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1 | AN ACT concerning public health.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 10. The Sexual Assault Survivors Emergency | ||||||
5 | Treatment Act is amended by changing Sections 1a, 5, 7, and 8 | ||||||
6 | and by adding Section 7.5 as follows:
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7 | (410 ILCS 70/1a) (from Ch. 111 1/2, par. 87-1a)
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8 | Sec. 1a. Definitions. In this Act:
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9 | "Ambulance provider" means an individual or entity that | ||||||
10 | owns and operates a business or service using ambulances or | ||||||
11 | emergency medical services vehicles to transport emergency | ||||||
12 | patients.
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13 | "Areawide sexual assault treatment plan" means a plan, | ||||||
14 | developed by the hospitals in the community or area to be | ||||||
15 | served, which provides for hospital emergency services to | ||||||
16 | sexual assault survivors that shall be made available by each | ||||||
17 | of the participating hospitals.
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18 | "Department" means the Department of Public Health.
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19 | "Emergency contraception" means medication as approved by | ||||||
20 | the federal Food and Drug Administration (FDA) that can | ||||||
21 | significantly reduce the risk of pregnancy if taken within 72 | ||||||
22 | hours after sexual assault.
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23 | "Follow-up healthcare" means healthcare services related |
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1 | to a sexual assault, including laboratory services and pharmacy | ||||||
2 | services, rendered within 90 days of the initial visit for | ||||||
3 | hospital emergency services.
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4 | "Forensic services" means the collection of evidence | ||||||
5 | pursuant to a statewide sexual assault evidence collection | ||||||
6 | program administered by the Department of State Police, using | ||||||
7 | the Illinois State Police Sexual Assault Evidence Collection | ||||||
8 | Kit.
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9 | "Health care professional" means a physician, a physician | ||||||
10 | assistant, or an advanced practice nurse.
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11 | "Hospital" has the meaning given to that term in the | ||||||
12 | Hospital Licensing Act.
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13 | "Hospital emergency services" means healthcare delivered | ||||||
14 | to outpatients within or under the care and supervision of | ||||||
15 | personnel working in a designated emergency department of a | ||||||
16 | hospital, including, but not limited to, care ordered by such | ||||||
17 | personnel for a sexual assault survivor in the emergency | ||||||
18 | department.
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19 | "Illinois State Police Sexual Assault Evidence Collection | ||||||
20 | Kit" means a prepackaged set of materials and forms to be used | ||||||
21 | for the collection of evidence relating to sexual assault. The | ||||||
22 | standardized evidence collection kit for the State of Illinois | ||||||
23 | shall be the Illinois State Police Sexual Assault Evidence | ||||||
24 | Collection Kit.
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25 | "Nurse" means a nurse licensed under the Nurse
Practice | ||||||
26 | Act.
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1 | "Physician" means a person licensed to practice medicine in | ||||||
2 | all its branches.
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3 | "Sexual assault" means an act of nonconsensual sexual | ||||||
4 | conduct or sexual penetration, as defined in Section 11-0.1 of | ||||||
5 | the Criminal Code of 2012, including, without limitation, acts | ||||||
6 | prohibited under Sections 11-1.20 through 11-1.60 of the | ||||||
7 | Criminal Code of 2012.
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8 | "Sexual assault survivor" means a person who presents for | ||||||
9 | hospital emergency services in relation to injuries or trauma | ||||||
10 | resulting from a sexual assault.
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11 | "Sexual assault transfer plan" means a written plan | ||||||
12 | developed by a hospital and approved by the Department, which | ||||||
13 | describes the hospital's procedures for transferring sexual | ||||||
14 | assault survivors to another hospital in order to receive | ||||||
15 | emergency treatment.
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16 | "Sexual assault treatment plan" means a written plan | ||||||
17 | developed by a hospital that describes the hospital's | ||||||
18 | procedures and protocols for providing hospital emergency | ||||||
19 | services and forensic services to sexual assault survivors who | ||||||
20 | present themselves for such services, either directly or | ||||||
21 | through transfer from another hospital.
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22 | "Transfer services" means the appropriate medical | ||||||
23 | screening examination and necessary stabilizing treatment | ||||||
24 | prior to the transfer of a sexual assault survivor to a | ||||||
25 | hospital that provides hospital emergency services and | ||||||
26 | forensic services to sexual assault survivors pursuant to a |
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1 | sexual assault treatment plan or areawide sexual assault | ||||||
2 | treatment plan.
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3 | "Voucher" means a document generated by a hospital at the | ||||||
4 | time the sexual assault survivor receives hospital emergency | ||||||
5 | and forensic services that a sexual assault survivor may | ||||||
6 | present to providers for follow-up healthcare. | ||||||
7 | (Source: P.A. 96-328, eff. 8-11-09; 96-1551, eff. 7-1-11; | ||||||
8 | 97-1150, eff. 1-25-13.)
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9 | (410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
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10 | Sec. 5. Minimum requirements for hospitals providing | ||||||
11 | hospital emergency services and forensic services
to sexual | ||||||
12 | assault survivors.
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13 | (a) Every hospital providing hospital emergency services | ||||||
14 | and forensic services to
sexual assault survivors under this | ||||||
15 | Act
shall, as minimum requirements for such services, provide, | ||||||
16 | with the consent
of the sexual assault survivor, and as ordered | ||||||
17 | by the attending
physician, an advanced practice nurse who has | ||||||
18 | a written collaborative agreement with a collaborating | ||||||
19 | physician that authorizes provision of emergency services, or a | ||||||
20 | physician assistant who has been delegated authority to provide | ||||||
21 | hospital emergency services and forensic services, the | ||||||
22 | following:
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23 | (1) appropriate medical examinations and laboratory
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24 | tests required to ensure the health, safety, and welfare
of | ||||||
25 | a sexual assault survivor or which may be
used as evidence |
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1 | in a criminal proceeding against a person accused of the
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2 | sexual assault, or both; and records of the results of such | ||||||
3 | examinations
and tests shall be maintained by the hospital | ||||||
4 | and made available to law
enforcement officials upon the | ||||||
5 | request of the sexual assault survivor;
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6 | (2) appropriate oral and written information | ||||||
7 | concerning the possibility
of infection, sexually | ||||||
8 | transmitted disease and pregnancy
resulting from sexual | ||||||
9 | assault;
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10 | (3) appropriate oral and written information | ||||||
11 | concerning accepted medical
procedures, medication, and | ||||||
12 | possible contraindications of such medication
available | ||||||
13 | for the prevention or treatment of infection or disease | ||||||
14 | resulting
from sexual assault;
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15 | (4) an amount of medication for treatment at the | ||||||
16 | hospital and after discharge as is deemed appropriate by | ||||||
17 | the attending physician, an advanced practice nurse, or a | ||||||
18 | physician assistant and consistent with the hospital's | ||||||
19 | current approved protocol for sexual assault survivors;
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20 | (5) an evaluation of the sexual assault survivor's risk | ||||||
21 | of contracting human immunodeficiency virus (HIV) from the | ||||||
22 | sexual assault;
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23 | (6) written and oral instructions indicating the need | ||||||
24 | for follow-up examinations and laboratory tests after the | ||||||
25 | sexual assault to determine the presence or absence of
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26 | sexually transmitted disease;
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1 | (7) referral by hospital personnel for appropriate | ||||||
2 | counseling; and
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3 | (8) when HIV prophylaxis is deemed appropriate, an | ||||||
4 | initial dose or doses of HIV prophylaxis, along with | ||||||
5 | written and oral instructions indicating the importance of
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6 | timely follow-up healthcare.
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7 | (b) Any person who is a sexual assault survivor who seeks | ||||||
8 | emergency hospital services and forensic services or follow-up | ||||||
9 | healthcare
under this Act shall be provided such services | ||||||
10 | without the consent
of any parent, guardian, custodian, | ||||||
11 | surrogate, or agent.
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12 | (b-5) Every treating hospital providing hospital emergency | ||||||
13 | and forensic services to sexual assault survivors shall issue a | ||||||
14 | voucher to any sexual assault survivor who is eligible to | ||||||
15 | receive one. The hospital shall make a copy of the voucher and | ||||||
16 | place it in the medical record of the sexual assault survivor. | ||||||
17 | The hospital shall provide a copy of the voucher to the sexual | ||||||
18 | assault survivor after discharge upon request. | ||||||
19 | (c) Nothing in this Section creates a physician-patient | ||||||
20 | relationship that extends beyond discharge from the hospital | ||||||
21 | emergency department.
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22 | (Source: P.A. 95-432, eff. 1-1-08; 96-318, eff. 1-1-10.)
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23 | (410 ILCS 70/7) (from Ch. 111 1/2, par. 87-7)
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24 | Sec. 7. Reimbursement. | ||||||
25 | (a) A hospital or health care professional furnishing |
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1 | hospital emergency services or forensic services, an ambulance | ||||||
2 | provider furnishing transportation to a sexual assault | ||||||
3 | survivor, a hospital, health care professional, or laboratory | ||||||
4 | providing follow-up healthcare, or a pharmacy dispensing | ||||||
5 | prescribed medications to any sexual assault survivor shall | ||||||
6 | furnish such services or medications to that person without | ||||||
7 | charge and shall seek payment as follows: | ||||||
8 | (1) If a sexual assault survivor is eligible to receive | ||||||
9 | benefits under the medical assistance program under | ||||||
10 | Article V of the Illinois Public Aid Code, the ambulance | ||||||
11 | provider, hospital, health care professional, laboratory, | ||||||
12 | or pharmacy must submit the bill to the Department of | ||||||
13 | Healthcare and Family Services or the appropriate Medicaid | ||||||
14 | managed care organization and accept the amount paid as | ||||||
15 | full payment. | ||||||
16 | (2) If a sexual assault survivor is covered by one or | ||||||
17 | more policies of health insurance or is a beneficiary under | ||||||
18 | a public or private health coverage program, the ambulance | ||||||
19 | provider, hospital, health care professional, laboratory, | ||||||
20 | or pharmacy shall bill the insurance company or program. | ||||||
21 | With respect to such insured patients, applicable | ||||||
22 | deductible, co-pay, co-insurance, denial of claim, or any | ||||||
23 | other out-of-pocket insurance-related expense may be | ||||||
24 | submitted to the Illinois Sexual Assault Emergency | ||||||
25 | Treatment Program of the Department of Healthcare and | ||||||
26 | Family Services in accordance with 89 Ill. Adm. Code |
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1 | 148.510 for payment at the Department of Healthcare and | ||||||
2 | Family Services' allowable rates under the Illinois Public | ||||||
3 | Aid Code. The ambulance provider, hospital, health care | ||||||
4 | professional, laboratory, or pharmacy shall accept the | ||||||
5 | amounts paid by the insurance company or health coverage | ||||||
6 | program and the Illinois Sexual Assault Treatment Program | ||||||
7 | as full payment. | ||||||
8 | (3) If a sexual assault survivor is neither eligible to | ||||||
9 | receive benefits under the medical assistance program | ||||||
10 | under Article V of the Public Aid Code nor covered by a | ||||||
11 | policy of insurance or a public or private health coverage | ||||||
12 | program, the ambulance provider, hospital, health care | ||||||
13 | professional, laboratory, or pharmacy shall submit the | ||||||
14 | request for reimbursement to the Illinois Sexual Assault | ||||||
15 | Emergency Treatment Program under the Department of | ||||||
16 | Healthcare and Family Services in accordance with 89 Ill. | ||||||
17 | Adm. Code 148.510 at the Department of Healthcare and | ||||||
18 | Family Services' allowable rates under the Illinois Public | ||||||
19 | Aid Code. | ||||||
20 | (4) If a sexual assault survivor presents a voucher for | ||||||
21 | follow-up healthcare, the healthcare professional or | ||||||
22 | laboratory that provides follow-up healthcare or the | ||||||
23 | pharmacy that dispenses prescribed medications to a sexual | ||||||
24 | assault survivor shall submit the request for | ||||||
25 | reimbursement for follow-up healthcare, laboratory, or | ||||||
26 | pharmacy services to the Illinois Sexual Assault Emergency |
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1 | Treatment Program under the Department of Healthcare and | ||||||
2 | Family Services in accordance with 89 Ill. Adm. Code | ||||||
3 | 148.510 at the Department of Healthcare and Family | ||||||
4 | Services' allowable rates under the Illinois Public Aid | ||||||
5 | Code. Nothing in this subsection (a) precludes hospitals | ||||||
6 | from providing follow-up healthcare and receiving | ||||||
7 | reimbursement under this Section. | ||||||
8 | When any ambulance provider furnishes transportation, hospital | ||||||
9 | provides hospital emergency services and forensic services, | ||||||
10 | hospital or health care professional or laboratory provides | ||||||
11 | follow-up healthcare, or pharmacy dispenses prescribed | ||||||
12 | medications to any sexual
assault survivor, as defined by the | ||||||
13 | Department of Healthcare and Family Services, who is neither | ||||||
14 | eligible to
receive such services under the Illinois Public Aid | ||||||
15 | Code nor covered as
to such services by a policy of insurance, | ||||||
16 | the ambulance provider, hospital, health care professional, | ||||||
17 | pharmacy, or laboratory
shall furnish such services to that | ||||||
18 | person without charge and shall
be entitled to be reimbursed | ||||||
19 | for
providing such services by the Illinois Sexual Assault | ||||||
20 | Emergency Treatment Program under the
Department of Healthcare | ||||||
21 | and Family Services and at the Department of Healthcare and | ||||||
22 | Family Services' allowable rates under the Illinois Public Aid | ||||||
23 | Code.
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24 | (b) Nothing in this Section precludes a hospital, health | ||||||
25 | care provider, ambulance provider, laboratory, or pharmacy | ||||||
26 | from billing the sexual assault survivor or any applicable |
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1 | health insurance or coverage for inpatient services. The | ||||||
2 | hospital is responsible for submitting the request for | ||||||
3 | reimbursement for ambulance services, hospital emergency | ||||||
4 | services, and forensic services to the Illinois Sexual Assault | ||||||
5 | Emergency Treatment Program. Nothing in this Section precludes | ||||||
6 | hospitals from providing follow-up healthcare and receiving | ||||||
7 | reimbursement under this Section. | ||||||
8 | (c) (Blank). The health care professional who provides | ||||||
9 | follow-up healthcare and the pharmacy that dispenses | ||||||
10 | prescribed medications to a sexual assault survivor are | ||||||
11 | responsible for submitting the request for reimbursement for | ||||||
12 | follow-up healthcare or pharmacy services to the Illinois | ||||||
13 | Sexual Assault Emergency Treatment Program. | ||||||
14 | (d) On and after July 1, 2012, the Department shall reduce | ||||||
15 | any rate of reimbursement for services or other payments or | ||||||
16 | alter any methodologies authorized by this Act or the Illinois | ||||||
17 | Public Aid Code to reduce any rate of reimbursement for | ||||||
18 | services or other payments in accordance with Section 5-5e of | ||||||
19 | the Illinois Public Aid Code. | ||||||
20 | (e) The Department of Healthcare and Family Services shall | ||||||
21 | establish standards, rules, and regulations to implement this | ||||||
22 | Section.
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23 | (Source: P.A. 97-689, eff. 6-14-12; 98-463, eff. 8-16-13.)
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24 | (410 ILCS 70/7.5 new) | ||||||
25 | Sec. 7.5. Prohibition on billing sexual assault survivors |
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1 | directly for certain services; written notice; billing | ||||||
2 | protocols. | ||||||
3 | (a) A hospital, health care professional, ambulance | ||||||
4 | provider, laboratory, or pharmacy furnishing hospital | ||||||
5 | emergency services, forensic services, transportation, | ||||||
6 | follow-up healthcare, or medication to a sexual assault | ||||||
7 | survivor shall not: | ||||||
8 | (1) charge or submit a bill for any portion of the | ||||||
9 | costs of the services, transportation, or medications to | ||||||
10 | the sexual assault survivor, including any insurance | ||||||
11 | deductible, co-pay, co-insurance, denial of claim by an | ||||||
12 | insurer, spenddown, or any other out-of-pocket expense; | ||||||
13 | (2) communicate with, harass, or intimidate the sexual | ||||||
14 | assault survivor for payment of services, including, but | ||||||
15 | not limited to, repeatedly calling or writing to the sexual | ||||||
16 | assault survivor and threatening to refer the matter to a | ||||||
17 | debt collection agency or to an attorney for collection, | ||||||
18 | enforcement, or filing of other process; | ||||||
19 | (3) refer a bill to a collection agency or attorney for | ||||||
20 | collection action against the sexual assault survivor; | ||||||
21 | (4) contact or distribute information to affect the | ||||||
22 | sexual assault survivor's credit rating; or | ||||||
23 | (5) take any other action adverse to the sexual assault | ||||||
24 | survivor or his or her family on account of providing | ||||||
25 | services to the sexual assault survivor. | ||||||
26 | (b) Nothing in this Section precludes a hospital, health |
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1 | care provider, ambulance provider, laboratory, or pharmacy | ||||||
2 | from billing the sexual assault survivor or any applicable | ||||||
3 | health insurance or coverage for inpatient services. | ||||||
4 | (c) Within 60 days after the effective date of this | ||||||
5 | amendatory Act of the 99th General Assembly, every hospital | ||||||
6 | providing treatment services to sexual assault survivors in | ||||||
7 | accordance with a plan approved under Section 2 of this Act | ||||||
8 | shall provide a written notice to a sexual assault survivor. | ||||||
9 | The written notice must include, but is not limited to, the | ||||||
10 | following: | ||||||
11 | (1) a statement that the sexual assault survivor should | ||||||
12 | not be directly billed by any ambulance provider providing | ||||||
13 | transportation services, or by any hospital, health care | ||||||
14 | professional, laboratory, or pharmacy for the services the | ||||||
15 | sexual assault survivor received as an outpatient at the | ||||||
16 | hospital; | ||||||
17 | (2) a statement that a sexual assault survivor who is | ||||||
18 | admitted to a hospital may be billed for inpatient services | ||||||
19 | provided by a hospital, health care professional, | ||||||
20 | laboratory, or pharmacy; | ||||||
21 | (3) a statement that prior to leaving the emergency | ||||||
22 | department of the treating facility, the hospital will give | ||||||
23 | the sexual assault survivor a voucher for follow-up | ||||||
24 | healthcare if the sexual assault survivor is eligible to | ||||||
25 | receive a voucher; | ||||||
26 | (4) the definition of "follow-up healthcare" as set |
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1 | forth in Section 1a of this Act; | ||||||
2 | (5) a phone number the sexual assault survivor may call | ||||||
3 | should the sexual assault survivor receive a bill from the | ||||||
4 | hospital for hospital emergency services and forensic | ||||||
5 | services; | ||||||
6 | (6) the toll-free phone number of the Office of the | ||||||
7 | Illinois Attorney General, Crime Victim Services Division, | ||||||
8 | which the sexual assault survivor may call should the | ||||||
9 | sexual assault survivor receive a bill from an ambulance | ||||||
10 | provider, a health care professional, a laboratory, or a | ||||||
11 | pharmacy. | ||||||
12 | This subsection (c) shall not apply to hospitals that | ||||||
13 | provide transfer services as defined under Section 1a of this | ||||||
14 | Act. | ||||||
15 | (d) Within 60 days after the effective date of this | ||||||
16 | amendatory Act of the 99th General Assembly, every health care | ||||||
17 | professional, except for those employed by a hospital or | ||||||
18 | hospital affiliate, as defined in the Hospital Licensing Act, | ||||||
19 | or those employed by a hospital operated under the University | ||||||
20 | of Illinois Hospital Act, who bills separately for hospital | ||||||
21 | emergency services or forensic services must develop a billing | ||||||
22 | protocol that ensures that no survivor of sexual assault will | ||||||
23 | be sent a bill for any hospital emergency services or forensic | ||||||
24 | services and submit the billing protocol to the Crime Victim | ||||||
25 | Services Division of the Office of the Attorney General for | ||||||
26 | approval. Health care professionals who bill as a legal entity |
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1 | may submit a single billing protocol for the billing entity. | ||||||
2 | The billing protocol must include at a minimum: | ||||||
3 | (1) a description of training for persons who prepare | ||||||
4 | bills for hospital emergency services and forensic | ||||||
5 | services; | ||||||
6 | (2) a written acknowledgement signed by a person who | ||||||
7 | has completed the training that the person will not bill | ||||||
8 | survivors of sexual assault; | ||||||
9 | (3) prohibitions on submitting any bill for any portion | ||||||
10 | of hospital emergency services or forensic services | ||||||
11 | provided to a survivor of sexual assault to a collection | ||||||
12 | agency; | ||||||
13 | (4) prohibitions on taking any action that would | ||||||
14 | adversely affect the credit of the survivor of sexual | ||||||
15 | assault; | ||||||
16 | (5) the termination of all collection activities if the | ||||||
17 | protocol is violated; and | ||||||
18 | (6) the actions to be taken if a bill is sent to a | ||||||
19 | collection agency or the failure to pay is reported to any | ||||||
20 | credit reporting agency. | ||||||
21 | The Crime Victim Services Division of the Office of the | ||||||
22 | Attorney General may provide a sample acceptable billing | ||||||
23 | protocol upon request. | ||||||
24 | The Office of the Attorney General shall approve a proposed | ||||||
25 | protocol if it finds that the implementation of the protocol | ||||||
26 | would result in no survivor of sexual assault being billed or |
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1 | sent a bill for hospital emergency services or forensic | ||||||
2 | services. | ||||||
3 | If the Office of the Attorney General determines that | ||||||
4 | implementation of the protocol could result in the billing of a | ||||||
5 | survivor of sexual assault for hospital emergency services or | ||||||
6 | forensic services, the Office of the Attorney General shall | ||||||
7 | provide the health care professional with a written statement | ||||||
8 | of the deficiencies in the protocol. The health care | ||||||
9 | professional shall have 30 days to submit a revised billing | ||||||
10 | protocol addressing the deficiencies to the Office of the | ||||||
11 | Attorney General. The health care professional shall implement | ||||||
12 | the protocol upon approval by the Crime Victim Services | ||||||
13 | Division of the Office of the Attorney General. | ||||||
14 | The health care professional shall submit any proposed | ||||||
15 | revision to or modification of an approved billing protocol to | ||||||
16 | the Crime Victim Services Division of the Office of the | ||||||
17 | Attorney General for approval. The health care professional | ||||||
18 | shall implement the revised or modified billing protocol upon | ||||||
19 | approval by the Crime Victim Services Division of the Office of | ||||||
20 | the Illinois Attorney General.
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21 | (410 ILCS 70/8) (from Ch. 111 1/2, par. 87-8)
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22 | Sec. 8. Penalties. | ||||||
23 | (a) Any hospital violating any provisions of this Act other | ||||||
24 | than Section 7.5
shall be guilty of a petty offense for each | ||||||
25 | violation, and any fine imposed
shall be paid into the general |
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1 | corporate funds of the city, incorporated
town or village in | ||||||
2 | which the hospital is located, or of the county, in case
such | ||||||
3 | hospital is outside the limits of any incorporated | ||||||
4 | municipality.
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5 | (b) The Attorney General may seek the assessment of one or | ||||||
6 | more of the following civil monetary penalties in any action | ||||||
7 | filed under this Act where the hospital, health care | ||||||
8 | professional, ambulance provider, laboratory, or pharmacy | ||||||
9 | knowingly violates Section 7.5 of the Act: | ||||||
10 | (1) For willful violations of paragraphs (1), (2), (4), | ||||||
11 | or (5) of subsection (a) of Section 7.5 or subsection (c) | ||||||
12 | of Section 7.5, the civil monetary penalty shall not exceed | ||||||
13 | $500 per violation. | ||||||
14 | (2) For violations of paragraphs (1), (2), (4), or (5) | ||||||
15 | of subsection (a) of Section 7.5 or subsection (c) of | ||||||
16 | Section 7.5 involving a pattern or practice, the civil | ||||||
17 | monetary penalty shall not exceed $500 per violation. | ||||||
18 | (3) For violations of paragraph (3) of subsection (a) | ||||||
19 | of Section 7.5, the civil monetary penalty shall not exceed | ||||||
20 | $500 for each day the bill is with a collection agency. | ||||||
21 | (4) For violations involving the failure to submit | ||||||
22 | billing protocols within the time period required under | ||||||
23 | subsection (d) of Section 7.5, the civil monetary penalty | ||||||
24 | shall not exceed $100 per day until the health care | ||||||
25 | professional complies with subsection (d) of Section 7.5. | ||||||
26 | All civil monetary penalties shall be deposited into the |
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1 | Violent Crime Victims Assistance Fund. | ||||||
2 | (Source: P.A. 79-564.)
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