient for evidence 
collection, collecting evidence in accordance with a statewide 
sexual assault evidence collection program administered by the 
Illinois State Police using the Illinois State Police Sexual 
Assault Evidence Collection Kit, if appropriate, assessing the 
patient for drug-facilitated or alcohol-facilitated sexual 
assault, providing an evaluation of and care for sexually 
transmitted infection and human immunodeficiency virus (HIV), 
pregnancy risk evaluation and care, and discharge and 
follow-up healthcare planning. 
    "Pediatric health care facility" means a clinic or 
physician's office that provides medical services to pediatric 
patients.
    "Pediatric sexual assault survivor" means a person under 
the age of 13 who presents for medical forensic services in 
relation to injuries or trauma resulting from a sexual 
assault.
    "Photo documentation" means digital photographs or 
colposcope videos stored and backed up securely in the 
original file format. 
    "Physician" means a person licensed to practice medicine 
in all its branches.

    "Physician assistant" has the meaning provided in Section 
4 of the Physician Assistant Practice Act of 1987.
    "Prepubescent sexual assault survivor" means a female who 
is under the age of 18 years and has not had a first menstrual 
cycle or a male who is under the age of 18 years and has not 
started to develop secondary sex characteristics who presents 
for medical forensic services in relation to injuries or 
trauma resulting from a sexual assault.
    "Qualified medical provider" means a board-certified child 
abuse pediatrician, board-eligible child abuse pediatrician, a 
sexual assault forensic examiner, or a sexual assault nurse 
examiner who has access to photo documentation tools, and who 
participates in peer review. 
    "Registered Professional Nurse" has the meaning provided 
in Section 50-10 of the Nurse Practice Act. 
    "Sexual assault" means:
        (1) an act of sexual conduct; as used in this 
    paragraph, "sexual conduct" has the meaning provided under 
    Section 11-0.1 of the Criminal Code of 2012; or
        (2) any act of sexual penetration; as used in this 
    paragraph, "sexual penetration" has the meaning provided 
    under Section 11-0.1 of the Criminal Code of 2012 and 
    includes, without limitation, acts prohibited under 
    Sections 11-1.20 through 11-1.60 of the Criminal Code of 
    2012.

    "Sexual assault forensic examiner" means a physician or 
physician assistant who has completed training that meets or 
is substantially similar to the Sexual Assault Nurse Examiner 
Education Guidelines established by the International 
Association of Forensic Nurses.
    "Sexual assault nurse examiner" means an advanced practice 
registered nurse or registered professional nurse who has 
completed a sexual assault nurse examiner training program 
that meets the Sexual Assault Nurse Examiner Education 
Guidelines established by the International Association of 
Forensic Nurses.
    "Sexual assault services voucher" means a document 
generated by a hospital or approved pediatric health care 
facility at the time the sexual assault survivor receives 
outpatient medical forensic services that may be used to seek 
payment for any ambulance services, medical forensic services, 
laboratory services, pharmacy services, and follow-up 
healthcare provided as a result of the sexual assault. 
    "Sexual assault survivor" means a person who presents for 
medical forensic services in relation to injuries or trauma 
resulting from a sexual assault.

    "Sexual assault transfer plan" means a written plan 
developed by a hospital and approved by the Department, which 
describes the hospital's procedures for transferring sexual 
assault survivors to another hospital, and an approved 
pediatric health care facility, if applicable, in order to 
receive medical forensic services.
    "Sexual assault treatment plan" means a written plan that 
describes the procedures and protocols for providing medical 
forensic services to sexual assault survivors who present 
themselves for such services, either directly or through 
transfer from a hospital or an approved pediatric health care 
facility.

    "Transfer hospital" means a hospital with a sexual assault 
transfer plan approved by the Department. 
    "Transfer services" means the appropriate medical 
screening examination and necessary stabilizing treatment 
prior to the transfer of a sexual assault survivor to a 
hospital or an approved pediatric health care facility that 
provides medical forensic services to sexual assault survivors 
pursuant to a sexual assault treatment plan or areawide sexual 
assault treatment plan.

    "Treatment hospital" means a hospital with a sexual 
assault treatment plan approved by the Department to provide 
medical forensic services to all sexual assault survivors who 
present with a complaint of sexual assault within a minimum of 
the last 7 days or who have disclosed past sexual assault by a 
specific individual and were in the care of that individual 
within a minimum of the last 7 days.
    "Treatment hospital with approved pediatric transfer" 
means a hospital with a treatment plan approved by the 
Department to provide medical forensic services to sexual 
assault survivors 13 years old or older who present with a 
complaint of sexual assault within a minimum of the last 7 days 
or who have disclosed past sexual assault by a specific 
individual and were in the care of that individual within a 
minimum of the last 7 days. 
    (b) This Section is effective on and after January 1, 2024 
2022. 
(Source: P.A. 101-81, eff. 7-12-19; 101-634, eff. 6-5-20; 
102-22, eff. 6-25-21; 102-538, eff. 8-20-21; 102-674, eff. 
11-30-21; revised 12-16-21.)

 
    (410 ILCS 70/1a-1)
    (Section scheduled to be repealed on December 31, 2023)
    Sec. 1a-1. Definitions.
    (a) In this Act:
    "Advanced practice registered nurse" has the meaning 
provided in Section 50-10 of the Nurse Practice Act.
    "Ambulance provider" means an individual or entity that 
owns and operates a business or service using ambulances or 
emergency medical services vehicles to transport emergency 
patients.
    "Approved pediatric health care facility" means a health 
care facility, other than a hospital, with a sexual assault 
treatment plan approved by the Department to provide medical 
forensic services to pediatric sexual assault survivors who 
present with a complaint of sexual assault within a minimum of 
the last 7 days or who have disclosed past sexual assault by a 
specific individual and were in the care of that individual 
within a minimum of the last 7 days.
    "Approved federally qualified health center" means a 
facility as defined in Section 1905(l)(2)(B) of the federal 
Social Security Act with a sexual assault treatment plan 
approved by the Department to provide medical forensic 
services to sexual assault survivors 13 years old or older who 
present with a complaint of sexual assault within a minimum of 
the last 7 days or who have disclosed past sexual assault by a 
specific individual and were in the care of that individual 
within a minimum of the last 7 days.
    "Areawide sexual assault treatment plan" means a plan, 
developed by hospitals or by hospitals, approved pediatric 
health care facilities, and approved federally qualified 
health centers in a community or area to be served, which 
provides for medical forensic services to sexual assault 
survivors that shall be made available by each of the 
participating hospitals and approved pediatric health care 
facilities.
    "Board-certified child abuse pediatrician" means a 
physician certified by the American Board of Pediatrics in 
child abuse pediatrics.
    "Board-eligible child abuse pediatrician" means a 
physician who has completed the requirements set forth by the 
American Board of Pediatrics to take the examination for 
certification in child abuse pediatrics.
    "Department" means the Department of Public Health.
    "Emergency contraception" means medication as approved by 
the federal Food and Drug Administration (FDA) that can 
significantly reduce the risk of pregnancy if taken within 72 
hours after sexual assault.
    "Federally qualified health center" means a facility as 
defined in Section 1905(l)(2)(B) of the federal Social 
Security Act that provides primary care or sexual health 
services.
    "Follow-up healthcare" means healthcare services related 
to a sexual assault, including laboratory services and 
pharmacy services, rendered within 180 90 days of the initial 
visit for medical forensic services.
    "Health care professional" means a physician, a physician 
assistant, a sexual assault forensic examiner, an advanced 
practice registered nurse, a registered professional nurse, a 
licensed practical nurse, or a sexual assault nurse examiner.
    "Hospital" means a hospital licensed under the Hospital 
Licensing Act or operated under the University of Illinois 
Hospital Act, any outpatient center included in the hospital's 
sexual assault treatment plan where hospital employees provide 
medical forensic services, and an out-of-state hospital that  
has consented to the jurisdiction of the Department under 
Section 2.06-1.
    "Illinois State Police Sexual Assault Evidence Collection 
Kit" means a prepackaged set of materials and forms to be used 
for the collection of evidence relating to sexual assault. The 
standardized evidence collection kit for the State of Illinois 
shall be the Illinois State Police Sexual Assault Evidence 
Collection Kit.
    "Law enforcement agency having jurisdiction" means the law 
enforcement agency in the jurisdiction where an alleged sexual 
assault or sexual abuse occurred.
    "Licensed practical nurse" has the meaning provided in 
Section 50-10 of the Nurse Practice Act.
    "Medical forensic services" means health care delivered to 
patients within or under the care and supervision of personnel 
working in a designated emergency department of a hospital, 
approved pediatric health care facility, or an approved 
federally qualified health centers.
    "Medical forensic services" includes, but is not limited 
to, taking a medical history, performing photo documentation, 
performing a physical and anogenital examination, assessing 
the patient for evidence collection, collecting evidence in 
accordance with a statewide sexual assault evidence collection 
program administered by the Department of State Police using 
the Illinois State Police Sexual Assault Evidence Collection 
Kit, if appropriate, assessing the patient for 
drug-facilitated or alcohol-facilitated sexual assault, 
providing an evaluation of and care for sexually transmitted 
infection and human immunodeficiency virus (HIV), pregnancy 
risk evaluation and care, and discharge and follow-up 
healthcare planning.
    "Pediatric health care facility" means a clinic or 
physician's office that provides medical services to pediatric 
patients.
    "Pediatric sexual assault survivor" means a person under 
the age of 13 who presents for medical forensic services in 
relation to injuries or trauma resulting from a sexual 
assault.
    "Photo documentation" means digital photographs or 
colposcope videos stored and backed up securely in the 
original file format.
    "Physician" means a person licensed to practice medicine 
in all its branches.
    "Physician assistant" has the meaning provided in Section 
4 of the Physician Assistant Practice Act of 1987.
    "Prepubescent sexual assault survivor" means a female who 
is under the age of 18 years and has not had a first menstrual 
cycle or a male who is under the age of 18 years and has not 
started to develop secondary sex characteristics who presents 
for medical forensic services in relation to injuries or 
trauma resulting from a sexual assault.
    "Qualified medical provider" means a board-certified child 
abuse pediatrician, board-eligible child abuse pediatrician, a 
sexual assault forensic examiner, or a sexual assault nurse 
examiner who has access to photo documentation tools, and who 
participates in peer review.
    "Registered Professional Nurse" has the meaning provided 
in Section 50-10 of the Nurse Practice Act.
    "Sexual assault" means:
        (1) an act of sexual conduct; as used in this 
    paragraph, "sexual conduct" has the meaning provided under 
    Section 11-0.1 of the Criminal Code of 2012; or
        (2) any act of sexual penetration; as used in this 
    paragraph, "sexual penetration" has the meaning provided 
    under Section 11-0.1 of the Criminal Code of 2012 and 
    includes, without limitation, acts prohibited under 
    Sections 11-1.20 through 11-1.60 of the Criminal Code of 
    2012.
    "Sexual assault forensic examiner" means a physician or 
physician assistant who has completed training that meets or 
is substantially similar to the Sexual Assault Nurse Examiner 
Education Guidelines established by the International 
Association of Forensic Nurses.
    "Sexual assault nurse examiner" means an advanced practice 
registered nurse or registered professional nurse who has 
completed a sexual assault nurse examiner training program 
that meets the Sexual Assault Nurse Examiner Education 
Guidelines established by the International Association of 
Forensic Nurses.
    "Sexual assault services voucher" means a document 
generated by a hospital or approved pediatric health care 
facility at the time the sexual assault survivor receives 
outpatient medical forensic services that may be used to seek 
payment for any ambulance services, medical forensic services, 
laboratory services, pharmacy services, and follow-up 
healthcare provided as a result of the sexual assault.
    "Sexual assault survivor" means a person who presents for 
medical forensic services in relation to injuries or trauma 
resulting from a sexual assault.
    "Sexual assault transfer plan" means a written plan 
developed by a hospital and approved by the Department, which 
describes the hospital's procedures for transferring sexual 
assault survivors to another hospital, and an approved 
pediatric health care facility, if applicable, in order to 
receive medical forensic services.
    "Sexual assault treatment plan" means a written plan that 
describes the procedures and protocols for providing medical 
forensic services to sexual assault survivors who present 
themselves for such services, either directly or through 
transfer from a hospital or an approved pediatric health care 
facility.
    "Transfer hospital" means a hospital with a sexual assault 
transfer plan approved by the Department.
    "Transfer services" means the appropriate medical 
screening examination and necessary stabilizing treatment 
prior to the transfer of a sexual assault survivor to a 
hospital or an approved pediatric health care facility that 
provides medical forensic services to sexual assault survivors 
pursuant to a sexual assault treatment plan or areawide sexual 
assault treatment plan.
    "Treatment hospital" means a hospital with a sexual 
assault treatment plan approved by the Department to provide 
medical forensic services to all sexual assault survivors who 
present with a complaint of sexual assault within a minimum of 
the last 7 days or who have disclosed past sexual assault by a 
specific individual and were in the care of that individual 
within a minimum of the last 7 days.
    "Treatment hospital with approved pediatric transfer" 
means a hospital with a treatment plan approved by the 
Department to provide medical forensic services to sexual 
assault survivors 13 years old or older who present with a 
complaint of sexual assault within a minimum of the last 7 days 
or who have disclosed past sexual assault by a specific 
individual and were in the care of that individual within a 
minimum of the last 7 days.
    (b) This Section is repealed on December 31, 2023. 

(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 
102-674, eff. 11-30-21.)
 
    (410 ILCS 70/2-1)
    (Section scheduled to be repealed on December 31, 2023)
    Sec. 2-1. Hospital, approved pediatric health care 
facility, and approved federally qualified health center 
requirements for sexual assault plans.
    (a) Every hospital
required to be licensed by the 
Department pursuant to
the Hospital Licensing Act, or operated 
under the University of Illinois Hospital Act that provides 
general medical and surgical hospital services
shall provide 
either (i) transfer services to all sexual assault survivors, 
(ii) medical forensic services to all sexual assault 
survivors, or (iii) transfer services to pediatric sexual 
assault survivors and medical forensic services to sexual 
assault survivors 13 years old or older, in accordance with 
rules adopted by the Department. 
    In addition, every such hospital, regardless of whether or 
not a request
is made for reimbursement, shall submit
to the 
Department a plan to provide either (i) transfer services to 
all sexual assault survivors, (ii) medical forensic services 
to all sexual assault survivors, or (iii) transfer services to 
pediatric sexual assault survivors and medical forensic 
services to sexual assault survivors 13 years old or older.
  
The
Department shall approve such plan for
either (i) transfer 
services to all sexual assault survivors, (ii) medical 
forensic services

to all sexual assault survivors, or (iii) 
transfer services to pediatric sexual assault survivors and 
medical forensic services to sexual assault survivors 13 years 
old or older, if it finds that the implementation of
the 
proposed plan would provide (i) transfer services or (ii) 
medical forensic services for
 sexual assault survivors in 
accordance with the requirements of this Act and provide 
sufficient protections from the
risk of pregnancy to

sexual 
assault survivors. Notwithstanding anything to the contrary in 
this paragraph, the Department may approve a sexual assault 
transfer plan for the provision of medical forensic services 
if: 
        (1) a treatment hospital with approved pediatric 
    transfer has agreed, as part of an areawide treatment 
    plan, to accept sexual assault survivors 13 years of age 
    or older from the proposed transfer hospital, if the 
    treatment hospital with approved pediatric transfer is 
    geographically closer to the transfer hospital than a 
    treatment hospital or another treatment hospital with 
    approved pediatric transfer and such transfer is not 
    unduly burdensome on the sexual assault survivor; and 
        (2) a treatment hospital has agreed, as a part of an 
    areawide treatment plan, to accept sexual assault 
    survivors under 13 years of age from the proposed transfer 
    hospital and transfer to the treatment hospital would not 
    unduly burden the sexual assault survivor. 
    The Department may not approve a sexual assault transfer 
plan unless a treatment hospital has agreed, as a part of an 
areawide treatment plan, to accept sexual assault survivors 
from the proposed transfer hospital and a transfer to the 
treatment hospital would not unduly burden the sexual assault 
survivor. 
    In counties with a population of less than 1,000,000, the 
Department may not approve a sexual assault transfer plan for 
a hospital located within a 20-mile radius of a 4-year public 
university, not including community colleges, unless there is 
a treatment hospital with a sexual assault treatment plan 
approved by the Department within a 20-mile radius of the 
4-year public university. 
    A transfer must be in accordance with federal and State 
laws and local ordinances. 
    A treatment hospital with approved pediatric transfer must 
submit an areawide treatment plan under Section 3-1 of this 
Act that includes a written agreement with a treatment 
hospital stating that the treatment hospital will provide 
medical forensic services to pediatric sexual assault 
survivors transferred from the treatment hospital with 
approved pediatric transfer.  The areawide treatment plan may 
also include an approved pediatric health care facility. 
    A transfer hospital must submit an areawide treatment plan 
under Section 3-1 of this Act that includes a written 
agreement with a treatment hospital stating that the treatment 
hospital will provide medical forensic services to all sexual 
assault survivors transferred from the transfer hospital.  The 
areawide treatment plan may also include an approved pediatric 
health care facility. Notwithstanding anything to the contrary 
in this paragraph, the areawide treatment plan may include a 
written agreement with a treatment hospital with approved 
pediatric transfer that is geographically closer than other 
hospitals providing medical forensic services to sexual 
assault survivors 13 years of age or older stating that the 
treatment hospital with approved pediatric transfer will 
provide medical services to sexual assault survivors 13 years 
of age or older who are transferred from the transfer 
hospital.  If the areawide treatment plan includes a written 
agreement with a treatment hospital with approved pediatric 
transfer, it must also include a written agreement with a 
treatment hospital stating that the treatment hospital will 
provide medical forensic services to sexual assault survivors 
under 13 years of age who are transferred from the transfer 
hospital. 
    Beginning January 1, 2019, each treatment hospital and 
treatment hospital with approved pediatric transfer shall 
ensure that emergency department attending physicians, 
physician assistants, advanced practice registered nurses, and 
registered professional nurses providing clinical services, 
who do not meet the definition of a qualified medical provider 
in Section 1a-1 of this Act, receive a minimum of 2 hours of 
sexual assault training by July 1, 2020 or until the treatment 
hospital or treatment hospital with approved pediatric 
transfer certifies to the Department, in a form and manner 
prescribed by the Department, that it employs or contracts 
with a qualified medical provider in accordance with 
subsection (a-7) of Section 5-1, whichever occurs first. 
    After July 1, 2020 or once a treatment hospital or a 
treatment hospital with approved pediatric transfer certifies 
compliance with subsection (a-7) of Section 5-1, whichever 
occurs first, each treatment hospital and treatment hospital 
with approved pediatric transfer shall ensure that emergency 
department attending physicians, physician assistants, 
advanced practice registered nurses, and registered 
professional nurses providing clinical services, who do not 
meet the definition of a qualified medical provider in Section 
1a-1 of this Act, receive a minimum of 2 hours of continuing 
education on responding to sexual assault survivors every 2 
years. Protocols for training shall be included in the 
hospital's sexual assault treatment plan. 
    Sexual assault training provided under this subsection may 
be provided in person or online and shall include, but not be  
limited to: 
        (1) information  provided on the provision of medical 
    forensic services; 
        (2) information on the use of the Illinois Sexual 
    Assault Evidence Collection Kit; 
        (3) information on sexual assault epidemiology, 
    neurobiology of trauma, drug-facilitated sexual assault, 
    child sexual abuse, and Illinois sexual assault-related 
    laws; and 
        (4) information on the hospital's sexual 
    assault-related policies and procedures. 
    The online training made available by the Office of the 
Attorney General under subsection (b) of Section 10-1 may be 
used to comply with this subsection. 
    (b) An approved pediatric health care facility may provide 
medical forensic services, in accordance with rules adopted by 
the Department, to all pediatric sexual assault survivors who 
present for medical forensic services in relation to injuries 
or trauma resulting from a sexual assault. These services 
shall be provided by a qualified medical provider. 
    A pediatric health care facility must participate in or 
submit an areawide treatment plan under Section 3-1 of this 
Act that includes a treatment hospital. If a pediatric health 
care facility does not provide certain medical or surgical 
services that are provided by hospitals, the areawide sexual 
assault treatment plan must include a procedure for ensuring a 
sexual assault survivor in need of such medical or surgical 
services receives the services at the treatment hospital.  The 
areawide treatment plan may also include a treatment hospital 
with approved pediatric transfer. 
    The Department shall review a proposed sexual assault 
treatment plan submitted by a pediatric health care facility 
within 60 days after receipt of the plan.  If the Department 
finds that the proposed plan meets the minimum requirements 
set forth in Section 5-1 of this Act and that implementation of 
the proposed plan would provide medical forensic services for 
pediatric sexual assault survivors, then the Department shall 
approve the plan.  If the Department does not approve a plan,  
then the Department shall notify the pediatric health care 
facility that the proposed plan has not been approved.  The 
pediatric health care facility shall have 30 days to submit a 
revised plan.  The Department shall review the revised plan 
within 30 days after receipt of the plan and notify the 
pediatric health care facility whether the revised plan is 
approved or rejected.  A pediatric health care facility may not 
provide medical forensic services to pediatric sexual assault 
survivors who present with a complaint of sexual assault 
within a minimum of the last 7 days or who have disclosed past 
sexual assault by a specific individual and were in the care of 
that individual within a minimum of the last 7 days until the 
Department has approved a treatment plan. 
    If an approved pediatric health care facility is not open 
24 hours a day, 7 days a week, it shall post signage at each 
public entrance to its facility that: 
        (1) is at least 14 inches by 14 inches in size; 
        (2) directs those seeking services as follows: "If 
    closed, call 911 for services or go to the closest 
    hospital emergency department, (insert name) located at 
    (insert address)."; 
        (3) lists the approved pediatric health care 
    facility's hours of operation; 
        (4) lists the street address of the building; 
        (5) has a black background with white bold capital 
    lettering in a clear and easy to read font that is at least 
    72-point type, and with "call 911" in at least 125-point 
    type; 
        (6) is posted clearly and conspicuously on or adjacent 
    to the door at each entrance and, if building materials 
    allow, is posted internally for viewing through glass;   if 
    posted externally, the sign shall be made of 
    weather-resistant and theft-resistant materials, 
    non-removable, and adhered permanently to the building; 
    and 
        (7) has lighting that is part of the sign itself or is 
    lit with a dedicated light that fully illuminates the 
    sign. 
    (b-5) An approved federally qualified health center may 
provide medical forensic services, in accordance with rules 
adopted by the Department, to all sexual assault survivors 13 
years old or older who present for medical forensic services 
in relation to injuries or trauma resulting from a sexual 
assault during the duration, and 90 days thereafter, of a 
proclamation issued by the Governor declaring a disaster, or a 
successive proclamation regarding the same disaster, in all 
102 counties due to a public health emergency. These services 
must be available on-site during an approved federally 
qualified health center's hours of operation and shall be 
provided by (i) a qualified medical provider, physician, 
physician assistant, or advanced practice registered nurse who 
has received a minimum of 10 hours of sexual assault training 
provided by a qualified medical provider on current Illinois 
legislation, how to properly perform a medical forensic 
examination, evidence collection, drug and alcohol facilitated 
sexual assault, and forensic photography and has all 
documentation and photos peer reviewed by a qualified medical 
provider
or (ii) until the federally qualified health care 
center certifies to the Department, in a form and manner 
prescribed by the Department, that it employs or contracts 
with a qualified medical provider in accordance with 
subsection (a-7) of Section 5-1, whichever occurs first. If 
the treatment plan is terminated, the federally qualified 
health center must submit to the Department for approval, 
before providing medical forensic services, a new treatment 
plan and a list of qualified medical providers to ensure 
coverage for the days and hours of operation. 
    A federally qualified health center must employ a Sexual 
Assault Nurse Examiner Coordinator who is a qualified medical 
provider and a Medical Director who is a qualified medical 
provider. 
    A federally qualified health center must participate in or 
submit an areawide treatment plan under Section 3-1 of this 
Act that includes a treatment hospital. If a federally 
qualified health center does not provide certain medical or 
surgical services that are provided by hospitals, the areawide 
sexual assault treatment plan must include a procedure for 
ensuring a sexual assault survivor in need of such medical or 
surgical services receives the services at the treatment 
hospital. The areawide treatment plan may also include a 
treatment hospital with approved pediatric transfer or an 
approved pediatric health care facility. An approved federally 
qualified health center must report each instance that a 
sexual assault survivor is transferred to a treatment 
hospital, treatment hospital with approved pediatric transfer, 
or an approved pediatric health care facility to the 
Department within 24 hours of the transfer, in a form and 
manner prescribed by the Department, including the reason for 
the transfer. 
    The Department shall review a proposed sexual assault 
treatment plan submitted by a federally qualified health 
center within 14 days after receipt of the plan. The If the 
Department shall approve the proposed sexual assault treatment 
plan if it finds that the proposed plan:
        (1) meets the minimum requirements set forth in 
    Section 5-1;
        (2) and that implementation of the proposed plan would 
    provide medical forensic services for sexual assault 
    survivors 13 years old or older on-site during the 
    approved federally qualified health center's hours of 
    operation; and
        (3) includes an emergency protocol for sexual assault 
    survivors 13 years old or older to be transferred to a 
    treatment hospital or treatment hospital with approved 
    pediatric transfer to receive medical forensic services if 
    medical forensic services are not available by a qualified 
    medical provider during the approved federally qualified 
    health center's hours of operation, as required , then the 
    Department shall approve the plan. 
    The Department shall not approve sexual assault treatment 
plans for more than 6 federally qualified health centers, 
which must be located  in geographically diverse areas of the 
State. If the Department does not approve a plan, then the 
Department shall notify the federally qualified health center 
that the proposed plan has not been approved. The federally 
qualified health center shall have 14 days to submit a revised 
plan. The Department shall review the revised plan within 14 
days after receipt of the plan and notify the federally 
qualified health center whether the revised plan is approved 
or rejected. A federally qualified health center may not (i) 
provide medical forensic services to sexual assault survivors 
13 years old or older who present with a complaint of sexual 
assault within a minimum of the previous 7 days or (ii) who 
have disclosed past sexual assault by a specific individual 
and were in the care of that individual within a minimum of the 
previous 7 days until the Department has approved a treatment 
plan. 
    Each approved federally qualified health center shall 
ensure that any physician, physician assistant, advanced 
practice registered nurse, or registered professional nurse 
who (i) provides clinical services to sexual assault survivors 
and (ii) does not meet the definition of a qualified medical 
provider under Section 1a-1 receives (A) a minimum of 2 hours 
of sexual assault training within 6 months after the effective 
date of this amendatory Act of the 102nd General Assembly or 
within 6 months after beginning employment, whichever is 
later, and (B) a minimum of 2 hours of continuing education on 
responding to sexual assault survivors every 2 years.  
Protocols for training shall be included in the approved 
federally qualified health center's sexual assault treatment 
plan. Sexual assault training provided under this paragraph 
may be provided in person or online and shall include, but not 
be limited to:
        (1) information provided on the provision of medical
    
    forensic services;
        (2) information on the use of the Illinois Sexual
    
    Assault Evidence Collection Kit;
        (3) information on sexual assault epidemiology,
    
    neurobiology of trauma, drug-facilitated sexual assault, 
    child sexual abuse, and Illinois sexual assault-related 
    laws; and
        (4) information on the approved federally qualified 
    health center's sexual assault-related policies and 
    procedures.
    The online training made available by the Office of the 
Attorney General under subsection (b) of Section 10-1 may be 
used to comply with the sexual assault training required under 
the preceding paragraph.
    If an approved federally qualified health center is not 
open 24 hours a day, 7 days a week, it shall post signage at 
each public entrance to its facility that: 
        (1) is at least 14 inches by 14 inches in size; 
        (2) directs those seeking services as follows: "If 
    closed, call 911 for services or go to the closest 
    hospital emergency department, (insert name) located at 
    (insert address)."; 
        (3) lists the approved federally qualified health 
    center's hours of operation; 
        (4) lists the street address of the building; 
        (5) has a black background with white bold capital 
    lettering in a clear and easy to read font that is at least 
    72-point type, and with "call 911" in at least 125-point 
    type; 
        (6) is posted clearly and conspicuously on or adjacent 
    to the door at each entrance and, if building materials 
    allow, is posted internally for viewing through glass; if 
    posted externally, the sign shall be made of 
    weather-resistant and theft-resistant materials, 
    non-removable, and adhered permanently to the building; 
    and 
        (7) has lighting that is part of the sign itself or is 
    lit with a dedicated light that fully illuminates the 
    sign; . 
        (8) directs those seeking services as follows: "Call 
    the local rape crisis center for support."; and
        (9) includes the name and hotline number, available 24 
    hours a day, 7 days a week, of the local rape crisis 
    center. 
    A copy of the proposed sign must be submitted to the 
Department and approved as part of the approved federally 
qualified health center's sexual assault treatment plan. 
    (c) Each treatment hospital, treatment hospital with 
approved pediatric transfer, approved pediatric health care 
facility, and approved federally qualified health center must 
enter into a  memorandum of understanding with a rape crisis 
center for medical advocacy services, if these services are 
available to the treatment hospital, treatment hospital with 
approved pediatric transfer, approved pediatric health care 
facility, or approved federally qualified health center. With 
the consent of the sexual assault survivor, a rape crisis 
counselor shall remain in the exam room during the collection 
for forensic evidence.
    An approved federally qualified health center that has a 
memorandum of understanding with a rape crisis center must 
notify the rape crisis center immediately if medical forensic 
services are not available during the approved federally 
qualified health center's hours of operation or if the 
approved federally qualified health center's treatment plan is 
terminated by the Department. 
    (d) Every treatment hospital, treatment hospital with 
approved pediatric transfer, approved pediatric health care 
facility, and approved federally qualified health center's 
sexual assault treatment plan shall include procedures for 
complying with mandatory reporting requirements pursuant to 
(1) the Abused and Neglected Child Reporting Act; (2) the 
Abused and Neglected Long Term Care Facility Residents 
Reporting Act; (3) the Adult Protective Services Act; and (iv) 
the Criminal Identification Act. 
    (e) Each treatment hospital, treatment hospital with 
approved pediatric transfer, approved pediatric health care 
facility, and approved federally qualified health center shall 
submit to the Department every 6 months, in a manner 
prescribed by the Department, the following information: 
        (1) The total number of patients who presented with a 
    complaint of sexual assault. 
        (2) The total number of Illinois Sexual Assault 
    Evidence Collection Kits: 
            (A) offered to (i) all sexual assault survivors 
        and (ii) pediatric sexual assault survivors
       pursuant 
        to paragraph (1.5) of subsection (a-5) of Section 5-1; 
            (B) completed for (i) all sexual assault survivors 
        and (ii) pediatric sexual assault
       survivors; and 
            (C) declined by (i) all sexual assault survivors 
        and (ii) pediatric sexual assault survivors. 
    This information shall be made available on the 
Department's website. 
    (f) This Section is repealed on December 31, 2023. 

(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 
102-674, eff. 11-30-21.)
 
    (410 ILCS 70/5-1)
    (Section scheduled to be repealed on December 31, 2023)
    Sec. 5-1. Minimum requirements for medical forensic 
services provided to sexual assault survivors by hospitals, 
approved pediatric health care facilities, and approved 
federally qualified health centers.
    (a) Every hospital, approved pediatric health care 
facility, and approved federally qualified health center 
providing medical forensic services to sexual assault 
survivors under this Act shall, as minimum requirements for






such services, provide, with the consent of the sexual assault 
survivor, and as ordered by the attending physician, an 
advanced practice registered nurse, or a physician assistant, 
the services set forth in subsection (a-5).
    Beginning January 1, 2023, a qualified medical provider 
must provide the services set forth in subsection (a-5).
    (a-5) A treatment hospital, a treatment hospital with 
approved pediatric transfer, or an approved pediatric health 
care facility, or an approved federally qualified health 
center shall provide the following services in accordance with 
subsection (a):
        (1) Appropriate medical forensic services without 
    delay, in a private, age-appropriate or 
    developmentally-appropriate space, required to ensure the 
    health, safety, and welfare
of a sexual assault survivor 
    and which may be
used as evidence in a criminal proceeding 
    against a person accused of the
sexual assault, in a 
    proceeding under the Juvenile Court Act of 1987, or in an 
    investigation under the Abused and Neglected Child 
    Reporting Act.
        Records of medical forensic services, including 
    results of examinations and tests, the Illinois State 
    Police Medical Forensic Documentation Forms, the Illinois 
    State Police Patient Discharge Materials, and the Illinois 
    State Police Patient Consent: Collect and Test Evidence or 
    Collect and Hold Evidence Form, shall be maintained by the 
    hospital or approved pediatric health care facility as 
    part of the patient's electronic medical record.
        Records of medical forensic services of sexual assault 
    survivors under the age of 18 shall be retained by the 
    hospital for a period of 60 years after the sexual assault 
    survivor reaches the age of 18. Records of medical 
    forensic services of sexual assault survivors 18 years of 
    age or older shall be retained by the hospital for a period 
    of 20 years after the date the record was created.
        Records of medical forensic services may only be 
    disseminated in accordance with Section 6.5-1 of this Act 
    and other State and federal law.
        (1.5) An offer to complete the Illinois Sexual Assault 
    Evidence Collection Kit for any sexual assault survivor 
    who presents within a minimum of the last 7 days of the 
    assault or who has disclosed past sexual assault by a 
    specific individual and was in the care of that individual 
    within a minimum of the last 7 days.
            (A) Appropriate oral and written information 
        concerning evidence-based guidelines for the 
        appropriateness of evidence collection depending on 
        the sexual development of the sexual assault survivor, 
        the type of sexual assault, and the timing of the 
        sexual assault shall be provided to the sexual assault 
        survivor.  Evidence collection is encouraged for 
        prepubescent sexual assault survivors who present to a 
        hospital or approved pediatric health care facility 
        with a complaint of sexual assault within a minimum of 
        96 hours after the sexual assault.
            Before January 1, 2023, the information required 
        under this subparagraph shall be provided in person by 
        the health care professional providing medical 
        forensic services directly to the sexual assault 
        survivor.
            On and after January 1, 2023, the information 
        required under this subparagraph shall be provided in 
        person by the qualified medical provider providing 
        medical forensic services directly to the sexual 
        assault survivor.
            The written information provided shall be the 
        information created in accordance with Section 10-1 of 
        this Act.
            (B) Following the discussion regarding the 
        evidence-based guidelines for evidence collection in 
        accordance with subparagraph (A), evidence collection 
        must be completed at the sexual assault survivor's 
        request.   A sexual assault nurse examiner conducting an 
        examination using the Illinois State Police Sexual 
        Assault Evidence Collection Kit may do so without the 
        presence or participation of a physician.
        (2) Appropriate oral and written information 
    concerning the possibility
of infection, sexually 
    transmitted infection, including an evaluation of the 
    sexual assault survivor's risk of contracting human 
    immunodeficiency virus (HIV) from sexual assault, and 
    pregnancy
resulting from sexual assault.
        (3) Appropriate oral and written information 
    concerning accepted medical
procedures, laboratory tests, 
    medication, and possible contraindications of such 
    medication
available for the prevention or treatment of 
    infection or disease resulting
from sexual assault.
        (3.5) After a medical evidentiary or physical 
    examination, access to a shower at no cost, unless 
    showering facilities are unavailable.
        (4) An amount of  medication, including HIV 
    prophylaxis, for treatment at the hospital, or approved 
    pediatric health care facility, or approved federally 
    qualified health center and after discharge as is deemed 
    appropriate by the attending physician, an advanced 
    practice registered nurse, or a physician assistant in 
    accordance with the Centers for Disease Control and 
    Prevention guidelines and consistent with the hospital's 
    or approved pediatric health care facility's current 
    approved protocol for sexual assault survivors.
        (5) Photo documentation of the sexual assault 
    survivor's injuries, anatomy involved in the assault, or 
    other visible evidence on the sexual assault survivor's 
    body to supplement the medical forensic history and 
    written documentation of physical findings and evidence 
    beginning July 1, 2019. Photo documentation does not 
    replace written documentation of the injury.
        (6) Written and oral instructions indicating the need 
    for follow-up examinations and laboratory tests after the 
    sexual assault to determine the presence or absence of

    sexually transmitted infection.
        (7) Referral by hospital, or approved pediatric health 
    care facility, or approved federally qualified health 
    center personnel for appropriate counseling.
        (8) Medical advocacy services provided by a rape 
    crisis counselor whose communications are protected under 
    Section 8-802.1 of the Code of Civil Procedure, if there 
    is a memorandum of understanding  between the hospital, or 
    approved pediatric health care facility, or approved 
    federally qualified health center and a rape crisis 
    center. With the consent of the sexual assault survivor, a 
    rape crisis counselor shall remain in the exam room during 
    the medical forensic examination.
        (9) Written information regarding services provided by 
    a Children's Advocacy Center and rape crisis center, if 
    applicable.
        (10) A treatment hospital,  a treatment hospital with 
    approved pediatric transfer, an out-of-state hospital as 
    defined in Section 5.4, or an approved pediatric health 
    care facility, or an approved federally qualified health 
    center shall comply with the rules relating to the 
    collection and tracking of sexual assault evidence adopted 
    by the Department of State Police under Section 50 of the 
    Sexual Assault Evidence Submission Act.
        (11) Written information regarding the Illinois State 
    Police sexual assault evidence tracking system. 
    (a-7) By January 1, 2023, every hospital with a treatment 
plan approved by the Department shall employ or contract with 
a qualified medical provider to initiate medical forensic 
services to a sexual assault survivor within 90 minutes of the 
patient presenting to the treatment hospital or treatment 
hospital with approved pediatric transfer. The provision of 
medical forensic services by a qualified medical provider 
shall not delay the provision of life-saving medical care.
    (a-10) Every federally qualified health center with a 
treatment plan approved by the Department shall employ or 
contract with a qualified medical provider to initiate medical 
forensic services to a sexual assault survivor within 90 
minutes of the patient presenting to the federally qualified 
health center. The provision of medical forensic services by a 
qualified medical provider shall not delay the provision of 
life-saving medical care. 
    (b) Any person who is a sexual assault survivor who seeks 
medical forensic services or follow-up healthcare

under this 
Act shall be provided such services without the consent
of any 
parent, guardian, custodian, surrogate, or agent. If a sexual 
assault survivor is unable to consent to medical forensic 
services, the services may be provided under the Consent by 
Minors to Medical Procedures Act, the Health Care Surrogate 
Act, or other applicable State and federal laws.
    (b-5) Every hospital, approved pediatric health care 
facility, or approved federally qualified health center 
providing medical forensic services to sexual assault 
survivors shall issue a voucher to any sexual assault survivor 
who is eligible to receive one in accordance with Section 
5.2-1 of this Act. The hospital, approved pediatric health 
care facility, or approved federally qualified health center 
shall make a copy of the voucher and place it in the medical 
record of the sexual assault survivor. The hospital, approved 
pediatric health care facility, or approved federally






qualified health center shall provide a copy of the voucher to 
the sexual assault survivor after discharge upon request.
    (c) Nothing in this Section creates a physician-patient 
relationship that extends beyond discharge from the hospital, 
or approved pediatric health care facility, or approved 
federally qualified health center.
    (d) This Section is repealed on December 31, 2023.

(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 
102-674, eff. 11-30-21.)
 
    (410 ILCS 70/5.4)
    Sec. 5.4. Out-of-state hospitals.
    (a) Nothing in this Section shall prohibit the transfer of 
a patient in need of medical services from a hospital that has 
been designated as a trauma center by the Department in 
accordance with Section 3.90 of the Emergency Medical Services 
(EMS) Systems Act.
    (b) A transfer hospital, treatment hospital with approved 
pediatric transfer, or approved  pediatric health care facility 
may transfer a sexual assault survivor to an out-of-state 
hospital that has been designated as a trauma center by the 
Department under Section 3.90 of the Emergency Medical 
Services (EMS) Systems Act if the out-of-state hospital: (1) 
submits an areawide treatment plan approved by the Department; 
and (2) has certified the following to the Department in a form 
and manner prescribed by the Department that the out-of-state 
hospital will: 
        (i) consent to the jurisdiction of the Department in 
    accordance with Section 2.06 of this Act;
        (ii) comply with all requirements of this Act 
    applicable to treatment hospitals, including, but not 
    limited to, offering evidence collection to any Illinois 
    sexual assault survivor who presents with a complaint of 
    sexual assault within a minimum of the last 7 days or who 
    has disclosed past sexual assault by a specific individual 
    and was in the care of that individual within a minimum of 
    the last 7 days and not billing the sexual assault 
    survivor for medical forensic services or 180 90 days of 
    follow-up healthcare;
        (iii) use an Illinois State Police Sexual Assault 
    Evidence Collection Kit to collect forensic evidence from 
    an Illinois sexual assault survivor;
        (iv) ensure its staff cooperates with Illinois law 
    enforcement agencies and are responsive to subpoenas 
    issued by Illinois courts; and
        (v) provide appropriate transportation upon the 
    completion of medical forensic services back to the 
    transfer hospital or treatment hospital with pediatric 
    transfer where the sexual assault survivor initially 
    presented seeking medical forensic services, unless the 
    sexual assault survivor chooses to arrange his or her own 
    transportation.
    (c) Subsection (b) of this Section is inoperative on and 
after January 1, 2024. 

(Source: P.A. 100-775, eff. 1-1-19.)
 
    (410 ILCS 70/5.5)
    Sec. 5.5. Minimum reimbursement requirements for follow-up 
healthcare.
    (a) Every hospital, pediatric health care facility, health 
care professional, laboratory, or pharmacy that provides 
follow-up healthcare to a sexual assault survivor,  with the 
consent of the sexual assault survivor and as ordered by the 
attending physician, an advanced practice registered nurse, or 
physician assistant shall be reimbursed for the follow-up 
healthcare services provided.  Follow-up healthcare services 
include, but are not limited to, the following:
        (1) a physical examination;
        (2) laboratory tests to determine the presence or 
    absence of sexually transmitted infection; and
        (3) appropriate medications, including HIV 
    prophylaxis, in accordance with the Centers for Disease 
    Control and Prevention's guidelines.
    (b) Reimbursable follow-up healthcare is limited to office 
visits with a physician, advanced practice registered nurse, 
or physician assistant within 180 90 days after an initial 
visit for hospital medical forensic services.
    (c) Nothing in this Section requires a hospital, pediatric 
health care facility, health care professional, laboratory, or 
pharmacy to provide follow-up healthcare to a sexual assault 
survivor.

    (d) This Section is effective on and after January 1, 
2024. 
(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 
102-674, eff. 11-30-21.)
 
    (410 ILCS 70/5.5-1)
    (Section scheduled to be repealed on December 31, 2023)
    Sec. 5.5-1. Minimum reimbursement requirements for 
follow-up healthcare.
    (a) Every hospital, pediatric health care facility, 
federally qualified health center, health care professional, 
laboratory, or pharmacy that provides follow-up healthcare to 
a sexual assault survivor, with the consent of the sexual 
assault survivor and as ordered by the attending physician, an 
advanced practice registered nurse, or physician assistant 
shall be reimbursed for the follow-up healthcare services 
provided. Follow-up healthcare services include, but are not 
limited to, the following: 
        (1) a physical examination; 
        (2) laboratory tests to determine the presence or 
    absence of sexually transmitted infection; and 
        (3) appropriate medications, including HIV 
    prophylaxis, in accordance with the Centers for Disease 
    Control and Prevention's guidelines. 
    (b) Reimbursable follow-up healthcare is limited to office 
visits with a physician, advanced practice registered nurse, 
or physician assistant within 180 90 days after an initial 
visit for hospital medical forensic services. 
    (c) Nothing in this Section requires a hospital, pediatric 
health care facility, federally qualified health center, 
health care professional, laboratory, or pharmacy to provide 
follow-up healthcare to a sexual assault survivor. 
    (d) This Section is repealed on December 31, 2023. 

(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 
102-674, eff. 11-30-21.)
 
    (410 ILCS 70/7.5)
    Sec. 7.5. Prohibition on billing sexual assault survivors 
directly for certain services; written notice; billing 
protocols.
    (a) A hospital, approved pediatric health care facility, 
health care professional, ambulance provider, laboratory, or 
pharmacy furnishing medical forensic services, transportation, 
follow-up healthcare, or medication to a sexual assault 
survivor shall not: 
        (1) charge  or submit a bill for any portion of the 
    costs of the services, transportation, or medications to 
    the sexual assault survivor, including any insurance 
    deductible, co-pay, co-insurance, denial of claim by an 
    insurer, spenddown, or any other out-of-pocket expense;
        (2) communicate with, harass, or intimidate the sexual 
    assault survivor for payment of services, including, but 
    not limited to, repeatedly calling or writing to the 
    sexual assault survivor and threatening to refer the 
    matter to a debt collection agency or to an attorney for 
    collection, enforcement, or filing of other process;
        (3) refer a bill to a collection agency or attorney 
    for collection action against the sexual assault survivor;
        (4) contact or distribute information to affect the 
    sexual assault survivor's credit rating; or
        (5) take any other action adverse to the sexual 
    assault survivor or his or her family on account of 
    providing services to the sexual assault survivor.
    (a-5) Notwithstanding any other provision of law, 
including, but not limited to, subsection (a), a sexual 
assault survivor who is not the subscriber or primary 
policyholder of the sexual assault survivor's insurance policy 
may opt out of billing the sexual assault survivor's private 
insurance
provider.
If the sexual assault survivor opts out of 
billing the sexual assault survivor's private insurance 
provider, then the bill for medical forensic services shall be 
sent to the Department of Healthcare and Family Services' 
Sexual Assault Emergency Treatment Program for reimbursement 
for the services provided to the sexual assault survivor. 
    (b) Nothing in this Section precludes a hospital, health 
care provider, ambulance provider, laboratory, or pharmacy 
from billing the sexual assault survivor or any applicable 
health insurance or coverage for inpatient services.
    (c) Every hospital and approved pediatric health care 
facility providing treatment services to sexual assault 
survivors in accordance with a plan approved under Section 2 
of this Act shall provide a written notice to a sexual assault 
survivor.  The written notice must include, but is not limited 
to, the following:
        (1) a statement that the sexual assault survivor 
    should not be directly billed by any ambulance provider 
    providing transportation services, or by any hospital, 
    approved pediatric health care facility, health care 
    professional, laboratory, or pharmacy for the services the 
    sexual assault survivor received as an outpatient at the 
    hospital or approved pediatric health care facility;
        (2) a statement that a sexual assault survivor who is 
    admitted to a hospital may be billed for inpatient 
    services provided by a hospital, health care professional, 
    laboratory, or pharmacy;
        (3) a statement that prior to leaving the hospital or 
    approved pediatric health care facility, the hospital or 
    approved pediatric health care facility will give the 
    sexual assault survivor a sexual assault services voucher 
    for follow-up healthcare if the sexual assault survivor is 
    eligible to receive a sexual assault services voucher;
        (4)  the definition of "follow-up healthcare" as set 
    forth in Section 1a of this Act;
        (5) a phone number the sexual assault survivor may 
    call should the sexual assault survivor receive a bill 
    from the hospital or approved pediatric health care 
    facility for medical forensic services;
        (6) the toll-free phone number of the Office of the 
    Illinois Attorney General, which the sexual assault 
    survivor may call should the sexual assault survivor 
    receive a bill from an ambulance provider, approved 
    pediatric health care facility, a health care 
    professional, a laboratory, or a pharmacy.
    This subsection (c) shall not apply to hospitals that 
provide transfer services as defined under Section 1a of this 
Act.
    (d) Within 60 days after the effective date of this 
amendatory Act of the 99th General Assembly, every health care 
professional, except for those employed by a hospital or 
hospital affiliate, as defined in the Hospital Licensing Act, 
or those employed by a hospital operated under the University 
of Illinois Hospital Act, who bills separately  for medical or 
forensic services must develop a billing protocol that ensures 
that no survivor of sexual assault will be sent a bill for any 
medical forensic services and submit the billing protocol to 
the Office of the Attorney General for approval. Within 60 
days after the commencement of the provision of medical 
forensic services, every health care professional, except for 
those employed by a hospital or hospital affiliate, as defined 
in the Hospital Licensing Act, or those employed by a hospital 
operated under the University of Illinois Hospital Act, who 
bills separately  for medical or forensic services must develop 
a billing protocol that ensures that no survivor of sexual 
assault is  sent a bill for any medical forensic services and 
submit the billing protocol to the Attorney General for 
approval. Health care professionals who bill as a legal entity 
may submit a single billing protocol for the billing entity. 
    Within 60 days after the Department's approval of a 
treatment plan, an approved pediatric health care facility and 
any health care professional employed by an approved pediatric 
health care facility must develop a billing protocol that 
ensures that no survivor of sexual assault is  sent a bill for 
any medical forensic services and submit the billing protocol 
to the Office of the Attorney General for approval.
      The billing protocol must include at a minimum:
        (1) a description of training for persons who prepare 
    bills for medical and forensic services;
        (2) a written acknowledgement signed by a person who 
    has completed the training that the person will not bill 
    survivors of sexual assault;
        (3) prohibitions on submitting any bill for any 
    portion of medical forensic services provided to a 
    survivor of sexual assault to a collection agency;
        (4) prohibitions on taking any action that would 
    adversely affect the credit of the survivor of sexual 
    assault;
        (5) the termination of all collection activities if 
    the protocol is violated; and
        (6) the actions to be taken if a bill is sent to a 
    collection agency or the failure to pay is reported to any 
    credit reporting agency.
    The Office of the Attorney General may provide a sample 
acceptable billing protocol upon request.
    The Office of the Attorney General shall approve a 
proposed protocol if it finds that the implementation of the 
protocol would result in no survivor of sexual assault being 
billed or sent a bill for medical forensic services.
    If the Office of the Attorney General determines that 
implementation of the protocol could result in the billing of 
a survivor of sexual assault for medical forensic services, 
the Office of the Attorney General shall provide the health 
care professional or approved pediatric health care facility 
with a written statement of the deficiencies in the protocol. 
The health care professional or approved pediatric health care 
facility shall have 30 days to submit a revised billing 
protocol addressing the deficiencies to the Office of the 
Attorney General.  The health care professional or approved 
pediatric health care facility shall implement the protocol 
upon approval by the Office of the Attorney General.
    The health care professional or approved pediatric health 
care facility shall submit any proposed revision to or 
modification of an approved billing protocol to the Office of 
the Attorney General for approval. The health care 
professional or approved pediatric health care facility shall 
implement the revised or modified billing protocol upon 
approval by the Office of the Illinois Attorney General.

    (e) This Section is effective on and after January 1, 
2024. 
(Source: P.A. 101-634, eff. 6-5-20; 101-652, eff. 7-1-21; 
102-22, eff. 6-25-21; 102-674, eff. 11-30-21.)
 
    (410 ILCS 70/7.5-1)
    (Section scheduled to be repealed on December 31, 2023)
    Sec. 7.5-1. Prohibition on billing sexual assault 
survivors directly for certain services; written notice; 
billing protocols.
    (a) A hospital, approved pediatric health care facility, 
approved federally qualified health center, health care 
professional, ambulance provider, laboratory, or pharmacy 
furnishing medical forensic services, transportation, 
follow-up healthcare, or medication to a sexual assault 
survivor shall not: 
        (1) charge  or submit a bill for any portion of the 
    costs of the services, transportation, or medications to 
    the sexual assault survivor, including any insurance 
    deductible, co-pay, co-insurance, denial of claim by an 
    insurer, spenddown, or any other out-of-pocket expense; 
        (2) communicate with, harass, or intimidate the sexual 
    assault survivor for payment of services, including, but 
    not limited to, repeatedly calling or writing to the 
    sexual assault survivor and threatening to refer the 
    matter to a debt collection agency or to an attorney for 
    collection, enforcement, or filing of other process; 
        (3) refer a bill to a collection agency or attorney 
    for collection action against the sexual assault survivor; 
        (4) contact or distribute information to affect the 
    sexual assault survivor's credit rating; or 
        (5) take any other action adverse to the sexual 
    assault survivor or his or her family on account of 
    providing services to the sexual assault survivor. 
    (a-5) Notwithstanding any other provision of law, 
including, but not limited to, subsection (a), a sexual 
assault survivor who is not the subscriber or primary 
policyholder of the sexual assault survivor's insurance policy 
may opt out of billing the sexual assault survivor's private 
insurance
provider.
If the sexual assault survivor opts out of 
billing the sexual assault survivor's private insurance 
provider, then the bill for medical forensic services shall be 
sent to the Department of Healthcare and Family Services' 
Sexual Assault Emergency Treatment Program for reimbursement 
for the services provided to the sexual assault survivor. 
    (b) Nothing in this Section precludes a hospital, health 
care provider, ambulance provider, laboratory, or pharmacy 
from billing the sexual assault survivor or any applicable 
health insurance or coverage for inpatient services. 
    (c) Every hospital, approved pediatric health care 
facility, and approved federally qualified health center 
providing treatment services to sexual assault survivors in 
accordance with a plan approved under Section 2-1 of this Act 
shall provide a written notice to a sexual assault survivor. 
The written notice must include, but is not limited to, the 
following: 
        (1) a statement that the sexual assault survivor 
    should not be directly billed by any ambulance provider 
    providing transportation services, or by any hospital, 
    approved pediatric health care facility, approved 
    federally qualified health center, health care 
    professional,





laboratory, or pharmacy for the services the 
    sexual assault survivor received as an outpatient at the 
    hospital, approved pediatric health care facility, or 
    approved federally qualified health center; 
        (2) a statement that a sexual assault survivor who is 
    admitted to a hospital may be billed for inpatient 
    services provided by a hospital, health care professional, 
    laboratory, or pharmacy; 
        (3) a statement that prior to leaving the hospital, 
    approved pediatric health care facility, or approved 
    federally qualified health center, the hospital, approved 
    pediatric health care facility, or approved federally 
    qualified health center will give the sexual assault 
    survivor a sexual assault services voucher for follow-up 
    healthcare if the sexual assault survivor is eligible to 
    receive a sexual assault services voucher; 
        (4)  the definition of "follow-up healthcare" as set 
    forth in Section 1a-1 of this Act; 
        (5) a phone number the sexual assault survivor may 
    call should the sexual assault survivor receive a bill 
    from the hospital, approved pediatric health care 
    facility, or approved federally qualified health center 
    for medical forensic services; 
        (6) the toll-free phone number of the Office of the 
    Illinois Attorney General, Crime Victim Services Division, 
    which the sexual assault survivor may call should the






    sexual assault survivor receive a bill from an ambulance 
    provider, approved pediatric health care facility, 
    approved federally qualified health center, a health care 
    professional, a laboratory, or a pharmacy. 
    This subsection (c) shall not apply to hospitals that 
provide transfer services as defined under Section 1a-1 of 
this Act. 
    (d) Within 60 days after the effective date of this 
amendatory Act of the 101st General Assembly, every health 
care professional, except for those employed by a hospital or 
hospital affiliate, as defined in the Hospital Licensing Act, 
or those employed by a hospital operated under the University 
of Illinois Hospital Act, who bills separately  for medical or 
forensic services must develop a billing protocol that ensures 
that no survivor of sexual assault will be sent a bill for any 
medical forensic services and submit the billing protocol to 
the Crime Victim Services Division of the Office of the 
Attorney General for approval. Within 60 days after the 
commencement of the provision of medical forensic services, 
every health care professional, except for those employed by a 
hospital or hospital affiliate, as defined in the Hospital 
Licensing Act, or those employed by a hospital operated under 
the University of Illinois Hospital Act, who bills separately  
for medical or forensic services must develop a billing 
protocol that ensures that no survivor of sexual assault is  
sent a bill for any medical forensic services and submit the 
billing protocol to the Crime Victim Services Division of the 
Office of the Attorney General for approval. Health care 
professionals who bill as a legal entity may submit a single 
billing protocol for the billing entity. 
    Within 60 days after the Department's approval of a 
treatment plan, an approved pediatric health care facility and 
any health care professional employed by an approved pediatric 
health care facility must develop a billing protocol that 
ensures that no survivor of sexual assault is  sent a bill for 
any medical forensic services and submit the billing protocol 
to the Crime Victim Services Division of the Office of the 
Attorney General for approval. 
    Within 14 days after the Department's approval of a 
treatment plan, an approved federally qualified health center 
and any health care professional employed by an approved 
federally qualified health center must develop a billing 
protocol that ensures that no survivor of sexual assault is 
sent a bill for any medical forensic services and submit the 
billing protocol to the Crime Victim Services Division of the 
Office of the Attorney General for approval. 
    The billing protocol must include at a minimum: 
        (1) a description of training for persons who prepare 
    bills for medical and forensic services; 
        (2) a written acknowledgement signed by a person who 
    has completed the training that the person will not bill 
    survivors of sexual assault; 
        (3) prohibitions on submitting any bill for any 
    portion of medical forensic services provided to a 
    survivor of sexual assault to a collection agency; 
        (4) prohibitions on taking any action that would 
    adversely affect the credit of the survivor of sexual 
    assault; 
        (5) the termination of all collection activities if 
    the protocol is violated; and 
        (6) the actions to be taken if a bill is sent to a 
    collection agency or the failure to pay is reported to any 
    credit reporting agency. 
    The Crime Victim Services Division of the Office of the 
Attorney General may provide a sample acceptable billing 
protocol upon request. 
    The Office of the Attorney General shall approve a 
proposed protocol if it finds that the implementation of the 
protocol would result in no survivor of sexual assault being 
billed or sent a bill for medical forensic services. 
    If the Office of the Attorney General determines that 
implementation of the protocol could result in the billing of 
a survivor of sexual assault for medical forensic services, 
the Office of the Attorney General shall provide the health 
care professional or approved pediatric health care facility 
with a written statement of the deficiencies in the protocol. 
The health care professional or approved pediatric health care 
facility shall have 30 days to submit a revised billing 
protocol addressing the deficiencies to the Office of the 
Attorney General.  The health care professional or approved 
pediatric health care facility shall implement the protocol 
upon approval by the Crime Victim Services Division of the 
Office of the Attorney General. 
    The health care professional, approved pediatric health 
care facility, or approved federally qualified health center 
shall submit any proposed revision to or modification of an 
approved billing protocol to the Crime Victim Services 
Division of the Office of the Attorney General for approval. 
The health care professional, approved pediatric health care 
facility, or approved federally qualified health center shall 
implement the revised or modified billing protocol upon 
approval by the Crime Victim Services Division of the Office 
of the Illinois Attorney General. 
    (e) This Section is repealed on December 31, 2023. 

(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 
102-674, eff. 11-30-21.)
 
    (410 ILCS 70/9.5)
    (Section scheduled to be repealed on January 1, 2024)
    Sec. 9.5. Sexual Assault Medical Forensic Services 
Implementation Task Force.
    (a) The Sexual Assault Medical Forensic Services 
Implementation Task Force is created to assist hospitals and 
approved pediatric health care facilities with the 
implementation of the changes made by this amendatory Act of 
the l00th General Assembly. The Task Force shall consist of 
the following members, who shall serve without compensation:
        (1) one member of the Senate appointed by the 
    President of the Senate, who may designate an alternate 
    member;
        (2) one member of the Senate appointed by the Minority 
    Leader of the Senate, who may designate an alternate 
    member;
        (3) one member of the House of Representatives 
    appointed by the Speaker of the House of Representatives, 
    who may designate an alternate member;
        (4) one member of the House of Representatives 
    appointed by the Minority Leader of the House of 
    Representatives, who may designate an alternate member;
        (5) two members representing the Office of the 
    Attorney General appointed by the Attorney General, one of 
    whom shall be the Sexual Assault Nurse Examiner 
    Coordinator for the State of
Illinois;
        (6) one member representing the Department of Public 
    Health appointed by the Director of Public Health;
        (7) one member representing the Illinois State Police 
    appointed by the Director of the Illinois State Police;
        (8) one member representing the Department of 
    Healthcare and Family Services appointed by the Director 
    of Healthcare and Family Services;
        (9) six members representing hospitals appointed by 
    the head of a statewide organization representing the 
    interests of hospitals in Illinois, at least one of whom 
    shall represent small and rural hospitals and at least one 
    of these members shall represent urban hospitals;
        (10) one member representing physicians appointed by 
    the head of a statewide organization representing the 
    interests of physicians in Illinois;
        (11) one member representing emergency physicians 
    appointed by the head of a statewide organization 
    representing the interests of emergency physicians in 
    Illinois;
        (12) two members representing child abuse 
    pediatricians appointed by the head of a statewide 
    organization representing the interests of child abuse 
    pediatricians in Illinois, at least one of whom shall 
    represent child abuse pediatricians providing medical 
    forensic services in rural locations and at least one of 
    whom shall represent child abuse pediatricians providing 
    medical forensic services in urban locations;
        (13) one member representing nurses appointed by the 
    head of a statewide organization representing the 
    interests of nurses in Illinois;
        (14) two members representing sexual assault nurse 
    examiners appointed by the head of a statewide 
    organization representing the interests of forensic nurses 
    in Illinois, at least one of whom shall represent 
    pediatric/adolescent sexual assault nurse examiners and at 
    least one of these members shall represent 
    adult/adolescent sexual assault nurse examiners;
        (15) one member representing State's Attorneys 
    appointed by the head of a statewide organization 
    representing the interests of State's Attorneys in 
    Illinois;
        (16) three members representing sexual assault 
    survivors appointed by the head of a statewide 
    organization representing the interests of sexual assault 
    survivors and rape crisis centers, at least one of whom 
    shall represent rural rape crisis centers and at least one 
    of whom shall represent urban rape crisis centers; and
        (17) one member representing children's advocacy 
    centers appointed by the head of a statewide organization 
    representing the interests of children's advocacy centers 
    in Illinois; and .
        (18) one member representing approved federally 
    qualified health centers appointed by the Director of 
    Public Health. 
    The members representing the Office of the Attorney 
General and the Department of Public Health shall serve as 
co-chairpersons of the Task Force. The Office of the Attorney 
General shall provide administrative and other support to the 
Task Force.
    (b) The first meeting of the Task Force shall be called by 
the co-chairpersons no later than 90 days after the effective 
date of this Section.
    (c) The goals of the Task Force shall include, but not be 
limited to, the following:
        (1) to facilitate the development of areawide 
    treatment plans among hospitals and pediatric health care 
    facilities;
        (2) to facilitate the development of on-call systems 
    of qualified medical providers and assist hospitals with 
    the development of plans to employ or contract with a 
    qualified medical provider to initiate medical forensic 
    services to a sexual assault survivor within 90 minutes of 
    the patient presenting to the hospital as required in 
    subsection (a-7) of Section 5;
        (3) to identify photography and storage options for 
    hospitals to comply with the photo documentation 
    requirements in Sections 5 and 5.1;
        (4) to develop a model written agreement for use by 
    rape crisis centers, hospitals, and approved pediatric 
    health care facilities with sexual assault treatment plans 
    to comply with subsection (c) of Section 2;
        (5) to develop and distribute educational information 
    regarding the implementation of this Act to hospitals, 
    health care providers, rape crisis centers, children's 
    advocacy centers, State's Attorney's offices;
        (6) to examine the role of telemedicine in the 
    provision of medical forensic services under this Act and 
    to develop recommendations for statutory change and 
    standards and procedures for the use of telemedicine to be 
    adopted by the Department;
        (7) to seek inclusion of the International Association 
    of Forensic Nurses Sexual Assault Nurse Examiner Education 
    Guidelines for nurses within the registered nurse training 
    curriculum in Illinois nursing programs and the American 
    College of Emergency Physicians Management of the Patient 
    with the Complaint of Sexual Assault for emergency 
    physicians within the Illinois residency training 
    curriculum for emergency physicians; and
        (8) to submit a report to the General Assembly by 
    January 1, 2024 2023 regarding the status of 
    implementation of this amendatory Act of the 100th General 
    Assembly, including, but not limited to, the impact of 
    transfers to out-of-state hospitals on sexual assault 
    survivors and the availability of treatment hospitals in 
    Illinois. The report shall also cover the impact of 
    medical forensic services provided at approved federally 
    qualified health centers on sexual assault survivors. The ; 
    the report to the General Assembly shall be filed with the 
    Clerk of the House of Representatives and the Secretary of 
    the Senate in electronic form only, in the manner that the 
    Clerk and the Secretary shall direct. 
    (d) This Section is repealed on January 1, 2025 2024.

(Source: P.A. 102-538, eff. 8-20-21.)



 
    Section 99. Effective date. This Section and the changes 
to Sections 2-1, 5-1, and 9.5 of the  Sexual Assault Survivors 
Emergency Treatment Act take effect upon becoming law.