Full Text of HB3848 99th General Assembly
HB3848eng 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning public health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Finance Act is amended by adding | 5 | | Section 5.866 as follows: | 6 | | (30 ILCS 105/5.866 new) | 7 | | Sec. 5.866. The Illinois Sexual Assault Emergency | 8 | | Treatment Program Fund. | 9 | | Section 10. The Sexual Assault Survivors Emergency | 10 | | Treatment Act is amended by changing Sections 1a, 5, 7, and 8 | 11 | | and by adding Section 7.5 as follows:
| 12 | | (410 ILCS 70/1a) (from Ch. 111 1/2, par. 87-1a)
| 13 | | Sec. 1a. Definitions. In this Act:
| 14 | | "Ambulance provider" means an individual or entity that | 15 | | owns and operates a business or service using ambulances or | 16 | | emergency medical services vehicles to transport emergency | 17 | | patients.
| 18 | | "Areawide sexual assault treatment plan" means a plan, | 19 | | developed by the hospitals in the community or area to be | 20 | | served, which provides for hospital emergency services to | 21 | | sexual assault survivors that shall be made available by each |
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| 1 | | of the participating hospitals.
| 2 | | "Department" means the Department of Public Health.
| 3 | | "Emergency contraception" means medication as approved by | 4 | | the federal Food and Drug Administration (FDA) that can | 5 | | significantly reduce the risk of pregnancy if taken within 72 | 6 | | hours after sexual assault.
| 7 | | "Follow-up healthcare" means healthcare services related | 8 | | to a sexual assault, including laboratory services and pharmacy | 9 | | services, rendered within 90 days of the initial visit for | 10 | | hospital emergency services.
| 11 | | "Forensic services" means the collection of evidence | 12 | | pursuant to a statewide sexual assault evidence collection | 13 | | program administered by the Department of State Police, using | 14 | | the Illinois State Police Sexual Assault Evidence Collection | 15 | | Kit.
| 16 | | "Health care professional" means a physician, a physician | 17 | | assistant, or an advanced practice nurse.
| 18 | | "Hospital" has the meaning given to that term in the | 19 | | Hospital Licensing Act.
| 20 | | "Hospital emergency services" means healthcare delivered | 21 | | to outpatients within or under the care and supervision of | 22 | | personnel working in a designated emergency department of a | 23 | | hospital, including, but not limited to, care ordered by such | 24 | | personnel for a sexual assault survivor in the emergency | 25 | | department.
| 26 | | "Illinois State Police Sexual Assault Evidence Collection |
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| 1 | | Kit" means a prepackaged set of materials and forms to be used | 2 | | for the collection of evidence relating to sexual assault. The | 3 | | standardized evidence collection kit for the State of Illinois | 4 | | shall be the Illinois State Police Sexual Assault Evidence | 5 | | Collection Kit.
| 6 | | "Nurse" means a nurse licensed under the Nurse
Practice | 7 | | Act.
| 8 | | "Physician" means a person licensed to practice medicine in | 9 | | all its branches.
| 10 | | "Sexual assault" means an act of nonconsensual sexual | 11 | | conduct or sexual penetration, as defined in Section 11-0.1 of | 12 | | the Criminal Code of 2012, including, without limitation, acts | 13 | | prohibited under Sections 11-1.20 through 11-1.60 of the | 14 | | Criminal Code of 2012.
| 15 | | "Sexual assault survivor" means a person who presents for | 16 | | hospital emergency services in relation to injuries or trauma | 17 | | resulting from a sexual assault.
| 18 | | "Sexual assault transfer plan" means a written plan | 19 | | developed by a hospital and approved by the Department, which | 20 | | describes the hospital's procedures for transferring sexual | 21 | | assault survivors to another hospital in order to receive | 22 | | emergency treatment.
| 23 | | "Sexual assault treatment plan" means a written plan | 24 | | developed by a hospital that describes the hospital's | 25 | | procedures and protocols for providing hospital emergency | 26 | | services and forensic services to sexual assault survivors who |
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| 1 | | present themselves for such services, either directly or | 2 | | through transfer from another hospital.
| 3 | | "Transfer services" means the appropriate medical | 4 | | screening examination and necessary stabilizing treatment | 5 | | prior to the transfer of a sexual assault survivor to a | 6 | | hospital that provides hospital emergency services and | 7 | | forensic services to sexual assault survivors pursuant to a | 8 | | sexual assault treatment plan or areawide sexual assault | 9 | | treatment plan.
| 10 | | "Voucher" means a document generated by a hospital at the | 11 | | time the sexual assault survivor receives hospital emergency | 12 | | and forensic services that a sexual assault survivor may | 13 | | present to providers for follow-up healthcare. | 14 | | (Source: P.A. 96-328, eff. 8-11-09; 96-1551, eff. 7-1-11; | 15 | | 97-1150, eff. 1-25-13.)
| 16 | | (410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
| 17 | | Sec. 5. Minimum requirements for hospitals providing | 18 | | hospital emergency services and forensic services
to sexual | 19 | | assault survivors.
| 20 | | (a) Every hospital providing hospital emergency services | 21 | | and forensic services to
sexual assault survivors under this | 22 | | Act
shall, as minimum requirements for such services, provide, | 23 | | with the consent
of the sexual assault survivor, and as ordered | 24 | | by the attending
physician, an advanced practice nurse who has | 25 | | a written collaborative agreement with a collaborating |
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| 1 | | physician that authorizes provision of emergency services, or a | 2 | | physician assistant who has been delegated authority to provide | 3 | | hospital emergency services and forensic services, the | 4 | | following:
| 5 | | (1) appropriate medical examinations and laboratory
| 6 | | tests required to ensure the health, safety, and welfare
of | 7 | | a sexual assault survivor or which may be
used as evidence | 8 | | in a criminal proceeding against a person accused of the
| 9 | | sexual assault, or both; and records of the results of such | 10 | | examinations
and tests shall be maintained by the hospital | 11 | | and made available to law
enforcement officials upon the | 12 | | request of the sexual assault survivor;
| 13 | | (2) appropriate oral and written information | 14 | | concerning the possibility
of infection, sexually | 15 | | transmitted disease and pregnancy
resulting from sexual | 16 | | assault;
| 17 | | (3) appropriate oral and written information | 18 | | concerning accepted medical
procedures, medication, and | 19 | | possible contraindications of such medication
available | 20 | | for the prevention or treatment of infection or disease | 21 | | resulting
from sexual assault;
| 22 | | (4) an amount of medication for treatment at the | 23 | | hospital and after discharge as is deemed appropriate by | 24 | | the attending physician, an advanced practice nurse, or a | 25 | | physician assistant and consistent with the hospital's | 26 | | current approved protocol for sexual assault survivors;
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| 1 | | (5) an evaluation of the sexual assault survivor's risk | 2 | | of contracting human immunodeficiency virus (HIV) from the | 3 | | sexual assault;
| 4 | | (6) written and oral instructions indicating the need | 5 | | for follow-up examinations and laboratory tests after the | 6 | | sexual assault to determine the presence or absence of
| 7 | | sexually transmitted disease;
| 8 | | (7) referral by hospital personnel for appropriate | 9 | | counseling; and
| 10 | | (8) when HIV prophylaxis is deemed appropriate, an | 11 | | initial dose or doses of HIV prophylaxis, along with | 12 | | written and oral instructions indicating the importance of
| 13 | | timely follow-up healthcare.
| 14 | | (b) Any person who is a sexual assault survivor who seeks | 15 | | emergency hospital services and forensic services or follow-up | 16 | | healthcare
under this Act shall be provided such services | 17 | | without the consent
of any parent, guardian, custodian, | 18 | | surrogate, or agent.
| 19 | | (b-5) Every treating hospital providing hospital emergency | 20 | | and forensic services to sexual assault survivors shall issue a | 21 | | voucher to any sexual assault survivor who is eligible to | 22 | | receive one. The hospital shall make a copy of the voucher and | 23 | | place it in the medical record of the sexual assault survivor. | 24 | | The hospital shall provide a copy of the voucher to the sexual | 25 | | assault survivor after discharge upon request. | 26 | | (c) Nothing in this Section creates a physician-patient |
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| 1 | | relationship that extends beyond discharge from the hospital | 2 | | emergency department.
| 3 | | (Source: P.A. 95-432, eff. 1-1-08; 96-318, eff. 1-1-10.)
| 4 | | (410 ILCS 70/7) (from Ch. 111 1/2, par. 87-7)
| 5 | | Sec. 7. Reimbursement. | 6 | | (a) A hospital or health care professional furnishing | 7 | | hospital emergency services or forensic services, an ambulance | 8 | | provider furnishing transportation to a sexual assault | 9 | | survivor, a hospital, health care professional, or laboratory | 10 | | providing follow-up healthcare, or a pharmacy dispensing | 11 | | prescribed medications to any sexual assault survivor shall | 12 | | furnish such services or medications to that person without | 13 | | charge and shall seek payment as follows: | 14 | | (1) If a sexual assault survivor is eligible to receive | 15 | | benefits under the medical assistance program under | 16 | | Article V of the Illinois Public Aid Code, the ambulance | 17 | | provider, hospital, health care professional, laboratory, | 18 | | or pharmacy must submit the bill to the Department of | 19 | | Healthcare and Family Services and accept the amount paid | 20 | | as full payment. | 21 | | (2) If a sexual assault survivor is covered by one or | 22 | | more policies of health insurance or is a beneficiary under | 23 | | a public or private health coverage program, the ambulance | 24 | | provider, hospital, health care professional, laboratory, | 25 | | or pharmacy shall bill the insurance company or program. |
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| 1 | | With respect to such insured patients, applicable | 2 | | deductible, co-pay, co-insurance, denial of claim, or any | 3 | | other out-of-pocket insurance-related expense may be | 4 | | submitted to the Illinois Sexual Assault Emergency | 5 | | Treatment Program of the Department of Healthcare and | 6 | | Family Services in accordance with 89 Ill. Adm. Code | 7 | | 148.510 for payment at the Department of Healthcare and | 8 | | Family Services' allowable rates under the Illinois Public | 9 | | Aid Code. The ambulance provider, hospital, health care | 10 | | professional, laboratory, or pharmacy shall accept the | 11 | | amounts paid by the insurance company or health coverage | 12 | | program and the Illinois Sexual Assault Treatment Program | 13 | | as full payment. | 14 | | (3) If a sexual assault survivor is neither eligible to | 15 | | receive benefits under the medical assistance program | 16 | | under Article V of the Public Aid Code nor covered by a | 17 | | policy of insurance or a public or private health coverage | 18 | | program, the ambulance provider, hospital, health care | 19 | | professional, laboratory, or pharmacy shall submit the | 20 | | request for reimbursement to the Illinois Sexual Assault | 21 | | Emergency Treatment Program under the Department of | 22 | | Healthcare and Family Services in accordance with 89 Ill. | 23 | | Adm. Code 148.510 at the Department of Healthcare and | 24 | | Family Services' allowable rates under the Illinois Public | 25 | | Aid Code. | 26 | | (4) If a sexual assault survivor presents a voucher for |
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| 1 | | follow-up healthcare, the healthcare professional or | 2 | | laboratory that provides follow-up healthcare or the | 3 | | pharmacy that dispenses prescribed medications to a sexual | 4 | | assault survivor shall submit the request for | 5 | | reimbursement for follow-up healthcare, laboratory, or | 6 | | pharmacy services to the Illinois Sexual Assault Emergency | 7 | | Treatment Program under the Department of Healthcare and | 8 | | Family Services in accordance with 89 Ill. Adm. Code | 9 | | 148.510 at the Department of Healthcare and Family | 10 | | Services' allowable rates under the Illinois Public Aid | 11 | | Code. Nothing in this subsection (a) precludes hospitals | 12 | | from providing follow-up healthcare and receiving | 13 | | reimbursement under this Section. | 14 | | When any ambulance provider furnishes transportation, hospital | 15 | | provides hospital emergency services and forensic services, | 16 | | hospital or health care professional or laboratory provides | 17 | | follow-up healthcare, or pharmacy dispenses prescribed | 18 | | medications to any sexual
assault survivor, as defined by the | 19 | | Department of Healthcare and Family Services, who is neither | 20 | | eligible to
receive such services under the Illinois Public Aid | 21 | | Code nor covered as
to such services by a policy of insurance, | 22 | | the ambulance provider, hospital, health care professional, | 23 | | pharmacy, or laboratory
shall furnish such services to that | 24 | | person without charge and shall
be entitled to be reimbursed | 25 | | for
providing such services by the Illinois Sexual Assault | 26 | | Emergency Treatment Program under the
Department of Healthcare |
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| 1 | | and Family Services and at the Department of Healthcare and | 2 | | Family Services' allowable rates under the Illinois Public Aid | 3 | | Code.
| 4 | | (b) Nothing in this Section precludes a hospital, health | 5 | | care provider, ambulance provider, laboratory, or pharmacy | 6 | | from billing the sexual assault survivor or any applicable | 7 | | health insurance or coverage for inpatient services. The | 8 | | hospital is responsible for submitting the request for | 9 | | reimbursement for ambulance services, hospital emergency | 10 | | services, and forensic services to the Illinois Sexual Assault | 11 | | Emergency Treatment Program. Nothing in this Section precludes | 12 | | hospitals from providing follow-up healthcare and receiving | 13 | | reimbursement under this Section. | 14 | | (c) (Blank). The health care professional who provides | 15 | | follow-up healthcare and the pharmacy that dispenses | 16 | | prescribed medications to a sexual assault survivor are | 17 | | responsible for submitting the request for reimbursement for | 18 | | follow-up healthcare or pharmacy services to the Illinois | 19 | | Sexual Assault Emergency Treatment Program. | 20 | | (d) On and after July 1, 2012, the Department shall reduce | 21 | | any rate of reimbursement for services or other payments or | 22 | | alter any methodologies authorized by this Act or the Illinois | 23 | | Public Aid Code to reduce any rate of reimbursement for | 24 | | services or other payments in accordance with Section 5-5e of | 25 | | the Illinois Public Aid Code. | 26 | | (e) The Department of Healthcare and Family Services shall |
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| 1 | | establish standards, rules, and regulations to implement this | 2 | | Section.
| 3 | | (Source: P.A. 97-689, eff. 6-14-12; 98-463, eff. 8-16-13.)
| 4 | | (410 ILCS 70/7.5 new) | 5 | | Sec. 7.5. Prohibition on billing sexual assault survivors | 6 | | directly for certain services; written notice; billing | 7 | | protocols. | 8 | | (a) A hospital, health care professional, ambulance | 9 | | provider, laboratory, or pharmacy furnishing hospital | 10 | | emergency services, forensic services, transportation, | 11 | | follow-up healthcare, or medication to a sexual assault | 12 | | survivor shall not: | 13 | | (1) charge or submit a bill for any portion of the | 14 | | costs of the services, transportation, or medications to | 15 | | the sexual assault survivor, including any insurance | 16 | | deductible, co-pay, co-insurance, denial of claim by an | 17 | | insurer, spenddown, or any other out-of-pocket expense; | 18 | | (2) communicate with, harass, or intimidate the sexual | 19 | | assault survivor for payment of services, including, but | 20 | | not limited to, repeatedly calling or writing to the sexual | 21 | | assault survivor and threatening to refer the matter to a | 22 | | debt collection agency or to an attorney for collection, | 23 | | enforcement, or filing of other process. | 24 | | (3) refer a bill to a collection agency or attorney for | 25 | | collection action against the sexual assault survivor; |
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| 1 | | (4) contact or distribute information to affect the | 2 | | sexual assault survivor's credit rating; or | 3 | | (5) take any other action adverse to the sexual assault | 4 | | survivor or his or her family on account of providing | 5 | | services to the sexual assault survivor. | 6 | | (b) Nothing in this Section precludes a hospital, health | 7 | | care provider, ambulance provider, laboratory, or pharmacy | 8 | | from billing the sexual assault survivor or any applicable | 9 | | health insurance or coverage for inpatient services. | 10 | | (c) Within 60 days after the effective date of this | 11 | | amendatory Act of the 99th General Assembly, every hospital | 12 | | providing treatment services to sexual assault survivors in | 13 | | accordance with a plan approved under Section 2 of this Act | 14 | | shall provide a written notice to a sexual assault survivor. | 15 | | The written notice must include, but is not limited to, the | 16 | | following: | 17 | | (1) a statement that the sexual assault survivor should | 18 | | not be directly billed by any ambulance provider providing | 19 | | transportation services, or by any hospital, health care | 20 | | professional, laboratory, or pharmacy for the services the | 21 | | sexual assault survivor received as an outpatient at the | 22 | | hospital; | 23 | | (2) a statement that a sexual assault survivor who is | 24 | | admitted to a hospital may be billed for inpatient services | 25 | | provided by a hospital, health care professional, | 26 | | laboratory, or pharmacy; |
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| 1 | | (3) a statement that prior to leaving the emergency | 2 | | department of the treating facility, the hospital will give | 3 | | the sexual assault survivor a voucher for follow-up | 4 | | healthcare if the sexual assault survivor is eligible to | 5 | | receive a voucher; | 6 | | (4) the definition of "follow-up healthcare" as set | 7 | | forth in Section 1a of this Act; | 8 | | (5) a phone number the sexual assault survivor may call | 9 | | should the sexual assault survivor receive a bill from the | 10 | | hospital for hospital emergency services and forensic | 11 | | services; | 12 | | (6) the toll-free phone number of the Office of the | 13 | | Illinois Attorney General, Crime Victim Services Division, | 14 | | which the sexual assault survivor may call should the | 15 | | sexual assault survivor receive a bill from an ambulance | 16 | | provider, a health care professional, a laboratory, or a | 17 | | pharmacy. | 18 | | This subsection (c) shall not apply to hospitals that | 19 | | provide transfer services as defined under Section 1a of this | 20 | | Act. | 21 | | (d) Within 60 days after the effective date of this | 22 | | amendatory Act of the 99th General Assembly, every health care | 23 | | professional, except for those employed by a hospital or | 24 | | hospital affiliate, as defined in the Hospital Licensing Act, | 25 | | or those employed by a hospital operated under the University | 26 | | of Illinois Hospital Act who bills separately for hospital |
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| 1 | | emergency services or forensic services must develop a billing | 2 | | protocol that ensures that no survivor of sexual assault will | 3 | | be sent a bill for any hospital emergency services or forensic | 4 | | services and submit the billing protocol to the Crime Victim | 5 | | Services Division of the Office of the Attorney General for | 6 | | approval. Health care professionals who bill as a legal entity | 7 | | may submit a single billing protocol for the billing entity. | 8 | | The billing protocol must include at a minimum: | 9 | | (1) a description of training for persons who prepare | 10 | | bills for hospital emergency services and forensic | 11 | | services; | 12 | | (2) a written acknowledgement signed by a person who | 13 | | has completed the training sign that the person will not | 14 | | bill survivors of sexual assault; | 15 | | (3) prohibitions on submitting any bill for any portion | 16 | | of hospital emergency services or forensic services | 17 | | provided to a survivor of sexual assault to a collection | 18 | | agency; | 19 | | (4) prohibitions on taking any action that would | 20 | | adversely affect the credit of the survivor of sexual | 21 | | assault; | 22 | | (5) the termination of all collection activities if the | 23 | | protocol is violated, and | 24 | | (6) the actions to be taken if a bill is sent to a | 25 | | collection agency or the failure to pay is reported to any | 26 | | credit reporting agency. |
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| 1 | | The Crime Victim Services Division of the Office of the | 2 | | Attorney General may provide a sample acceptable billing | 3 | | protocol upon request. | 4 | | The Office of the Attorney General shall approve a proposed | 5 | | protocol if it finds that the implementation of the protocol | 6 | | would result in no survivor of sexual assault being billed or | 7 | | sent a bill for hospital emergency services or forensic | 8 | | services. | 9 | | If the Office of the Attorney General determines that | 10 | | implementation of the protocol could result in the billing of a | 11 | | survivor of sexual assault for hospital emergency services or | 12 | | forensic services, the Office of the Attorney General shall | 13 | | provide the health care professional with a written statement | 14 | | of the deficiencies in the protocol. The health care | 15 | | professional shall have 30 days to submit a revised billing | 16 | | protocol addressing the deficiencies to the Office of the | 17 | | Attorney General. The health care professional shall implement | 18 | | the protocol upon approval by the Crime Victim Services | 19 | | Division of the Office of the Attorney General. | 20 | | The health care professional shall submit any proposed | 21 | | revision to or modification of an approved billing protocol to | 22 | | the Crime Victim Services Division of the Office of the | 23 | | Attorney General for approval. The health care professional | 24 | | shall implement the revised or modified billing protocol upon | 25 | | approval by the Crime Victim Services Division of the Office of | 26 | | the Illinois Attorney General.
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| 1 | | (410 ILCS 70/8) (from Ch. 111 1/2, par. 87-8)
| 2 | | Sec. 8. Penalties. | 3 | | (a) Any hospital violating any provisions of this Act other | 4 | | than Section 7.5
shall be guilty of a petty offense for each | 5 | | violation, and any fine imposed
shall be paid into the general | 6 | | corporate funds of the city, incorporated
town or village in | 7 | | which the hospital is located, or of the county, in case
such | 8 | | hospital is outside the limits of any incorporated | 9 | | municipality.
| 10 | | (b) The Attorney General may seek the assessment of one or | 11 | | more of the following civil monetary penalties in any action | 12 | | filed in any action filed under this Act where the hospital, | 13 | | health care professional, ambulance provider, laboratory, or | 14 | | pharmacy knowingly violates Section 7.5 of the Act: | 15 | | (1) For willful violations of paragraphs (1), (2), (4), | 16 | | or (5) of subsection (a) of Section 7.5 or subsection (c) | 17 | | of Section 7.5, the civil monetary penalty shall not exceed | 18 | | $500 per violation. | 19 | | (2) For violations of paragraphs (1), (2), (4), or (5) | 20 | | of subsection (a) of Section 7.5 or subsection (c) of | 21 | | Section 7.5 involving a pattern or practice, the civil | 22 | | monetary penalty shall not exceed $500 per violation. | 23 | | (3) For violations of paragraph (3) of subsection (a) | 24 | | of Section 7.5, the civil monetary penalty shall not exceed | 25 | | $500 for each day the bill is with a collection agency. |
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| 1 | | (4) For violations involving the failure to submit | 2 | | billing protocols within the time period required under | 3 | | subsection (d) of Section 7.5, the civil monetary penalty | 4 | | shall not exceed $100 per day until the health care | 5 | | professional complies with subsection (d) of Section 7.5. | 6 | | All civil monetary penalties shall be deposited in the | 7 | | Illinois Sexual Assault Emergency Treatment Program Fund to pay | 8 | | for hospital emergency services, forensic services, follow-up | 9 | | healthcare, and medications for sexual assault survivors. | 10 | | (Source: P.A. 79-564.)
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