SB3023eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
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1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Sexual Assault Survivors Emergency
5Treatment Act is amended by changing Sections 1a, 1a-1, 2-1,
65-1, 5.4, 5.5, 5.5-1, 7.5, and 9.5 as follows:
 
7    (410 ILCS 70/1a)  (from Ch. 111 1/2, par. 87-1a)
8    Sec. 1a. Definitions.
9    (a) In this Act:
10    "Advanced practice registered nurse" has the meaning
11provided in Section 50-10 of the Nurse Practice Act.
12    "Ambulance provider" means an individual or entity that
13owns and operates a business or service using ambulances or
14emergency medical services vehicles to transport emergency
15patients.
16    "Approved pediatric health care facility" means a health
17care facility, other than a hospital, with a sexual assault
18treatment plan approved by the Department to provide medical
19forensic services to pediatric sexual assault survivors who
20present with a complaint of sexual assault within a minimum of
21the last 7 days or who have disclosed past sexual assault by a
22specific individual and were in the care of that individual
23within a minimum of the last 7 days.

 

 

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1    "Areawide sexual assault treatment plan" means a plan,
2developed by hospitals or by hospitals and approved pediatric
3health care facilities in a community or area to be served,
4which provides for medical forensic services to sexual assault
5survivors that shall be made available by each of the
6participating hospitals and approved pediatric health care
7facilities.
8    "Board-certified child abuse pediatrician" means a
9physician certified by the American Board of Pediatrics in
10child abuse pediatrics.
11    "Board-eligible child abuse pediatrician" means a
12physician who has completed the requirements set forth by the
13American Board of Pediatrics to take the examination for
14certification in child abuse pediatrics.
15    "Department" means the Department of Public Health.
16    "Emergency contraception" means medication as approved by
17the federal Food and Drug Administration (FDA) that can
18significantly reduce the risk of pregnancy if taken within 72
19hours after sexual assault.
20    "Follow-up healthcare" means healthcare services related
21to a sexual assault, including laboratory services and
22pharmacy services, rendered within 180 90 days of the initial
23visit for medical forensic services.
24    "Health care professional" means a physician, a physician
25assistant, a sexual assault forensic examiner, an advanced
26practice registered nurse, a registered professional nurse, a

 

 

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1licensed practical nurse, or a sexual assault nurse examiner.
2    "Hospital" means a hospital licensed under the Hospital
3Licensing Act or operated under the University of Illinois
4Hospital Act, any outpatient center included in the hospital's
5sexual assault treatment plan where hospital employees provide
6medical forensic services, and an out-of-state hospital that
7has consented to the jurisdiction of the Department under
8Section 2.06.
9    "Illinois State Police Sexual Assault Evidence Collection
10Kit" means a prepackaged set of materials and forms to be used
11for the collection of evidence relating to sexual assault. The
12standardized evidence collection kit for the State of Illinois
13shall be the Illinois State Police Sexual Assault Evidence
14Collection Kit.
15    "Law enforcement agency having jurisdiction" means the law
16enforcement agency in the jurisdiction where an alleged sexual
17assault or sexual abuse occurred.
18    "Licensed practical nurse" has the meaning provided in
19Section 50-10 of the Nurse Practice Act.
20    "Medical forensic services" means health care delivered to
21patients within or under the care and supervision of personnel
22working in a designated emergency department of a hospital or
23an approved pediatric health care facility. "Medical forensic
24services" includes, but is not limited to, taking a medical
25history, performing photo documentation, performing a physical
26and anogenital examination, assessing the patient for evidence

 

 

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1collection, collecting evidence in accordance with a statewide
2sexual assault evidence collection program administered by the
3Illinois State Police using the Illinois State Police Sexual
4Assault Evidence Collection Kit, if appropriate, assessing the
5patient for drug-facilitated or alcohol-facilitated sexual
6assault, providing an evaluation of and care for sexually
7transmitted infection and human immunodeficiency virus (HIV),
8pregnancy risk evaluation and care, and discharge and
9follow-up healthcare planning.
10    "Pediatric health care facility" means a clinic or
11physician's office that provides medical services to pediatric
12patients.
13    "Pediatric sexual assault survivor" means a person under
14the age of 13 who presents for medical forensic services in
15relation to injuries or trauma resulting from a sexual
16assault.
17    "Photo documentation" means digital photographs or
18colposcope videos stored and backed up securely in the
19original file format.
20    "Physician" means a person licensed to practice medicine
21in all its branches.
22    "Physician assistant" has the meaning provided in Section
234 of the Physician Assistant Practice Act of 1987.
24    "Prepubescent sexual assault survivor" means a female who
25is under the age of 18 years and has not had a first menstrual
26cycle or a male who is under the age of 18 years and has not

 

 

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1started to develop secondary sex characteristics who presents
2for medical forensic services in relation to injuries or
3trauma resulting from a sexual assault.
4    "Qualified medical provider" means a board-certified child
5abuse pediatrician, board-eligible child abuse pediatrician, a
6sexual assault forensic examiner, or a sexual assault nurse
7examiner who has access to photo documentation tools, and who
8participates in peer review.
9    "Registered Professional Nurse" has the meaning provided
10in Section 50-10 of the Nurse Practice Act.
11    "Sexual assault" means:
12        (1) an act of sexual conduct; as used in this
13    paragraph, "sexual conduct" has the meaning provided under
14    Section 11-0.1 of the Criminal Code of 2012; or
15        (2) any act of sexual penetration; as used in this
16    paragraph, "sexual penetration" has the meaning provided
17    under Section 11-0.1 of the Criminal Code of 2012 and
18    includes, without limitation, acts prohibited under
19    Sections 11-1.20 through 11-1.60 of the Criminal Code of
20    2012.
21    "Sexual assault forensic examiner" means a physician or
22physician assistant who has completed training that meets or
23is substantially similar to the Sexual Assault Nurse Examiner
24Education Guidelines established by the International
25Association of Forensic Nurses.
26    "Sexual assault nurse examiner" means an advanced practice

 

 

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

 

 

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1facility.
2    "Transfer hospital" means a hospital with a sexual assault
3transfer plan approved by the Department.
4    "Transfer services" means the appropriate medical
5screening examination and necessary stabilizing treatment
6prior to the transfer of a sexual assault survivor to a
7hospital or an approved pediatric health care facility that
8provides medical forensic services to sexual assault survivors
9pursuant to a sexual assault treatment plan or areawide sexual
10assault treatment plan.
11    "Treatment hospital" means a hospital with a sexual
12assault treatment plan approved by the Department to provide
13medical forensic services to all sexual assault survivors who
14present with a complaint of sexual assault within a minimum of
15the last 7 days or who have disclosed past sexual assault by a
16specific individual and were in the care of that individual
17within a minimum of the last 7 days.
18    "Treatment hospital with approved pediatric transfer"
19means a hospital with a treatment plan approved by the
20Department to provide medical forensic services to sexual
21assault survivors 13 years old or older who present with a
22complaint of sexual assault within a minimum of the last 7 days
23or who have disclosed past sexual assault by a specific
24individual and were in the care of that individual within a
25minimum of the last 7 days.
26    (b) This Section is effective on and after January 1, 2024

 

 

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12022.
2(Source: P.A. 101-81, eff. 7-12-19; 101-634, eff. 6-5-20;
3102-22, eff. 6-25-21; 102-538, eff. 8-20-21; 102-674, eff.
411-30-21; revised 12-16-21.)
 
5    (410 ILCS 70/1a-1)
6    (Section scheduled to be repealed on December 31, 2023)
7    Sec. 1a-1. Definitions.
8    (a) In this Act:
9    "Advanced practice registered nurse" has the meaning
10provided in Section 50-10 of the Nurse Practice Act.
11    "Ambulance provider" means an individual or entity that
12owns and operates a business or service using ambulances or
13emergency medical services vehicles to transport emergency
14patients.
15    "Approved pediatric health care facility" means a health
16care facility, other than a hospital, with a sexual assault
17treatment plan approved by the Department to provide medical
18forensic services to pediatric sexual assault survivors who
19present with a complaint of sexual assault within a minimum of
20the last 7 days or who have disclosed past sexual assault by a
21specific individual and were in the care of that individual
22within a minimum of the last 7 days.
23    "Approved federally qualified health center" means a
24facility as defined in Section 1905(l)(2)(B) of the federal
25Social Security Act with a sexual assault treatment plan

 

 

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

 

 

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1    "Federally qualified health center" means a facility as
2defined in Section 1905(l)(2)(B) of the federal Social
3Security Act that provides primary care or sexual health
4services.
5    "Follow-up healthcare" means healthcare services related
6to a sexual assault, including laboratory services and
7pharmacy services, rendered within 180 90 days of the initial
8visit for medical forensic services.
9    "Health care professional" means a physician, a physician
10assistant, a sexual assault forensic examiner, an advanced
11practice registered nurse, a registered professional nurse, a
12licensed practical nurse, or a sexual assault nurse examiner.
13    "Hospital" means a hospital licensed under the Hospital
14Licensing Act or operated under the University of Illinois
15Hospital Act, any outpatient center included in the hospital's
16sexual assault treatment plan where hospital employees provide
17medical forensic services, and an out-of-state hospital that
18has consented to the jurisdiction of the Department under
19Section 2.06-1.
20    "Illinois State Police Sexual Assault Evidence Collection
21Kit" means a prepackaged set of materials and forms to be used
22for the collection of evidence relating to sexual assault. The
23standardized evidence collection kit for the State of Illinois
24shall be the Illinois State Police Sexual Assault Evidence
25Collection Kit.
26    "Law enforcement agency having jurisdiction" means the law

 

 

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1enforcement agency in the jurisdiction where an alleged sexual
2assault or sexual abuse occurred.
3    "Licensed practical nurse" has the meaning provided in
4Section 50-10 of the Nurse Practice Act.
5    "Medical forensic services" means health care delivered to
6patients within or under the care and supervision of personnel
7working in a designated emergency department of a hospital,
8approved pediatric health care facility, or an approved
9federally qualified health centers.
10    "Medical forensic services" includes, but is not limited
11to, taking a medical history, performing photo documentation,
12performing a physical and anogenital examination, assessing
13the patient for evidence collection, collecting evidence in
14accordance with a statewide sexual assault evidence collection
15program administered by the Department of State Police using
16the Illinois State Police Sexual Assault Evidence Collection
17Kit, if appropriate, assessing the patient for
18drug-facilitated or alcohol-facilitated sexual assault,
19providing an evaluation of and care for sexually transmitted
20infection and human immunodeficiency virus (HIV), pregnancy
21risk evaluation and care, and discharge and follow-up
22healthcare planning.
23    "Pediatric health care facility" means a clinic or
24physician's office that provides medical services to pediatric
25patients.
26    "Pediatric sexual assault survivor" means a person under

 

 

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1the age of 13 who presents for medical forensic services in
2relation to injuries or trauma resulting from a sexual
3assault.
4    "Photo documentation" means digital photographs or
5colposcope videos stored and backed up securely in the
6original file format.
7    "Physician" means a person licensed to practice medicine
8in all its branches.
9    "Physician assistant" has the meaning provided in Section
104 of the Physician Assistant Practice Act of 1987.
11    "Prepubescent sexual assault survivor" means a female who
12is under the age of 18 years and has not had a first menstrual
13cycle or a male who is under the age of 18 years and has not
14started to develop secondary sex characteristics who presents
15for medical forensic services in relation to injuries or
16trauma resulting from a sexual assault.
17    "Qualified medical provider" means a board-certified child
18abuse pediatrician, board-eligible child abuse pediatrician, a
19sexual assault forensic examiner, or a sexual assault nurse
20examiner who has access to photo documentation tools, and who
21participates in peer review.
22    "Registered Professional Nurse" has the meaning provided
23in Section 50-10 of the Nurse Practice Act.
24    "Sexual assault" means:
25        (1) an act of sexual conduct; as used in this
26    paragraph, "sexual conduct" has the meaning provided under

 

 

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1    Section 11-0.1 of the Criminal Code of 2012; or
2        (2) any act of sexual penetration; as used in this
3    paragraph, "sexual penetration" has the meaning provided
4    under Section 11-0.1 of the Criminal Code of 2012 and
5    includes, without limitation, acts prohibited under
6    Sections 11-1.20 through 11-1.60 of the Criminal Code of
7    2012.
8    "Sexual assault forensic examiner" means a physician or
9physician assistant who has completed training that meets or
10is substantially similar to the Sexual Assault Nurse Examiner
11Education Guidelines established by the International
12Association of Forensic Nurses.
13    "Sexual assault nurse examiner" means an advanced practice
14registered nurse or registered professional nurse who has
15completed a sexual assault nurse examiner training program
16that meets the Sexual Assault Nurse Examiner Education
17Guidelines established by the International Association of
18Forensic Nurses.
19    "Sexual assault services voucher" means a document
20generated by a hospital or approved pediatric health care
21facility at the time the sexual assault survivor receives
22outpatient medical forensic services that may be used to seek
23payment for any ambulance services, medical forensic services,
24laboratory services, pharmacy services, and follow-up
25healthcare provided as a result of the sexual assault.
26    "Sexual assault survivor" means a person who presents for

 

 

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1medical forensic services in relation to injuries or trauma
2resulting from a sexual assault.
3    "Sexual assault transfer plan" means a written plan
4developed by a hospital and approved by the Department, which
5describes the hospital's procedures for transferring sexual
6assault survivors to another hospital, and an approved
7pediatric health care facility, if applicable, in order to
8receive medical forensic services.
9    "Sexual assault treatment plan" means a written plan that
10describes the procedures and protocols for providing medical
11forensic services to sexual assault survivors who present
12themselves for such services, either directly or through
13transfer from a hospital or an approved pediatric health care
14facility.
15    "Transfer hospital" means a hospital with a sexual assault
16transfer plan approved by the Department.
17    "Transfer services" means the appropriate medical
18screening examination and necessary stabilizing treatment
19prior to the transfer of a sexual assault survivor to a
20hospital or an approved pediatric health care facility that
21provides medical forensic services to sexual assault survivors
22pursuant to a sexual assault treatment plan or areawide sexual
23assault treatment plan.
24    "Treatment hospital" means a hospital with a sexual
25assault treatment plan approved by the Department to provide
26medical forensic services to all sexual assault survivors who

 

 

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1present with a complaint of sexual assault within a minimum of
2the last 7 days or who have disclosed past sexual assault by a
3specific individual and were in the care of that individual
4within a minimum of the last 7 days.
5    "Treatment hospital with approved pediatric transfer"
6means a hospital with a treatment plan approved by the
7Department to provide medical forensic services to sexual
8assault survivors 13 years old or older who present with a
9complaint of sexual assault within a minimum of the last 7 days
10or who have disclosed past sexual assault by a specific
11individual and were in the care of that individual within a
12minimum of the last 7 days.
13    (b) This Section is repealed on December 31, 2023.
14(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;
15102-674, eff. 11-30-21.)
 
16    (410 ILCS 70/2-1)
17    (Section scheduled to be repealed on December 31, 2023)
18    Sec. 2-1. Hospital, approved pediatric health care
19facility, and approved federally qualified health center
20requirements for sexual assault plans.
21    (a) Every hospital required to be licensed by the
22Department pursuant to the Hospital Licensing Act, or operated
23under the University of Illinois Hospital Act that provides
24general medical and surgical hospital services shall provide
25either (i) transfer services to all sexual assault survivors,

 

 

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1(ii) medical forensic services to all sexual assault
2survivors, or (iii) transfer services to pediatric sexual
3assault survivors and medical forensic services to sexual
4assault survivors 13 years old or older, in accordance with
5rules adopted by the Department.
6    In addition, every such hospital, regardless of whether or
7not a request is made for reimbursement, shall submit to the
8Department a plan to provide either (i) transfer services to
9all sexual assault survivors, (ii) medical forensic services
10to all sexual assault survivors, or (iii) transfer services to
11pediatric sexual assault survivors and medical forensic
12services to sexual assault survivors 13 years old or older.
13The Department shall approve such plan for either (i) transfer
14services to all sexual assault survivors, (ii) medical
15forensic services to all sexual assault survivors, or (iii)
16transfer services to pediatric sexual assault survivors and
17medical forensic services to sexual assault survivors 13 years
18old or older, if it finds that the implementation of the
19proposed plan would provide (i) transfer services or (ii)
20medical forensic services for sexual assault survivors in
21accordance with the requirements of this Act and provide
22sufficient protections from the risk of pregnancy to sexual
23assault survivors. Notwithstanding anything to the contrary in
24this paragraph, the Department may approve a sexual assault
25transfer plan for the provision of medical forensic services
26if:

 

 

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1        (1) a treatment hospital with approved pediatric
2    transfer has agreed, as part of an areawide treatment
3    plan, to accept sexual assault survivors 13 years of age
4    or older from the proposed transfer hospital, if the
5    treatment hospital with approved pediatric transfer is
6    geographically closer to the transfer hospital than a
7    treatment hospital or another treatment hospital with
8    approved pediatric transfer and such transfer is not
9    unduly burdensome on the sexual assault survivor; and
10        (2) a treatment hospital has agreed, as a part of an
11    areawide treatment plan, to accept sexual assault
12    survivors under 13 years of age from the proposed transfer
13    hospital and transfer to the treatment hospital would not
14    unduly burden the sexual assault survivor.
15    The Department may not approve a sexual assault transfer
16plan unless a treatment hospital has agreed, as a part of an
17areawide treatment plan, to accept sexual assault survivors
18from the proposed transfer hospital and a transfer to the
19treatment hospital would not unduly burden the sexual assault
20survivor.
21    In counties with a population of less than 1,000,000, the
22Department may not approve a sexual assault transfer plan for
23a hospital located within a 20-mile radius of a 4-year public
24university, not including community colleges, unless there is
25a treatment hospital with a sexual assault treatment plan
26approved by the Department within a 20-mile radius of the

 

 

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14-year public university.
2    A transfer must be in accordance with federal and State
3laws and local ordinances.
4    A treatment hospital with approved pediatric transfer must
5submit an areawide treatment plan under Section 3-1 of this
6Act that includes a written agreement with a treatment
7hospital stating that the treatment hospital will provide
8medical forensic services to pediatric sexual assault
9survivors transferred from the treatment hospital with
10approved pediatric transfer. The areawide treatment plan may
11also include an approved pediatric health care facility.
12    A transfer hospital must submit an areawide treatment plan
13under Section 3-1 of this Act that includes a written
14agreement with a treatment hospital stating that the treatment
15hospital will provide medical forensic services to all sexual
16assault survivors transferred from the transfer hospital. The
17areawide treatment plan may also include an approved pediatric
18health care facility. Notwithstanding anything to the contrary
19in this paragraph, the areawide treatment plan may include a
20written agreement with a treatment hospital with approved
21pediatric transfer that is geographically closer than other
22hospitals providing medical forensic services to sexual
23assault survivors 13 years of age or older stating that the
24treatment hospital with approved pediatric transfer will
25provide medical services to sexual assault survivors 13 years
26of age or older who are transferred from the transfer

 

 

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1hospital. If the areawide treatment plan includes a written
2agreement with a treatment hospital with approved pediatric
3transfer, it must also include a written agreement with a
4treatment hospital stating that the treatment hospital will
5provide medical forensic services to sexual assault survivors
6under 13 years of age who are transferred from the transfer
7hospital.
8    Beginning January 1, 2019, each treatment hospital and
9treatment hospital with approved pediatric transfer shall
10ensure that emergency department attending physicians,
11physician assistants, advanced practice registered nurses, and
12registered professional nurses providing clinical services,
13who do not meet the definition of a qualified medical provider
14in Section 1a-1 of this Act, receive a minimum of 2 hours of
15sexual assault training by July 1, 2020 or until the treatment
16hospital or treatment hospital with approved pediatric
17transfer certifies to the Department, in a form and manner
18prescribed by the Department, that it employs or contracts
19with a qualified medical provider in accordance with
20subsection (a-7) of Section 5-1, whichever occurs first.
21    After July 1, 2020 or once a treatment hospital or a
22treatment hospital with approved pediatric transfer certifies
23compliance with subsection (a-7) of Section 5-1, whichever
24occurs first, each treatment hospital and treatment hospital
25with approved pediatric transfer shall ensure that emergency
26department attending physicians, physician assistants,

 

 

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1advanced practice registered nurses, and registered
2professional nurses providing clinical services, who do not
3meet the definition of a qualified medical provider in Section
41a-1 of this Act, receive a minimum of 2 hours of continuing
5education on responding to sexual assault survivors every 2
6years. Protocols for training shall be included in the
7hospital's sexual assault treatment plan.
8    Sexual assault training provided under this subsection may
9be provided in person or online and shall include, but not be
10limited to:
11        (1) information provided on the provision of medical
12    forensic services;
13        (2) information on the use of the Illinois Sexual
14    Assault Evidence Collection Kit;
15        (3) information on sexual assault epidemiology,
16    neurobiology of trauma, drug-facilitated sexual assault,
17    child sexual abuse, and Illinois sexual assault-related
18    laws; and
19        (4) information on the hospital's sexual
20    assault-related policies and procedures.
21    The online training made available by the Office of the
22Attorney General under subsection (b) of Section 10-1 may be
23used to comply with this subsection.
24    (b) An approved pediatric health care facility may provide
25medical forensic services, in accordance with rules adopted by
26the Department, to all pediatric sexual assault survivors who

 

 

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1present for medical forensic services in relation to injuries
2or trauma resulting from a sexual assault. These services
3shall be provided by a qualified medical provider.
4    A pediatric health care facility must participate in or
5submit an areawide treatment plan under Section 3-1 of this
6Act that includes a treatment hospital. If a pediatric health
7care facility does not provide certain medical or surgical
8services that are provided by hospitals, the areawide sexual
9assault treatment plan must include a procedure for ensuring a
10sexual assault survivor in need of such medical or surgical
11services receives the services at the treatment hospital. The
12areawide treatment plan may also include a treatment hospital
13with approved pediatric transfer.
14    The Department shall review a proposed sexual assault
15treatment plan submitted by a pediatric health care facility
16within 60 days after receipt of the plan. If the Department
17finds that the proposed plan meets the minimum requirements
18set forth in Section 5-1 of this Act and that implementation of
19the proposed plan would provide medical forensic services for
20pediatric sexual assault survivors, then the Department shall
21approve the plan. If the Department does not approve a plan,
22then the Department shall notify the pediatric health care
23facility that the proposed plan has not been approved. The
24pediatric health care facility shall have 30 days to submit a
25revised plan. The Department shall review the revised plan
26within 30 days after receipt of the plan and notify the

 

 

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1pediatric health care facility whether the revised plan is
2approved or rejected. A pediatric health care facility may not
3provide medical forensic services to pediatric sexual assault
4survivors who present with a complaint of sexual assault
5within a minimum of the last 7 days or who have disclosed past
6sexual assault by a specific individual and were in the care of
7that individual within a minimum of the last 7 days until the
8Department has approved a treatment plan.
9    If an approved pediatric health care facility is not open
1024 hours a day, 7 days a week, it shall post signage at each
11public entrance to its facility that:
12        (1) is at least 14 inches by 14 inches in size;
13        (2) directs those seeking services as follows: "If
14    closed, call 911 for services or go to the closest
15    hospital emergency department, (insert name) located at
16    (insert address).";
17        (3) lists the approved pediatric health care
18    facility's hours of operation;
19        (4) lists the street address of the building;
20        (5) has a black background with white bold capital
21    lettering in a clear and easy to read font that is at least
22    72-point type, and with "call 911" in at least 125-point
23    type;
24        (6) is posted clearly and conspicuously on or adjacent
25    to the door at each entrance and, if building materials
26    allow, is posted internally for viewing through glass; if

 

 

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1    posted externally, the sign shall be made of
2    weather-resistant and theft-resistant materials,
3    non-removable, and adhered permanently to the building;
4    and
5        (7) has lighting that is part of the sign itself or is
6    lit with a dedicated light that fully illuminates the
7    sign.
8    (b-5) An approved federally qualified health center may
9provide medical forensic services, in accordance with rules
10adopted by the Department, to all sexual assault survivors 13
11years old or older who present for medical forensic services
12in relation to injuries or trauma resulting from a sexual
13assault during the duration, and 90 days thereafter, of a
14proclamation issued by the Governor declaring a disaster, or a
15successive proclamation regarding the same disaster, in all
16102 counties due to a public health emergency. These services
17shall be provided by (i) a qualified medical provider,
18physician, physician assistant, or advanced practice
19registered nurse who has received a minimum of 10 hours of
20sexual assault training provided by a qualified medical
21provider on current Illinois legislation, how to properly
22perform a medical forensic examination, evidence collection,
23drug and alcohol facilitated sexual assault, and forensic
24photography and has all documentation and photos peer reviewed
25by a qualified medical provider or (ii) until the federally
26qualified health care center certifies to the Department, in a

 

 

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1form and manner prescribed by the Department, that it employs
2or contracts with a qualified medical provider in accordance
3with subsection (a-7) of Section 5-1, whichever occurs first.
4    A federally qualified health center must participate in or
5submit an areawide treatment plan under Section 3-1 of this
6Act that includes a treatment hospital. If a federally
7qualified health center does not provide certain medical or
8surgical services that are provided by hospitals, the areawide
9sexual assault treatment plan must include a procedure for
10ensuring a sexual assault survivor in need of such medical or
11surgical services receives the services at the treatment
12hospital. The areawide treatment plan may also include a
13treatment hospital with approved pediatric transfer or an
14approved pediatric health care facility.
15    The Department shall review a proposed sexual assault
16treatment plan submitted by a federally qualified health
17center within 14 days after receipt of the plan. If the
18Department finds that the proposed plan meets the minimum
19requirements set forth in Section 5-1 and that implementation
20of the proposed plan would provide medical forensic services
21for sexual assault survivors 13 years old or older, then the
22Department shall approve the plan. The Department shall not
23approve sexual assault treatment plans for more than 6
24federally qualified health centers, which must be located in
25geographically diverse areas of the State. If the Department
26does not approve a plan, then the Department shall notify the

 

 

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1federally qualified health center that the proposed plan has
2not been approved. The federally qualified health center shall
3have 14 days to submit a revised plan. The Department shall
4review the revised plan within 14 days after receipt of the
5plan and notify the federally qualified health center whether
6the revised plan is approved or rejected. A federally
7qualified health center may not (i) provide medical forensic
8services to sexual assault survivors 13 years old or older who
9present with a complaint of sexual assault within a minimum of
10the previous 7 days or (ii) who have disclosed past sexual
11assault by a specific individual and were in the care of that
12individual within a minimum of the previous 7 days until the
13Department has approved a treatment plan.
14    If an approved federally qualified health center is not
15open 24 hours a day, 7 days a week, it shall post signage at
16each public entrance to its facility that:
17        (1) is at least 14 inches by 14 inches in size;
18        (2) directs those seeking services as follows: "If
19    closed, call 911 for services or go to the closest
20    hospital emergency department, (insert name) located at
21    (insert address).";
22        (3) lists the approved federally qualified health
23    center's hours of operation;
24        (4) lists the street address of the building;
25        (5) has a black background with white bold capital
26    lettering in a clear and easy to read font that is at least

 

 

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1    72-point type, and with "call 911" in at least 125-point
2    type;
3        (6) is posted clearly and conspicuously on or adjacent
4    to the door at each entrance and, if building materials
5    allow, is posted internally for viewing through glass; if
6    posted externally, the sign shall be made of
7    weather-resistant and theft-resistant materials,
8    non-removable, and adhered permanently to the building;
9    and
10        (7) has lighting that is part of the sign itself or is
11    lit with a dedicated light that fully illuminates the
12    sign; .
13        (8) directs those seeking services as follows: "Call
14    the local rape crisis center for support."; and
15        (9) includes the name and hotline number, available 24
16    hours a day, 7 days a week, of the local rape crisis
17    center.
18    A copy of the proposed sign must be submitted to the
19Department and approved as part of the approved federally
20qualified health center's sexual assault treatment plan.
21    (c) Each treatment hospital, treatment hospital with
22approved pediatric transfer, approved pediatric health care
23facility, and approved federally qualified health center must
24enter into a memorandum of understanding with a rape crisis
25center for medical advocacy services, if these services are
26available to the treatment hospital, treatment hospital with

 

 

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1approved pediatric transfer, approved pediatric health care
2facility, or approved federally qualified health center. With
3the consent of the sexual assault survivor, a rape crisis
4counselor shall remain in the exam room during the collection
5for forensic evidence.
6    (d) Every treatment hospital, treatment hospital with
7approved pediatric transfer, approved pediatric health care
8facility, and approved federally qualified health center's
9sexual assault treatment plan shall include procedures for
10complying with mandatory reporting requirements pursuant to
11(1) the Abused and Neglected Child Reporting Act; (2) the
12Abused and Neglected Long Term Care Facility Residents
13Reporting Act; (3) the Adult Protective Services Act; and (iv)
14the Criminal Identification Act.
15    (e) Each treatment hospital, treatment hospital with
16approved pediatric transfer, approved pediatric health care
17facility, and approved federally qualified health center shall
18submit to the Department every 6 months, in a manner
19prescribed by the Department, the following information:
20        (1) The total number of patients who presented with a
21    complaint of sexual assault.
22        (2) The total number of Illinois Sexual Assault
23    Evidence Collection Kits:
24            (A) offered to (i) all sexual assault survivors
25        and (ii) pediatric sexual assault survivors pursuant
26        to paragraph (1.5) of subsection (a-5) of Section 5-1;

 

 

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1            (B) completed for (i) all sexual assault survivors
2        and (ii) pediatric sexual assault survivors; and
3            (C) declined by (i) all sexual assault survivors
4        and (ii) pediatric sexual assault survivors.
5    This information shall be made available on the
6Department's website.
7    (f) This Section is repealed on December 31, 2023.
8(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;
9102-674, eff. 11-30-21.)
 
10    (410 ILCS 70/5-1)
11    (Section scheduled to be repealed on December 31, 2023)
12    Sec. 5-1. Minimum requirements for medical forensic
13services provided to sexual assault survivors by hospitals,
14approved pediatric health care facilities, and approved
15federally qualified health centers.
16    (a) Every hospital, approved pediatric health care
17facility, and approved federally qualified health center
18providing medical forensic services to sexual assault
19survivors under this Act shall, as minimum requirements for
20such services, provide, with the consent of the sexual assault
21survivor, and as ordered by the attending physician, an
22advanced practice registered nurse, or a physician assistant,
23the services set forth in subsection (a-5).
24    Beginning January 1, 2023, a qualified medical provider
25must provide the services set forth in subsection (a-5).

 

 

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1    (a-5) A treatment hospital, a treatment hospital with
2approved pediatric transfer, or an approved pediatric health
3care facility, or an approved federally qualified health
4center shall provide the following services in accordance with
5subsection (a):
6        (1) Appropriate medical forensic services without
7    delay, in a private, age-appropriate or
8    developmentally-appropriate space, required to ensure the
9    health, safety, and welfare of a sexual assault survivor
10    and which may be used as evidence in a criminal proceeding
11    against a person accused of the sexual assault, in a
12    proceeding under the Juvenile Court Act of 1987, or in an
13    investigation under the Abused and Neglected Child
14    Reporting Act.
15        Records of medical forensic services, including
16    results of examinations and tests, the Illinois State
17    Police Medical Forensic Documentation Forms, the Illinois
18    State Police Patient Discharge Materials, and the Illinois
19    State Police Patient Consent: Collect and Test Evidence or
20    Collect and Hold Evidence Form, shall be maintained by the
21    hospital or approved pediatric health care facility as
22    part of the patient's electronic medical record.
23        Records of medical forensic services of sexual assault
24    survivors under the age of 18 shall be retained by the
25    hospital for a period of 60 years after the sexual assault
26    survivor reaches the age of 18. Records of medical

 

 

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1    forensic services of sexual assault survivors 18 years of
2    age or older shall be retained by the hospital for a period
3    of 20 years after the date the record was created.
4        Records of medical forensic services may only be
5    disseminated in accordance with Section 6.5-1 of this Act
6    and other State and federal law.
7        (1.5) An offer to complete the Illinois Sexual Assault
8    Evidence Collection Kit for any sexual assault survivor
9    who presents within a minimum of the last 7 days of the
10    assault or who has disclosed past sexual assault by a
11    specific individual and was in the care of that individual
12    within a minimum of the last 7 days.
13            (A) Appropriate oral and written information
14        concerning evidence-based guidelines for the
15        appropriateness of evidence collection depending on
16        the sexual development of the sexual assault survivor,
17        the type of sexual assault, and the timing of the
18        sexual assault shall be provided to the sexual assault
19        survivor. Evidence collection is encouraged for
20        prepubescent sexual assault survivors who present to a
21        hospital or approved pediatric health care facility
22        with a complaint of sexual assault within a minimum of
23        96 hours after the sexual assault.
24            Before January 1, 2023, the information required
25        under this subparagraph shall be provided in person by
26        the health care professional providing medical

 

 

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1        forensic services directly to the sexual assault
2        survivor.
3            On and after January 1, 2023, the information
4        required under this subparagraph shall be provided in
5        person by the qualified medical provider providing
6        medical forensic services directly to the sexual
7        assault survivor.
8            The written information provided shall be the
9        information created in accordance with Section 10-1 of
10        this Act.
11            (B) Following the discussion regarding the
12        evidence-based guidelines for evidence collection in
13        accordance with subparagraph (A), evidence collection
14        must be completed at the sexual assault survivor's
15        request. A sexual assault nurse examiner conducting an
16        examination using the Illinois State Police Sexual
17        Assault Evidence Collection Kit may do so without the
18        presence or participation of a physician.
19        (2) Appropriate oral and written information
20    concerning the possibility of infection, sexually
21    transmitted infection, including an evaluation of the
22    sexual assault survivor's risk of contracting human
23    immunodeficiency virus (HIV) from sexual assault, and
24    pregnancy resulting from sexual assault.
25        (3) Appropriate oral and written information
26    concerning accepted medical procedures, laboratory tests,

 

 

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1    medication, and possible contraindications of such
2    medication available for the prevention or treatment of
3    infection or disease resulting from sexual assault.
4        (3.5) After a medical evidentiary or physical
5    examination, access to a shower at no cost, unless
6    showering facilities are unavailable.
7        (4) An amount of medication, including HIV
8    prophylaxis, for treatment at the hospital, or approved
9    pediatric health care facility, or approved federally
10    qualified health center and after discharge as is deemed
11    appropriate by the attending physician, an advanced
12    practice registered nurse, or a physician assistant in
13    accordance with the Centers for Disease Control and
14    Prevention guidelines and consistent with the hospital's
15    or approved pediatric health care facility's current
16    approved protocol for sexual assault survivors.
17        (5) Photo documentation of the sexual assault
18    survivor's injuries, anatomy involved in the assault, or
19    other visible evidence on the sexual assault survivor's
20    body to supplement the medical forensic history and
21    written documentation of physical findings and evidence
22    beginning July 1, 2019. Photo documentation does not
23    replace written documentation of the injury.
24        (6) Written and oral instructions indicating the need
25    for follow-up examinations and laboratory tests after the
26    sexual assault to determine the presence or absence of

 

 

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1    sexually transmitted infection.
2        (7) Referral by hospital, or approved pediatric health
3    care facility, or approved federally qualified health
4    center personnel for appropriate counseling.
5        (8) Medical advocacy services provided by a rape
6    crisis counselor whose communications are protected under
7    Section 8-802.1 of the Code of Civil Procedure, if there
8    is a memorandum of understanding between the hospital, or
9    approved pediatric health care facility, or approved
10    federally qualified health center and a rape crisis
11    center. With the consent of the sexual assault survivor, a
12    rape crisis counselor shall remain in the exam room during
13    the medical forensic examination.
14        (9) Written information regarding services provided by
15    a Children's Advocacy Center and rape crisis center, if
16    applicable.
17        (10) A treatment hospital, a treatment hospital with
18    approved pediatric transfer, an out-of-state hospital as
19    defined in Section 5.4, or an approved pediatric health
20    care facility, or an approved federally qualified health
21    center shall comply with the rules relating to the
22    collection and tracking of sexual assault evidence adopted
23    by the Department of State Police under Section 50 of the
24    Sexual Assault Evidence Submission Act.
25        (11) Written information regarding the Illinois State
26    Police sexual assault evidence tracking system.

 

 

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1    (a-7) By January 1, 2023, every hospital or approved
2federally qualified health center with a treatment plan
3approved by the Department shall employ or contract with a
4qualified medical provider to initiate medical forensic
5services to a sexual assault survivor within 90 minutes of the
6patient presenting to the treatment hospital, or treatment
7hospital with approved pediatric transfer, or approved
8federally qualified health center. The provision of medical
9forensic services by a qualified medical provider shall not
10delay the provision of life-saving medical care.
11    (b) Any person who is a sexual assault survivor who seeks
12medical forensic services or follow-up healthcare under this
13Act shall be provided such services without the consent of any
14parent, guardian, custodian, surrogate, or agent. If a sexual
15assault survivor is unable to consent to medical forensic
16services, the services may be provided under the Consent by
17Minors to Medical Procedures Act, the Health Care Surrogate
18Act, or other applicable State and federal laws.
19    (b-5) Every hospital, approved pediatric health care
20facility, or approved federally qualified health center
21providing medical forensic services to sexual assault
22survivors shall issue a voucher to any sexual assault survivor
23who is eligible to receive one in accordance with Section
245.2-1 of this Act. The hospital, approved pediatric health
25care facility, or approved federally qualified health center
26shall make a copy of the voucher and place it in the medical

 

 

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1record of the sexual assault survivor. The hospital, approved
2pediatric health care facility, or approved federally
3qualified health center shall provide a copy of the voucher to
4the sexual assault survivor after discharge upon request.
5    (c) Nothing in this Section creates a physician-patient
6relationship that extends beyond discharge from the hospital,
7or approved pediatric health care facility, or approved
8federally qualified health center.
9    (d) This Section is repealed on December 31, 2023.
10(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;
11102-674, eff. 11-30-21.)
 
12    (410 ILCS 70/5.4)
13    Sec. 5.4. Out-of-state hospitals.
14    (a) Nothing in this Section shall prohibit the transfer of
15a patient in need of medical services from a hospital that has
16been designated as a trauma center by the Department in
17accordance with Section 3.90 of the Emergency Medical Services
18(EMS) Systems Act.
19    (b) A transfer hospital, treatment hospital with approved
20pediatric transfer, or approved pediatric health care facility
21may transfer a sexual assault survivor to an out-of-state
22hospital that has been designated as a trauma center by the
23Department under Section 3.90 of the Emergency Medical
24Services (EMS) Systems Act if the out-of-state hospital: (1)
25submits an areawide treatment plan approved by the Department;

 

 

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1and (2) has certified the following to the Department in a form
2and manner prescribed by the Department that the out-of-state
3hospital will:
4        (i) consent to the jurisdiction of the Department in
5    accordance with Section 2.06 of this Act;
6        (ii) comply with all requirements of this Act
7    applicable to treatment hospitals, including, but not
8    limited to, offering evidence collection to any Illinois
9    sexual assault survivor who presents with a complaint of
10    sexual assault within a minimum of the last 7 days or who
11    has disclosed past sexual assault by a specific individual
12    and was in the care of that individual within a minimum of
13    the last 7 days and not billing the sexual assault
14    survivor for medical forensic services or 180 90 days of
15    follow-up healthcare;
16        (iii) use an Illinois State Police Sexual Assault
17    Evidence Collection Kit to collect forensic evidence from
18    an Illinois sexual assault survivor;
19        (iv) ensure its staff cooperates with Illinois law
20    enforcement agencies and are responsive to subpoenas
21    issued by Illinois courts; and
22        (v) provide appropriate transportation upon the
23    completion of medical forensic services back to the
24    transfer hospital or treatment hospital with pediatric
25    transfer where the sexual assault survivor initially
26    presented seeking medical forensic services, unless the

 

 

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1    sexual assault survivor chooses to arrange his or her own
2    transportation.
3    (c) Subsection (b) of this Section is inoperative on and
4after January 1, 2024.
5(Source: P.A. 100-775, eff. 1-1-19.)
 
6    (410 ILCS 70/5.5)
7    Sec. 5.5. Minimum reimbursement requirements for follow-up
8healthcare.
9    (a) Every hospital, pediatric health care facility, health
10care professional, laboratory, or pharmacy that provides
11follow-up healthcare to a sexual assault survivor, with the
12consent of the sexual assault survivor and as ordered by the
13attending physician, an advanced practice registered nurse, or
14physician assistant shall be reimbursed for the follow-up
15healthcare services provided. Follow-up healthcare services
16include, but are not limited to, the following:
17        (1) a physical examination;
18        (2) laboratory tests to determine the presence or
19    absence of sexually transmitted infection; and
20        (3) appropriate medications, including HIV
21    prophylaxis, in accordance with the Centers for Disease
22    Control and Prevention's guidelines.
23    (b) Reimbursable follow-up healthcare is limited to office
24visits with a physician, advanced practice registered nurse,
25or physician assistant within 180 90 days after an initial

 

 

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1visit for hospital medical forensic services.
2    (c) Nothing in this Section requires a hospital, pediatric
3health care facility, health care professional, laboratory, or
4pharmacy to provide follow-up healthcare to a sexual assault
5survivor.
6    (d) This Section is effective on and after January 1,
72024.
8(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;
9102-674, eff. 11-30-21.)
 
10    (410 ILCS 70/5.5-1)
11    (Section scheduled to be repealed on December 31, 2023)
12    Sec. 5.5-1. Minimum reimbursement requirements for
13follow-up healthcare.
14    (a) Every hospital, pediatric health care facility,
15federally qualified health center, health care professional,
16laboratory, or pharmacy that provides follow-up healthcare to
17a sexual assault survivor, with the consent of the sexual
18assault survivor and as ordered by the attending physician, an
19advanced practice registered nurse, or physician assistant
20shall be reimbursed for the follow-up healthcare services
21provided. Follow-up healthcare services include, but are not
22limited to, the following:
23        (1) a physical examination;
24        (2) laboratory tests to determine the presence or
25    absence of sexually transmitted infection; and

 

 

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1        (3) appropriate medications, including HIV
2    prophylaxis, in accordance with the Centers for Disease
3    Control and Prevention's guidelines.
4    (b) Reimbursable follow-up healthcare is limited to office
5visits with a physician, advanced practice registered nurse,
6or physician assistant within 180 90 days after an initial
7visit for hospital medical forensic services.
8    (c) Nothing in this Section requires a hospital, pediatric
9health care facility, federally qualified health center,
10health care professional, laboratory, or pharmacy to provide
11follow-up healthcare to a sexual assault survivor.
12    (d) This Section is repealed on December 31, 2023.
13(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;
14102-674, eff. 11-30-21.)
 
15    (410 ILCS 70/7.5)
16    Sec. 7.5. Prohibition on billing sexual assault survivors
17directly for certain services; written notice; billing
18protocols.
19    (a) A hospital, approved pediatric health care facility,
20health care professional, ambulance provider, laboratory,
21approved federally qualified health center, or pharmacy
22furnishing medical forensic services, transportation,
23follow-up healthcare, or medication to a sexual assault
24survivor shall not:
25        (1) charge or submit a bill for any portion of the

 

 

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1    costs of the services, transportation, or medications to
2    the sexual assault survivor, including any insurance
3    deductible, co-pay, co-insurance, denial of claim by an
4    insurer, spenddown, or any other out-of-pocket expense;
5        (2) communicate with, harass, or intimidate the sexual
6    assault survivor for payment of services, including, but
7    not limited to, repeatedly calling or writing to the
8    sexual assault survivor and threatening to refer the
9    matter to a debt collection agency or to an attorney for
10    collection, enforcement, or filing of other process;
11        (3) refer a bill to a collection agency or attorney
12    for collection action against the sexual assault survivor;
13        (4) contact or distribute information to affect the
14    sexual assault survivor's credit rating; or
15        (5) take any other action adverse to the sexual
16    assault survivor or his or her family on account of
17    providing services to the sexual assault survivor.
18    (a-5) Notwithstanding any other provision of law,
19including, but not limited to, subsection (a), a sexual
20assault survivor who is not the subscriber or primary
21policyholder of the sexual assault survivor's insurance policy
22may opt out of billing the sexual assault survivor's private
23insurance provider. If the sexual assault survivor opts out of
24billing the sexual assault survivor's private insurance
25provider, then the bill for medical forensic services shall be
26sent to the Department of Healthcare and Family Services'

 

 

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1Sexual Assault Emergency Treatment Program for reimbursement
2for the services provided to the sexual assault survivor.
3    (b) Nothing in this Section precludes a hospital, health
4care provider, ambulance provider, laboratory, approved
5federally qualified health center, or pharmacy from billing
6the sexual assault survivor or any applicable health insurance
7or coverage for inpatient services.
8    (c) Every hospital and approved pediatric health care
9facility providing treatment services to sexual assault
10survivors in accordance with a plan approved under Section 2
11of this Act shall provide a written notice to a sexual assault
12survivor. The written notice must include, but is not limited
13to, the following:
14        (1) a statement that the sexual assault survivor
15    should not be directly billed by any ambulance provider
16    providing transportation services, or by any hospital,
17    approved pediatric health care facility, health care
18    professional, laboratory, or pharmacy for the services the
19    sexual assault survivor received as an outpatient at the
20    hospital or approved pediatric health care facility;
21        (2) a statement that a sexual assault survivor who is
22    admitted to a hospital may be billed for inpatient
23    services provided by a hospital, health care professional,
24    laboratory, or pharmacy;
25        (3) a statement that prior to leaving the hospital or
26    approved pediatric health care facility, the hospital or

 

 

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1    approved pediatric health care facility will give the
2    sexual assault survivor a sexual assault services voucher
3    for follow-up healthcare if the sexual assault survivor is
4    eligible to receive a sexual assault services voucher;
5        (4) the definition of "follow-up healthcare" as set
6    forth in Section 1a of this Act;
7        (5) a phone number the sexual assault survivor may
8    call should the sexual assault survivor receive a bill
9    from the hospital or approved pediatric health care
10    facility for medical forensic services;
11        (6) the toll-free phone number of the Office of the
12    Illinois Attorney General, which the sexual assault
13    survivor may call should the sexual assault survivor
14    receive a bill from an ambulance provider, approved
15    pediatric health care facility, a health care
16    professional, a laboratory, or a pharmacy.
17    This subsection (c) shall not apply to hospitals that
18provide transfer services as defined under Section 1a of this
19Act.
20    (d) Within 60 days after the effective date of this
21amendatory Act of the 99th General Assembly, every health care
22professional, except for those employed by a hospital or
23hospital affiliate, as defined in the Hospital Licensing Act,
24or those employed by a hospital operated under the University
25of Illinois Hospital Act, who bills separately for medical or
26forensic services must develop a billing protocol that ensures

 

 

SB3023 Engrossed- 43 -LRB102 22896 CPF 32049 b

1that no survivor of sexual assault will be sent a bill for any
2medical forensic services and submit the billing protocol to
3the Office of the Attorney General for approval. Within 60
4days after the commencement of the provision of medical
5forensic services, every health care professional, except for
6those employed by a hospital or hospital affiliate, as defined
7in the Hospital Licensing Act, or those employed by a hospital
8operated under the University of Illinois Hospital Act, who
9bills separately for medical or forensic services must develop
10a billing protocol that ensures that no survivor of sexual
11assault is sent a bill for any medical forensic services and
12submit the billing protocol to the Attorney General for
13approval. Health care professionals who bill as a legal entity
14may submit a single billing protocol for the billing entity.
15    Within 60 days after the Department's approval of a
16treatment plan, an approved pediatric health care facility and
17any health care professional employed by an approved pediatric
18health care facility must develop a billing protocol that
19ensures that no survivor of sexual assault is sent a bill for
20any medical forensic services and submit the billing protocol
21to the Office of the Attorney General for approval.
22     The billing protocol must include at a minimum:
23        (1) a description of training for persons who prepare
24    bills for medical and forensic services;
25        (2) a written acknowledgement signed by a person who
26    has completed the training that the person will not bill

 

 

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

 

 

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1protocol addressing the deficiencies to the Office of the
2Attorney General. The health care professional or approved
3pediatric health care facility shall implement the protocol
4upon approval by the Office of the Attorney General.
5    The health care professional or approved pediatric health
6care facility shall submit any proposed revision to or
7modification of an approved billing protocol to the Office of
8the Attorney General for approval. The health care
9professional or approved pediatric health care facility shall
10implement the revised or modified billing protocol upon
11approval by the Office of the Illinois Attorney General.
12    (e) This Section is effective on and after January 1,
132024.
14(Source: P.A. 101-634, eff. 6-5-20; 101-652, eff. 7-1-21;
15102-22, eff. 6-25-21; 102-674, eff. 11-30-21.)
 
16    (410 ILCS 70/9.5)
17    (Section scheduled to be repealed on January 1, 2024)
18    Sec. 9.5. Sexual Assault Medical Forensic Services
19Implementation Task Force.
20    (a) The Sexual Assault Medical Forensic Services
21Implementation Task Force is created to assist hospitals and
22approved pediatric health care facilities with the
23implementation of the changes made by this amendatory Act of
24the l00th General Assembly. The Task Force shall consist of
25the following members, who shall serve without compensation:

 

 

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1        (1) one member of the Senate appointed by the
2    President of the Senate, who may designate an alternate
3    member;
4        (2) one member of the Senate appointed by the Minority
5    Leader of the Senate, who may designate an alternate
6    member;
7        (3) one member of the House of Representatives
8    appointed by the Speaker of the House of Representatives,
9    who may designate an alternate member;
10        (4) one member of the House of Representatives
11    appointed by the Minority Leader of the House of
12    Representatives, who may designate an alternate member;
13        (5) two members representing the Office of the
14    Attorney General appointed by the Attorney General, one of
15    whom shall be the Sexual Assault Nurse Examiner
16    Coordinator for the State of Illinois;
17        (6) one member representing the Department of Public
18    Health appointed by the Director of Public Health;
19        (7) one member representing the Illinois State Police
20    appointed by the Director of the Illinois State Police;
21        (8) one member representing the Department of
22    Healthcare and Family Services appointed by the Director
23    of Healthcare and Family Services;
24        (9) six members representing hospitals appointed by
25    the head of a statewide organization representing the
26    interests of hospitals in Illinois, at least one of whom

 

 

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

 

 

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1    adult/adolescent sexual assault nurse examiners;
2        (15) one member representing State's Attorneys
3    appointed by the head of a statewide organization
4    representing the interests of State's Attorneys in
5    Illinois;
6        (16) three members representing sexual assault
7    survivors appointed by the head of a statewide
8    organization representing the interests of sexual assault
9    survivors and rape crisis centers, at least one of whom
10    shall represent rural rape crisis centers and at least one
11    of whom shall represent urban rape crisis centers; and
12        (17) one member representing children's advocacy
13    centers appointed by the head of a statewide organization
14    representing the interests of children's advocacy centers
15    in Illinois; and .
16        (18) one member representing approved federally
17    qualified health centers appointed by the Director of
18    Public Health.
19    The members representing the Office of the Attorney
20General and the Department of Public Health shall serve as
21co-chairpersons of the Task Force. The Office of the Attorney
22General shall provide administrative and other support to the
23Task Force.
24    (b) The first meeting of the Task Force shall be called by
25the co-chairpersons no later than 90 days after the effective
26date of this Section.

 

 

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1    (c) The goals of the Task Force shall include, but not be
2limited to, the following:
3        (1) to facilitate the development of areawide
4    treatment plans among hospitals and pediatric health care
5    facilities;
6        (2) to facilitate the development of on-call systems
7    of qualified medical providers and assist hospitals with
8    the development of plans to employ or contract with a
9    qualified medical provider to initiate medical forensic
10    services to a sexual assault survivor within 90 minutes of
11    the patient presenting to the hospital as required in
12    subsection (a-7) of Section 5;
13        (3) to identify photography and storage options for
14    hospitals to comply with the photo documentation
15    requirements in Sections 5 and 5.1;
16        (4) to develop a model written agreement for use by
17    rape crisis centers, hospitals, and approved pediatric
18    health care facilities with sexual assault treatment plans
19    to comply with subsection (c) of Section 2;
20        (5) to develop and distribute educational information
21    regarding the implementation of this Act to hospitals,
22    health care providers, rape crisis centers, children's
23    advocacy centers, State's Attorney's offices;
24        (6) to examine the role of telemedicine in the
25    provision of medical forensic services under this Act and
26    to develop recommendations for statutory change and

 

 

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1    standards and procedures for the use of telemedicine to be
2    adopted by the Department;
3        (7) to seek inclusion of the International Association
4    of Forensic Nurses Sexual Assault Nurse Examiner Education
5    Guidelines for nurses within the registered nurse training
6    curriculum in Illinois nursing programs and the American
7    College of Emergency Physicians Management of the Patient
8    with the Complaint of Sexual Assault for emergency
9    physicians within the Illinois residency training
10    curriculum for emergency physicians; and
11        (8) to submit a report to the General Assembly by
12    January 1, 2024 2023 regarding the status of
13    implementation of this amendatory Act of the 100th General
14    Assembly, including, but not limited to, the impact of
15    transfers to out-of-state hospitals on sexual assault
16    survivors and the availability of treatment hospitals in
17    Illinois. The report shall also cover the impact of
18    medical forensic services provided at approved federally
19    qualified health centers on sexual assault survivors. The ;
20    the report to the General Assembly shall be filed with the
21    Clerk of the House of Representatives and the Secretary of
22    the Senate in electronic form only, in the manner that the
23    Clerk and the Secretary shall direct.
24    (d) This Section is repealed on January 1, 2025 2024.
25(Source: P.A. 102-538, eff. 8-20-21.)