Full Text of HB3852 100th General Assembly
HB3852ham002 100TH GENERAL ASSEMBLY | Rep. Michael D. Unes Filed: 4/25/2017
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| 1 | | AMENDMENT TO HOUSE BILL 3852
| 2 | | AMENDMENT NO. ______. Amend House Bill 3852, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Sexual Assault Survivors Emergency | 6 | | Treatment Act is amended by changing Sections 1a, 2, 2.1, 2.2, | 7 | | 3, 5, 5.5, 6.1, 6.2, 6.4, 6.5, 6.6, 7, 7.5, 8, and 9 as follows:
| 8 | | (410 ILCS 70/1a) (from Ch. 111 1/2, par. 87-1a)
| 9 | | Sec. 1a. Definitions. In this Act:
| 10 | | "Ambulance provider" means an individual or entity that | 11 | | owns and operates a business or service using ambulances or | 12 | | emergency medical services vehicles to transport emergency | 13 | | patients.
| 14 | | "Areawide sexual assault treatment plan" means a plan, | 15 | | developed by the eligible health care facilities hospitals in | 16 | | the community or area to be served, which provides for hospital |
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| 1 | | emergency services to sexual assault survivors that shall be | 2 | | made available by each of the participating eligible health | 3 | | care facilities hospitals .
| 4 | | "Children's Advocacy Center" has the meaning given to that | 5 | | term under the Children's Advocacy Center Act. | 6 | | "Department" means the Department of Public Health.
| 7 | | "Eligible health care facility" means a hospital,
| 8 | | emergency department, or outpatient clinic performing child | 9 | | sexual abuse examinations in collaboration with a Children's | 10 | | Advocacy Center with medical providers that meet at least one | 11 | | of the following training requirements: (1) a physician with | 12 | | Child Abuse Pediatrics Sub-board certification or eligibility | 13 | | or child abuse fellowship training; (2) a physician, advanced | 14 | | practice nurse, or physician assistant with 16 hours of formal | 15 | | didactic training in the medical evaluation of child sexual | 16 | | abuse; or (3) a nurse with a registered nursing degree or | 17 | | bachelor of science in nursing degree and 40 hours of didactic | 18 | | training in the medical evaluation of child sexual abuse, as | 19 | | well as competency-based clinical preceptorship. | 20 | | "Emergency contraception" means medication as approved by | 21 | | the federal Food and Drug Administration (FDA) that can | 22 | | significantly reduce the risk of pregnancy if taken within 72 | 23 | | hours after sexual assault.
| 24 | | "Emergency services" means health care delivered to | 25 | | outpatients within or under the care and supervision of | 26 | | personnel working in a designated emergency department of a |
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| 1 | | hospital or outpatient clinic of an eligible health facility, | 2 | | including, but not limited to, care ordered by such personnel | 3 | | for a sexual assault survivor. | 4 | | "Follow-up healthcare" means healthcare services related | 5 | | to a sexual assault, including laboratory services and pharmacy | 6 | | services, rendered within 90 days of the initial visit for | 7 | | hospital emergency services.
| 8 | | "Forensic services" means the collection of evidence | 9 | | pursuant to a statewide sexual assault evidence collection | 10 | | program administered by the Department of State Police, using | 11 | | the Illinois State Police Sexual Assault Evidence Collection | 12 | | Kit.
| 13 | | "Health care professional" means a physician, a physician | 14 | | assistant, or an advanced practice nurse.
| 15 | | "Hospital" has the meaning given to that term in the | 16 | | Hospital Licensing Act.
| 17 | | "Hospital emergency services" means healthcare delivered | 18 | | to outpatients within or under the care and supervision of | 19 | | personnel working in a designated emergency department of a | 20 | | hospital, including, but not limited to, care ordered by such | 21 | | personnel for a sexual assault survivor in the emergency | 22 | | department.
| 23 | | "Illinois State Police Sexual Assault Evidence Collection | 24 | | Kit" means a prepackaged set of materials and forms to be used | 25 | | for the collection of evidence relating to sexual assault. The | 26 | | standardized evidence collection kit for the State of Illinois |
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| 1 | | shall be the Illinois State Police Sexual Assault Evidence | 2 | | Collection Kit.
| 3 | | "Law enforcement agency having jurisdiction" means the law | 4 | | enforcement agency in the jurisdiction where an alleged sexual | 5 | | assault or sexual abuse occurred. | 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 nurse examiner" means a registered nurse | 16 | | who has completed a sexual assault nurse examiner (SANE) | 17 | | training program that meets the Forensic Sexual Assault Nurse | 18 | | Examiner Education Guidelines established by the International | 19 | | Association of Forensic Nurses. | 20 | | "Sexual assault survivor" means a person who presents for | 21 | | hospital emergency services to an eligible health care facility | 22 | | in relation to injuries or trauma resulting from a sexual | 23 | | assault.
| 24 | | "Sexual assault transfer plan" means a written plan | 25 | | developed by an eligible health care facility a hospital and | 26 | | approved by the Department, which describes the eligible health |
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| 1 | | care facility's hospital's procedures for transferring sexual | 2 | | assault survivors to another eligible health care facility | 3 | | hospital in order to receive emergency treatment.
| 4 | | "Sexual assault treatment plan" means a written plan | 5 | | developed by an eligible health care facility a hospital that | 6 | | describes the eligible health care facility's hospital's | 7 | | procedures and protocols for providing hospital emergency | 8 | | services and forensic services to sexual assault survivors who | 9 | | present themselves for such services, either directly or | 10 | | through transfer from another eligible health care facility | 11 | | hospital .
| 12 | | "Transfer services" means the appropriate medical | 13 | | screening examination and necessary stabilizing treatment | 14 | | prior to the transfer of a sexual assault survivor to an | 15 | | eligible health care facility a hospital that provides hospital | 16 | | emergency services and forensic services to sexual assault | 17 | | survivors pursuant to a sexual assault treatment plan or | 18 | | areawide sexual assault treatment plan.
| 19 | | "Voucher" means a document generated by an eligible health | 20 | | care facility a hospital at the time the sexual assault | 21 | | survivor receives hospital emergency and forensic services | 22 | | that a sexual assault survivor may present to providers for | 23 | | follow-up healthcare. | 24 | | (Source: P.A. 99-454, eff. 1-1-16; 99-801, eff. 1-1-17 .)
| 25 | | (410 ILCS 70/2) (from Ch. 111 1/2, par. 87-2)
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| 1 | | Sec. 2. Eligible health care facility Hospital | 2 | | requirements.
Every eligible health care facility hospital
| 3 | | required to be licensed by the Department pursuant to
the | 4 | | Hospital Licensing Act, approved July 1, 1953, as now or | 5 | | hereafter
amended, or licensed by the Department under any | 6 | | other applicable law, or that is regulated by a State or | 7 | | federal agency governing outpatient facilities, which provides | 8 | | general medical and surgical hospital services
shall provide | 9 | | either (i) transfer services or (ii) hospital emergency | 10 | | services and forensic services, in accordance with rules and
| 11 | | regulations adopted by the Department,
to all
sexual assault | 12 | | survivors who apply for either (i) transfer services or (ii) | 13 | | hospital emergency services and forensic services in
relation | 14 | | to injuries or trauma resulting from the sexual assault.
| 15 | | In addition, every such eligible health care facility | 16 | | hospital , regardless of whether or not a request
is made for | 17 | | reimbursement, shall submit
to the Department a plan to provide | 18 | | either (i) transfer services or (ii) hospital emergency | 19 | | services and forensic services to sexual assault survivors.
| 20 | | Such plan shall be submitted within 60 days after receipt of | 21 | | the
Department's request for this plan, to the Department for | 22 | | approval prior to such plan becoming effective. The
Department | 23 | | shall approve such plan for
either (i) transfer services or | 24 | | (ii) hospital emergency services and forensic services
to | 25 | | sexual assault survivors if it finds that the implementation of
| 26 | | the proposed plan would provide adequate (i) transfer services |
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| 1 | | or (ii) hospital emergency services and forensic services for
| 2 | | sexual assault survivors and provide sufficient protections | 3 | | from the
risk of pregnancy to
sexual assault survivors.
| 4 | | The Department shall periodically
conduct on site
reviews
| 5 | | of such approved
plans with eligible health care facility | 6 | | hospital personnel to insure that the established procedures
| 7 | | are being followed. | 8 | | On January 1, 2007, and each January 1 thereafter, the | 9 | | Department shall submit a report to the General Assembly | 10 | | containing information on the eligible health care facilities | 11 | | hospitals in this State that have submitted a plan to provide | 12 | | either (i) transfer services or (ii) hospital emergency | 13 | | services and forensic services to sexual assault survivors. The | 14 | | Department shall post on its Internet website the report | 15 | | required in this Section. The report shall include all of the | 16 | | following: | 17 | | (1) A list of all eligible health care facilities | 18 | | hospitals that have submitted a plan. | 19 | | (2) A list of eligible health care facilities hospitals | 20 | | whose plans have been found by the Department to be in | 21 | | compliance with this Act. | 22 | | (3) A list of eligible health care facilities hospitals | 23 | | that have failed to submit an acceptable Plan of Correction | 24 | | within the time required by Section 2.1 of this Act. | 25 | | (4) A list of eligible health care facilities hospitals | 26 | | at which the periodic site review required by this Act has |
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| 1 | | been conducted.
| 2 | | When an eligible health care facility a hospital listed as | 3 | | noncompliant under item (3) of this Section submits and | 4 | | implements the required Plan of Correction, the Department | 5 | | shall immediately update the report on its Internet website to | 6 | | reflect that eligible health care facility's hospital's | 7 | | compliance.
| 8 | | (Source: P.A. 94-762, eff. 5-12-06; 95-432, eff. 1-1-08.)
| 9 | | (410 ILCS 70/2.1) (from Ch. 111 1/2, par. 87-2.1)
| 10 | | Sec. 2.1. Plan of correction; penalties.
If the Department | 11 | | surveyor determines that
the eligible health care facility | 12 | | hospital is not
in compliance with its approved plan, the | 13 | | surveyor shall provide the eligible health care facility
| 14 | | hospital with a written list of the specific items of | 15 | | noncompliance within
10 working days after the conclusion of | 16 | | the on site review. The eligible health care facility hospital | 17 | | shall have
10 working days to submit to the Department a plan | 18 | | of
correction which
contains the eligible health care | 19 | | facility's hospital's specific proposals for correcting the | 20 | | items of
noncompliance. The Department shall review the plan of
| 21 | | correction and
notify the eligible health care facility | 22 | | hospital in writing within 10 working days as to whether the | 23 | | plan is acceptable
or unacceptable.
| 24 | | If the Department finds the Plan of Correction
| 25 | | unacceptable, the eligible health care facility
hospital shall |
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| 1 | | have 10 working days to resubmit an acceptable Plan of
| 2 | | Correction. Upon notification that its Plan of Correction is | 3 | | acceptable, an eligible health care facility a
hospital shall | 4 | | implement the Plan of Correction within 60 days.
| 5 | | The failure to submit an acceptable Plan of Correction or | 6 | | to implement
the Plan of Correction, within the time frames | 7 | | required in this Section,
will subject an eligible health care | 8 | | facility a hospital to the imposition of a fine by the | 9 | | Department. The
Department may impose a fine of up to $500 per | 10 | | day
until an eligible health care facility a hospital
complies | 11 | | with the requirements of this Section.
| 12 | | Before imposing a fine pursuant to this Section, the | 13 | | Department shall
provide the eligible health care facility | 14 | | hospital via certified mail with written notice and an
| 15 | | opportunity for an administrative hearing. Such hearing must be | 16 | | requested
within 10 working days after receipt of the | 17 | | Department's Notice.
All hearings
shall be conducted in | 18 | | accordance with the Department's
rules
in
administrative | 19 | | hearings.
| 20 | | (Source: P.A. 94-762, eff. 5-12-06; 95-432, eff. 1-1-08.)
| 21 | | (410 ILCS 70/2.2)
| 22 | | Sec. 2.2. Emergency contraception.
| 23 | | (a) The General Assembly finds:
| 24 | | (1) Crimes of sexual assault and sexual abuse
cause | 25 | | significant physical, emotional, and
psychological trauma |
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| 1 | | to the victims. This trauma is compounded by a victim's
| 2 | | fear of becoming pregnant and bearing a child as a result | 3 | | of the sexual
assault.
| 4 | | (2) Each year over 32,000 women become pregnant in the | 5 | | United States as
the result of rape and
approximately 50% | 6 | | of these pregnancies end in abortion.
| 7 | | (3) As approved for use by the Federal Food and Drug | 8 | | Administration (FDA),
emergency contraception can | 9 | | significantly reduce the risk of pregnancy if taken
within | 10 | | 72 hours after the sexual assault.
| 11 | | (4) By providing emergency contraception to rape | 12 | | victims in a timely
manner, the trauma of rape can be | 13 | | significantly reduced.
| 14 | | (b) Within 120 days after the effective date of this | 15 | | amendatory Act of the
92nd General Assembly, every eligible | 16 | | health care facility hospital providing services to sexual
| 17 | | assault survivors in accordance with a plan approved under | 18 | | Section 2 must
develop a protocol that ensures that each | 19 | | survivor of sexual
assault will receive medically and factually | 20 | | accurate and written and oral
information about emergency | 21 | | contraception; the indications and
counter-indications and | 22 | | risks associated with the use of emergency
contraception;
and a | 23 | | description of how and when victims may be provided emergency
| 24 | | contraception upon
the written order of a physician licensed to | 25 | | practice medicine
in all its branches, a licensed advanced | 26 | | practice nurse, or a licensed physician assistant. The |
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| 1 | | Department shall approve the protocol if it finds
that the | 2 | | implementation of the protocol would provide sufficient | 3 | | protection
for survivors of sexual assault.
| 4 | | The eligible health care facility hospital shall implement | 5 | | the protocol upon approval by the Department.
The Department | 6 | | shall adopt rules and regulations establishing one or more safe
| 7 | | harbor protocols and setting minimum acceptable protocol | 8 | | standards that eligible health care facilities
hospitals may | 9 | | develop and implement. The Department shall approve any | 10 | | protocol
that meets those standards. The Department may provide | 11 | | a sample acceptable
protocol upon request.
| 12 | | (Source: P.A. 99-173, eff. 7-29-15.)
| 13 | | (410 ILCS 70/3) (from Ch. 111 1/2, par. 87-3)
| 14 | | Sec. 3. Areawide sexual assault treatment plans; | 15 | | submission. Eligible health care facilities Hospitals in the | 16 | | area to be served may develop and participate in areawide plans | 17 | | that shall describe the hospital emergency services and | 18 | | forensic services to sexual assault survivors that each | 19 | | participating eligible health care facility hospital has | 20 | | agreed to make available. Each eligible health care facility | 21 | | hospital participating in such a plan shall provide such | 22 | | services as it is designated to provide in the plan agreed upon | 23 | | by the participants. Areawide plans may include eligible health | 24 | | care facility hospital transfer plans. All areawide plans shall | 25 | | be submitted to the Department for approval, prior to becoming |
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| 1 | | effective. The Department shall approve a proposed plan if it | 2 | | finds that the implementation of the plan would provide for | 3 | | appropriate hospital emergency services and forensic services | 4 | | for the people of the area to be served.
| 5 | | (Source: P.A. 95-432, eff. 1-1-08.)
| 6 | | (410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
| 7 | | Sec. 5. Minimum requirements for eligible health care | 8 | | facilities hospitals providing hospital emergency services and | 9 | | forensic services
to sexual assault survivors.
| 10 | | (a) Every eligible health care facility hospital providing | 11 | | hospital emergency services and forensic services to
sexual | 12 | | assault survivors under this Act
shall, as minimum requirements | 13 | | for such services, provide, with the consent
of the sexual | 14 | | assault survivor, and as ordered by the attending
physician, an | 15 | | advanced practice nurse, or a physician assistant, the | 16 | | following:
| 17 | | (1) appropriate medical examinations and laboratory
| 18 | | tests required to ensure the health, safety, and welfare
of | 19 | | a sexual assault survivor or which may be
used as evidence | 20 | | in a criminal proceeding against a person accused of the
| 21 | | sexual assault, or both; and records of the results of such | 22 | | examinations
and tests shall be maintained by the eligible | 23 | | health care facility hospital and made available to law
| 24 | | enforcement officials upon the request of the sexual | 25 | | assault survivor;
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| 1 | | (2) appropriate oral and written information | 2 | | concerning the possibility
of infection, sexually | 3 | | transmitted disease and pregnancy
resulting from sexual | 4 | | assault;
| 5 | | (3) appropriate oral and written information | 6 | | concerning accepted medical
procedures, medication, and | 7 | | possible contraindications of such medication
available | 8 | | for the prevention or treatment of infection or disease | 9 | | resulting
from sexual assault;
| 10 | | (4) an amount of medication for treatment at the | 11 | | eligible health care facility hospital and after discharge | 12 | | as is deemed appropriate by the attending physician, an | 13 | | advanced practice nurse, or a physician assistant and | 14 | | consistent with the eligible health care facility's | 15 | | hospital's current approved protocol for sexual assault | 16 | | survivors;
| 17 | | (5) an evaluation of the sexual assault survivor's risk | 18 | | of contracting human immunodeficiency virus (HIV) from the | 19 | | sexual assault;
| 20 | | (6) written and oral instructions indicating the need | 21 | | for follow-up examinations and laboratory tests after the | 22 | | sexual assault to determine the presence or absence of
| 23 | | sexually transmitted disease;
| 24 | | (7) referral by eligible health care facility hospital | 25 | | personnel for appropriate counseling; and
| 26 | | (8) when HIV prophylaxis is deemed appropriate, an |
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| 1 | | initial dose or doses of HIV prophylaxis, along with | 2 | | written and oral instructions indicating the importance of
| 3 | | timely follow-up healthcare.
| 4 | | (b) Any person who is a sexual assault survivor who seeks | 5 | | emergency hospital services and forensic services or follow-up | 6 | | healthcare
under this Act shall be provided such services | 7 | | without the consent
of any parent, guardian, custodian, | 8 | | surrogate, or agent.
| 9 | | (b-5) Every treating eligible health care facility | 10 | | hospital providing hospital emergency and forensic services to | 11 | | sexual assault survivors shall issue a voucher to any sexual | 12 | | assault survivor who is eligible to receive one. The eligible | 13 | | health care facility hospital shall make a copy of the voucher | 14 | | and place it in the medical record of the sexual assault | 15 | | survivor. The eligible health care facility hospital shall | 16 | | provide a copy of the voucher to the sexual assault survivor | 17 | | after discharge upon request. | 18 | | (c) Nothing in this Section creates a physician-patient | 19 | | relationship that extends beyond discharge from the hospital or | 20 | | outpatient clinic's emergency department.
| 21 | | (Source: P.A. 99-173, eff. 7-29-15; 99-454, eff. 1-1-16; | 22 | | 99-642, eff. 7-28-16.)
| 23 | | (410 ILCS 70/5.5)
| 24 | | Sec. 5.5. Minimum reimbursement requirements for follow-up | 25 | | healthcare. |
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| 1 | | (a) Every eligible health care facility hospital , health | 2 | | care professional, laboratory, or pharmacy that provides | 3 | | follow-up healthcare to a sexual assault survivor, with the | 4 | | consent of the sexual assault survivor and as ordered by the | 5 | | attending physician, an advanced practice nurse, or physician | 6 | | assistant shall be reimbursed for the follow-up healthcare | 7 | | services provided. Follow-up healthcare services include, but | 8 | | are not limited to, the following: | 9 | | (1) a physical examination; | 10 | | (2) laboratory tests to determine the presence or | 11 | | absence of sexually transmitted disease; and | 12 | | (3) appropriate medications, including HIV | 13 | | prophylaxis. | 14 | | (b) Reimbursable follow-up healthcare is limited to office | 15 | | visits with a physician, advanced practice nurse, or physician | 16 | | assistant within 90 days after an initial visit for hospital | 17 | | emergency services. | 18 | | (c) Nothing in this Section requires an eligible health | 19 | | care facility a hospital , health care professional, | 20 | | laboratory, or pharmacy to provide follow-up healthcare to a | 21 | | sexual assault survivor.
| 22 | | (Source: P.A. 99-173, eff. 7-29-15.)
| 23 | | (410 ILCS 70/6.1) (from Ch. 111 1/2, par. 87-6.1)
| 24 | | Sec. 6.1. Minimum standards. The Department shall
| 25 | | prescribe minimum standards, rules, and
regulations necessary
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| 1 | | to implement this Act, which shall apply to every eligible | 2 | | health care facility hospital
required to be licensed by the | 3 | | Department that provides general medical and surgical hospital | 4 | | services.
Such standards shall include, but not be limited to, | 5 | | a
uniform system for recording results of medical examinations
| 6 | | and all diagnostic tests performed in connection therewith to
| 7 | | determine the condition and necessary treatment of
sexual | 8 | | assault survivors, which results shall be preserved in a
| 9 | | confidential manner as part of the eligible health care | 10 | | facility's hospital record of the sexual assault survivor.
| 11 | | (Source: P.A. 95-432, eff. 1-1-08.)
| 12 | | (410 ILCS 70/6.2) (from Ch. 111 1/2, par. 87-6.2)
| 13 | | Sec. 6.2. Assistance and grants. The Department shall
| 14 | | assist in the development and operation
of programs which | 15 | | provide hospital emergency services and forensic services to | 16 | | sexual assault
survivors, and, where necessary, to provide | 17 | | grants to eligible health care facilities hospitals for
this | 18 | | purpose.
| 19 | | (Source: P.A. 95-432, eff. 1-1-08.)
| 20 | | (410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4)
| 21 | | Sec. 6.4. Sexual assault evidence collection program.
| 22 | | (a) There is created a statewide sexual assault evidence | 23 | | collection program
to facilitate the prosecution of persons | 24 | | accused of sexual assault. This
program shall be administered |
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| 1 | | by the Illinois
State Police. The program shall
consist of the | 2 | | following: (1) distribution of sexual assault evidence
| 3 | | collection kits which have been approved by the Illinois
State | 4 | | Police to eligible health care facilities hospitals that | 5 | | request them, or arranging for
such distribution by the | 6 | | manufacturer of the kits, (2) collection of the kits
from | 7 | | eligible health care facilities hospitals after the kits have | 8 | | been used to collect
evidence, (3) analysis of the collected | 9 | | evidence and conducting of laboratory
tests, (4) maintaining | 10 | | the chain of custody and safekeeping of the evidence
for use in | 11 | | a legal proceeding, and (5) the comparison of the collected | 12 | | evidence with the genetic marker grouping analysis information | 13 | | maintained by the Department of State Police under Section | 14 | | 5-4-3 of the Unified Code of Corrections and with the | 15 | | information contained in the Federal Bureau of Investigation's | 16 | | National DNA database; provided the amount and quality of | 17 | | genetic marker grouping results obtained from the evidence in | 18 | | the sexual assault case meets the requirements of both the | 19 | | Department of State Police and the Federal Bureau of | 20 | | Investigation's Combined DNA Index System (CODIS) policies. | 21 | | The standardized evidence collection kit for
the State of | 22 | | Illinois shall be the Illinois State Police Sexual Assault | 23 | | Evidence Kit and shall include a written consent form | 24 | | authorizing law enforcement to test the sexual assault evidence | 25 | | and to provide law enforcement with details of the sexual | 26 | | assault.
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| 1 | | (a-5) (Blank).
| 2 | | (b) The Illinois State Police shall administer a program to | 3 | | train eligible health care facilities hospitals
and eligible | 4 | | health care facility hospital personnel participating in the | 5 | | sexual assault evidence collection
program, in the correct use | 6 | | and application of the sexual assault evidence
collection kits. | 7 | | A sexual assault nurse examiner may conduct
examinations using | 8 | | the sexual assault evidence collection kits, without the
| 9 | | presence or participation of a physician. The Department
shall
| 10 | | cooperate with the Illinois State Police in this
program as it | 11 | | pertains to medical aspects of the evidence collection.
| 12 | | (c) In this Section, "sexual assault nurse examiner" means | 13 | | a registered
nurse
who has completed a sexual assault nurse | 14 | | examiner (SANE) training program that
meets the Forensic Sexual | 15 | | Assault Nurse Examiner Education Guidelines
established by the | 16 | | International Association of Forensic Nurses.
| 17 | | (Source: P.A. 99-801, eff. 1-1-17 .)
| 18 | | (410 ILCS 70/6.5) | 19 | | Sec. 6.5. Written consent to the release of sexual assault | 20 | | evidence for testing. | 21 | | (a) Upon the completion of hospital emergency services and | 22 | | forensic services, the health care professional providing the | 23 | | forensic services shall provide the patient the opportunity to | 24 | | sign a written consent to allow law enforcement to submit the | 25 | | sexual assault evidence for testing. The written consent shall |
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| 1 | | be on a form included in the sexual assault evidence collection | 2 | | kit and shall include whether the survivor consents to the | 3 | | release of information about the sexual assault to law | 4 | | enforcement. | 5 | | (1) A survivor 13 years of age or older may sign the | 6 | | written consent to release the evidence for testing. | 7 | | (2) If the survivor is a minor who is under 13 years of | 8 | | age, the written consent to release the sexual assault | 9 | | evidence for testing may be signed by the parent, guardian, | 10 | | investigating law enforcement officer, or Department of | 11 | | Children and Family Services. | 12 | | (3) If the survivor is an adult who has a guardian of | 13 | | the person, a health care surrogate, or an agent acting | 14 | | under a health care power of attorney, the consent of the | 15 | | guardian, surrogate, or agent is not required to release | 16 | | evidence and information concerning the sexual assault or | 17 | | sexual abuse. If the adult is unable to provide consent for | 18 | | the release of evidence and information and a guardian, | 19 | | surrogate, or agent under a health care power of attorney | 20 | | is unavailable or unwilling to release the information, | 21 | | then an investigating law enforcement officer may | 22 | | authorize the release. | 23 | | (4) Any health care professional, including any | 24 | | physician, advanced practice nurse, physician assistant, | 25 | | or nurse, sexual assault nurse examiner, and any health | 26 | | care institution, including any eligible health care |
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| 1 | | facility hospital , who provides evidence or information to | 2 | | a law enforcement officer under a written consent as | 3 | | specified in this Section is immune from any civil or | 4 | | professional liability that might arise from those | 5 | | actions, with the exception of willful or wanton | 6 | | misconduct. The immunity provision applies only if all of | 7 | | the requirements of this Section are met. | 8 | | (b) The eligible health care facility hospital shall keep a | 9 | | copy of a signed or unsigned written consent form in the | 10 | | patient's medical record. | 11 | | (c) If a written consent to allow law enforcement to test | 12 | | the sexual assault evidence is not signed at the completion of | 13 | | hospital emergency services and forensic services, the | 14 | | eligible health care facility hospital shall include the | 15 | | following information in its discharge instructions: | 16 | | (1) the sexual assault evidence will be stored for 5 | 17 | | years from the completion of an Illinois State Police | 18 | | Sexual Assault Evidence Collection Kit, or 5 years from the | 19 | | age of 18 years, whichever is longer; | 20 | | (2) a person authorized to consent to the testing of | 21 | | the sexual assault evidence may sign a written consent to | 22 | | allow law enforcement to test the sexual assault evidence | 23 | | at any time during that 5-year period for an adult victim, | 24 | | or until a minor victim turns 23 years of age by (A) | 25 | | contacting the law enforcement agency having jurisdiction, | 26 | | or if unknown, the law enforcement agency contacted by the |
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| 1 | | eligible health care facility hospital under Section 3.2 of | 2 | | the Criminal Identification Act; or (B) by working with an | 3 | | advocate at a rape crisis center or Children's Advocacy | 4 | | Center ; | 5 | | (3) the name, address, and phone number of the law | 6 | | enforcement agency having jurisdiction, or if unknown the | 7 | | name, address, and phone number of the law enforcement | 8 | | agency contacted by the eligible health care facility | 9 | | hospital under Section 3.2 of the Criminal Identification | 10 | | Act; and | 11 | | (4) the name and phone number of a local rape crisis | 12 | | center or Children's Advocacy Center .
| 13 | | (Source: P.A. 99-801, eff. 1-1-17 .) | 14 | | (410 ILCS 70/6.6) | 15 | | Sec. 6.6. Submission of sexual assault evidence. | 16 | | (a) As soon as practicable, but in no event more than 4 | 17 | | hours after the completion of hospital emergency services and | 18 | | forensic services, the eligible health care facility hospital | 19 | | shall make reasonable efforts to determine the law enforcement | 20 | | agency having jurisdiction where the sexual assault occurred. | 21 | | The eligible health care facility hospital may obtain the name | 22 | | of the law enforcement agency with jurisdiction from the local | 23 | | law enforcement agency. | 24 | | (b) Within 4 hours after the completion of hospital | 25 | | emergency services and forensic services, the eligible health |
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| 1 | | care facility hospital shall notify the law enforcement agency | 2 | | having jurisdiction that the eligible health care facility | 3 | | hospital is in possession of sexual assault evidence and the | 4 | | date and time the collection of evidence was completed. The | 5 | | eligible health care facility hospital shall document the | 6 | | notification in the patient's medical records and shall include | 7 | | the agency notified, the date and time of the notification and | 8 | | the name of the person who received the notification. This | 9 | | notification to the law enforcement agency having jurisdiction | 10 | | satisfies the eligible health care facility hospital's | 11 | | requirement to contact its local law enforcement agency under | 12 | | Section 3.2 of the Criminal Identification Act. | 13 | | (c) If the law enforcement agency having jurisdiction has | 14 | | not taken physical custody of sexual assault evidence within 5 | 15 | | days of the first contact by the eligible health care facility | 16 | | hospital , the eligible health care facility hospital shall | 17 | | renotify re-notify the law enforcement agency having | 18 | | jurisdiction that the eligible health care facility hospital is | 19 | | in possession of sexual assault evidence and the date the | 20 | | sexual assault evidence was collected. The eligible health care | 21 | | facility hospital shall document the renotification | 22 | | re-notification in the patient's medical records and shall | 23 | | include the agency notified, the date and time of the | 24 | | notification and the name of the person who received the | 25 | | notification. | 26 | | (d) If the law enforcement agency having jurisdiction has |
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| 1 | | not taken physical custody of the sexual assault evidence | 2 | | within 10 days of the first contact by the eligible health care | 3 | | facility hospital and the eligible health care facility | 4 | | hospital has provided renotification under subsection (c) of | 5 | | this Section, the eligible health care facility hospital shall | 6 | | contact the State's Attorney of the county where the law | 7 | | enforcement agency having jurisdiction is located. The | 8 | | eligible health care facility hospital shall inform the State's | 9 | | Attorney that the eligible health care facility hospital is in | 10 | | possession of sexual assault evidence, the date the sexual | 11 | | assault evidence was collected, the law enforcement agency | 12 | | having jurisdiction, the dates, times and names of persons | 13 | | notified under subsections (b) and (c) of this Section. The | 14 | | notification shall be made within 14 days of the collection of | 15 | | the sexual assault evidence.
| 16 | | (Source: P.A. 99-801, eff. 1-1-17; revised 10-26-16.)
| 17 | | (410 ILCS 70/7) (from Ch. 111 1/2, par. 87-7)
| 18 | | Sec. 7. Reimbursement. | 19 | | (a) An eligible health care facility A hospital or health | 20 | | care professional furnishing hospital emergency services or | 21 | | forensic services, an ambulance provider furnishing | 22 | | transportation to a sexual assault survivor, an eligible health | 23 | | care facility a hospital , health care professional, or | 24 | | laboratory providing follow-up healthcare, or a pharmacy | 25 | | dispensing prescribed medications to any sexual assault |
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| 1 | | survivor shall furnish such services or medications to that | 2 | | person without charge and shall seek payment as follows: | 3 | | (1) If a sexual assault survivor is eligible to receive | 4 | | benefits under the medical assistance program under | 5 | | Article V of the Illinois Public Aid Code, the ambulance | 6 | | provider, eligible health care facility hospital , health | 7 | | care professional, laboratory, or pharmacy must submit the | 8 | | bill to the Department of Healthcare and Family Services or | 9 | | the appropriate Medicaid managed care organization and | 10 | | accept the amount paid as full payment. | 11 | | (2) If a sexual assault survivor is covered by one or | 12 | | more policies of health insurance or is a beneficiary under | 13 | | a public or private health coverage program, the ambulance | 14 | | provider, eligible health care facility hospital , health | 15 | | care professional, laboratory, or pharmacy shall bill the | 16 | | insurance company or program. With respect to such insured | 17 | | patients, applicable deductible, co-pay, co-insurance, | 18 | | denial of claim, or any other out-of-pocket | 19 | | insurance-related expense may be submitted to the Illinois | 20 | | Sexual Assault Emergency Treatment Program of the | 21 | | Department of Healthcare and Family Services in accordance | 22 | | with 89 Ill. Adm. Code 148.510 for payment at the | 23 | | Department of Healthcare and Family Services' allowable | 24 | | rates under the Illinois Public Aid Code. The ambulance | 25 | | provider, eligible health care facility hospital , health | 26 | | care professional, laboratory, or pharmacy shall accept |
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| 1 | | the amounts paid by the insurance company or health | 2 | | coverage program and the Illinois Sexual Assault Treatment | 3 | | Program as full payment. | 4 | | (3) If a sexual assault survivor is neither eligible to | 5 | | receive benefits under the medical assistance program | 6 | | under Article V of the Public Aid Code nor covered by a | 7 | | policy of insurance or a public or private health coverage | 8 | | program, the ambulance provider, eligible health care | 9 | | facility hospital , health care professional, laboratory, | 10 | | or pharmacy shall submit the request for reimbursement to | 11 | | the Illinois Sexual Assault Emergency Treatment Program | 12 | | under the Department of Healthcare and Family Services in | 13 | | accordance with 89 Ill. Adm. Code 148.510 at the Department | 14 | | of Healthcare and Family Services' allowable rates under | 15 | | the Illinois Public Aid Code. | 16 | | (4) If a sexual assault survivor presents a voucher for | 17 | | follow-up healthcare, the healthcare professional or | 18 | | laboratory that provides follow-up healthcare or the | 19 | | pharmacy that dispenses prescribed medications to a sexual | 20 | | assault survivor shall submit the request for | 21 | | reimbursement for follow-up healthcare, laboratory, or | 22 | | pharmacy services to the Illinois Sexual Assault Emergency | 23 | | Treatment Program under the Department of Healthcare and | 24 | | Family Services in accordance with 89 Ill. Adm. Code | 25 | | 148.510 at the Department of Healthcare and Family | 26 | | Services' allowable rates under the Illinois Public Aid |
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| 1 | | Code. Nothing in this subsection (a) precludes eligible | 2 | | health care facilities hospitals from providing follow-up | 3 | | healthcare and receiving reimbursement under this Section.
| 4 | | (b) Nothing in this Section precludes an eligible health | 5 | | care facility a hospital , health care provider, ambulance | 6 | | provider, laboratory, or pharmacy from billing the sexual | 7 | | assault survivor or any applicable health insurance or coverage | 8 | | for inpatient services. | 9 | | (c) (Blank). | 10 | | (d) On and after July 1, 2012, the Department shall reduce | 11 | | any rate of reimbursement for services or other payments or | 12 | | alter any methodologies authorized by this Act or the Illinois | 13 | | Public Aid Code to reduce any rate of reimbursement for | 14 | | services or other payments in accordance with Section 5-5e of | 15 | | the Illinois Public Aid Code. | 16 | | (e) The Department of Healthcare and Family Services shall | 17 | | establish standards, rules, and regulations to implement this | 18 | | Section.
| 19 | | (Source: P.A. 98-463, eff. 8-16-13; 99-454, eff. 1-1-16 .)
| 20 | | (410 ILCS 70/7.5) | 21 | | Sec. 7.5. Prohibition on billing sexual assault survivors | 22 | | directly for certain services; written notice; billing | 23 | | protocols. | 24 | | (a) An eligible health care facility A hospital , health | 25 | | care professional, ambulance provider, laboratory, or pharmacy |
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| 1 | | furnishing hospital emergency services, forensic services, | 2 | | transportation, follow-up healthcare, or medication to a | 3 | | sexual assault survivor shall not: | 4 | | (1) charge or submit a bill for any portion of the | 5 | | costs of the services, transportation, or medications to | 6 | | the sexual assault survivor, including any insurance | 7 | | deductible, co-pay, co-insurance, denial of claim by an | 8 | | insurer, spenddown, or any other out-of-pocket expense; | 9 | | (2) communicate with, harass, or intimidate the sexual | 10 | | assault survivor for payment of services, including, but | 11 | | not limited to, repeatedly calling or writing to the sexual | 12 | | assault survivor and threatening to refer the matter to a | 13 | | debt collection agency or to an attorney for collection, | 14 | | enforcement, or filing of other process; | 15 | | (3) refer a bill to a collection agency or attorney for | 16 | | collection action against the sexual assault survivor; | 17 | | (4) contact or distribute information to affect the | 18 | | sexual assault survivor's credit rating; or | 19 | | (5) take any other action adverse to the sexual assault | 20 | | survivor or his or her family on account of providing | 21 | | services to the sexual assault survivor. | 22 | | (b) Nothing in this Section precludes an eligible health | 23 | | care facility a hospital , health care provider, ambulance | 24 | | provider, laboratory, or pharmacy from billing the sexual | 25 | | assault survivor or any applicable health insurance or coverage | 26 | | for inpatient services. |
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| 1 | | (c) Within 60 days after the effective date of this | 2 | | amendatory Act of the 99th General Assembly, every eligible | 3 | | health care facility hospital providing treatment services to | 4 | | sexual assault survivors in accordance with a plan approved | 5 | | under Section 2 of this Act shall provide a written notice to a | 6 | | sexual assault survivor. The written notice must include, but | 7 | | is not limited to, the following: | 8 | | (1) a statement that the sexual assault survivor should | 9 | | not be directly billed by any ambulance provider providing | 10 | | transportation services, or by any eligible health care | 11 | | facility hospital , health care professional, laboratory, | 12 | | or pharmacy for the services the sexual assault survivor | 13 | | received as an outpatient at the eligible health care | 14 | | facility hospital ; | 15 | | (2) a statement that a sexual assault survivor who is | 16 | | admitted to a hospital may be billed for inpatient services | 17 | | provided by a hospital, health care professional, | 18 | | laboratory, or pharmacy; | 19 | | (3) a statement that prior to leaving the emergency | 20 | | department of the treating facility, the eligible health | 21 | | care facility hospital will give the sexual assault | 22 | | survivor a voucher for follow-up healthcare if the sexual | 23 | | assault survivor is eligible to receive a voucher; | 24 | | (4) the definition of "follow-up healthcare" as set | 25 | | forth in Section 1a of this Act; | 26 | | (5) a phone number the sexual assault survivor may call |
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| 1 | | should the sexual assault survivor receive a bill from the | 2 | | eligible health care facility hospital for hospital | 3 | | emergency services and forensic services; | 4 | | (6) the toll-free phone number of the Office of the | 5 | | Illinois Attorney General, Crime Victim Services Division, | 6 | | which the sexual assault survivor may call should the | 7 | | sexual assault survivor receive a bill from an ambulance | 8 | | provider, a health care professional, a laboratory, or a | 9 | | pharmacy. | 10 | | This subsection (c) shall not apply to eligible health care | 11 | | facilities hospitals that provide transfer services as defined | 12 | | under Section 1a of this Act. | 13 | | (d) Within 60 days after the effective date of this | 14 | | amendatory Act of the 99th General Assembly, every health care | 15 | | professional, except for those employed by an eligible health | 16 | | care facility a hospital or hospital affiliate, as defined in | 17 | | the Hospital Licensing Act, or those employed by a hospital | 18 | | operated under the University of Illinois Hospital Act, who | 19 | | bills separately for hospital emergency services or forensic | 20 | | services must develop a billing protocol that ensures that no | 21 | | survivor of sexual assault will be sent a bill for any hospital | 22 | | emergency services or forensic services and submit the billing | 23 | | protocol to the Crime Victim Services Division of the Office of | 24 | | the Attorney General for approval. Health care professionals | 25 | | who bill as a legal entity may submit a single billing protocol | 26 | | for the billing entity. The billing protocol must include at a |
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| 1 | | minimum: | 2 | | (1) a description of training for persons who prepare | 3 | | bills for hospital emergency services and forensic | 4 | | services; | 5 | | (2) a written acknowledgement signed by a person who | 6 | | has completed the training that the person will not bill | 7 | | survivors of sexual assault; | 8 | | (3) prohibitions on submitting any bill for any portion | 9 | | of hospital emergency services or forensic services | 10 | | provided to a survivor of sexual assault to a collection | 11 | | agency; | 12 | | (4) prohibitions on taking any action that would | 13 | | adversely affect the credit of the survivor of sexual | 14 | | assault; | 15 | | (5) the termination of all collection activities if the | 16 | | protocol is violated; and | 17 | | (6) the actions to be taken if a bill is sent to a | 18 | | collection agency or the failure to pay is reported to any | 19 | | credit reporting agency. | 20 | | The Crime Victim Services Division of the Office of the | 21 | | Attorney General may provide a sample acceptable billing | 22 | | protocol upon request. | 23 | | The Office of the Attorney General shall approve a proposed | 24 | | protocol if it finds that the implementation of the protocol | 25 | | would result in no survivor of sexual assault being billed or | 26 | | sent a bill for hospital emergency services or forensic |
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| 1 | | services. | 2 | | If the Office of the Attorney General determines that | 3 | | implementation of the protocol could result in the billing of a | 4 | | survivor of sexual assault for hospital emergency services or | 5 | | forensic services, the Office of the Attorney General shall | 6 | | provide the health care professional with a written statement | 7 | | of the deficiencies in the protocol. The health care | 8 | | professional shall have 30 days to submit a revised billing | 9 | | protocol addressing the deficiencies to the Office of the | 10 | | Attorney General. The health care professional shall implement | 11 | | the protocol upon approval by the Crime Victim Services | 12 | | Division of the Office of the Attorney General. | 13 | | The health care professional shall submit any proposed | 14 | | revision to or modification of an approved billing protocol to | 15 | | the Crime Victim Services Division of the Office of the | 16 | | Attorney General for approval. The health care professional | 17 | | shall implement the revised or modified billing protocol upon | 18 | | approval by the Crime Victim Services Division of the Office of | 19 | | the Illinois Attorney General.
| 20 | | (Source: P.A. 99-454, eff. 1-1-16 .)
| 21 | | (410 ILCS 70/8) (from Ch. 111 1/2, par. 87-8)
| 22 | | Sec. 8. Penalties. | 23 | | (a) Any eligible health care facility hospital violating | 24 | | any provisions of this Act other than Section 7.5
shall be | 25 | | guilty of a petty offense for each violation, and any fine |
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| 1 | | imposed
shall be paid into the general corporate funds of the | 2 | | city, incorporated
town or village in which the eligible health | 3 | | care facility hospital is located, or of the county, in case
| 4 | | such eligible health care facility hospital is outside the | 5 | | limits of any incorporated municipality.
| 6 | | (b) The Attorney General may seek the assessment of one or | 7 | | more of the following civil monetary penalties in any action | 8 | | filed under this Act where the eligible health care facility | 9 | | hospital , health care professional, ambulance provider, | 10 | | laboratory, or pharmacy knowingly violates Section 7.5 of the | 11 | | Act: | 12 | | (1) For willful violations of paragraphs (1), (2), (4), | 13 | | or (5) of subsection (a) of Section 7.5 or subsection (c) | 14 | | of Section 7.5, the civil monetary penalty shall not exceed | 15 | | $500 per violation. | 16 | | (2) For violations of paragraphs (1), (2), (4), or (5) | 17 | | of subsection (a) of Section 7.5 or subsection (c) of | 18 | | Section 7.5 involving a pattern or practice, the civil | 19 | | monetary penalty shall not exceed $500 per violation. | 20 | | (3) For violations of paragraph (3) of subsection (a) | 21 | | of Section 7.5, the civil monetary penalty shall not exceed | 22 | | $500 for each day the bill is with a collection agency. | 23 | | (4) For violations involving the failure to submit | 24 | | billing protocols within the time period required under | 25 | | subsection (d) of Section 7.5, the civil monetary penalty | 26 | | shall not exceed $100 per day until the health care |
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| 1 | | professional complies with subsection (d) of Section 7.5. | 2 | | All civil monetary penalties shall be deposited into the | 3 | | Violent Crime Victims Assistance Fund. | 4 | | (Source: P.A. 99-454, eff. 1-1-16 .)
| 5 | | (410 ILCS 70/9) (from Ch. 111 1/2, par. 87-9)
| 6 | | Sec. 9.
Nothing in this Act shall be construed to require
a | 7 | | eligible health care facility hospital to provide any services | 8 | | which relate to an abortion.
| 9 | | (Source: P.A. 79-564.)
| 10 | | Section 99. Effective date. This Act takes effect January | 11 | | 1, 2018.".
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