SB3023ham001 102ND GENERAL ASSEMBLY

Rep. Kelly M. Cassidy

Filed: 3/21/2022

 

 


 

 


 
10200SB3023ham001LRB102 22896 CPF 37787 a

1
AMENDMENT TO SENATE BILL 3023

2    AMENDMENT NO. ______. Amend Senate Bill 3023 by replacing
3everything after the enacting clause with the following:
 
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, 7.5-1, 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

 

 

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1care facility, other than a hospital, with a sexual assault
2treatment plan approved by the Department to provide medical
3forensic services to pediatric sexual assault survivors who
4present with a complaint of sexual assault within a minimum of
5the last 7 days or who have disclosed past sexual assault by a
6specific individual and were in the care of that individual
7within a minimum of the last 7 days.
8    "Areawide sexual assault treatment plan" means a plan,
9developed by hospitals or by hospitals and approved pediatric
10health care facilities in a community or area to be served,
11which provides 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    "Follow-up healthcare" means healthcare services related
2to a sexual assault, including laboratory services and
3pharmacy services, rendered within 180 90 days of the initial
4visit for medical forensic services.
5    "Health care professional" means a physician, a physician
6assistant, a sexual assault forensic examiner, an advanced
7practice registered nurse, a registered professional nurse, a
8licensed practical nurse, or a sexual assault nurse examiner.
9    "Hospital" means a hospital licensed under the Hospital
10Licensing Act or operated under the University of Illinois
11Hospital Act, any outpatient center included in the hospital's
12sexual assault treatment plan where hospital employees provide
13medical forensic services, and an out-of-state hospital that
14has consented to the jurisdiction of the Department under
15Section 2.06.
16    "Illinois State Police Sexual Assault Evidence Collection
17Kit" means a prepackaged set of materials and forms to be used
18for the collection of evidence relating to sexual assault. The
19standardized evidence collection kit for the State of Illinois
20shall be the Illinois State Police Sexual Assault Evidence
21Collection Kit.
22    "Law enforcement agency having jurisdiction" means the law
23enforcement agency in the jurisdiction where an alleged sexual
24assault or sexual abuse occurred.
25    "Licensed practical nurse" has the meaning provided in
26Section 50-10 of the Nurse Practice Act.

 

 

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1    "Medical forensic services" means health care delivered to
2patients within or under the care and supervision of personnel
3working in a designated emergency department of a hospital or
4an approved pediatric health care facility. "Medical forensic
5services" includes, but is not limited to, taking a medical
6history, performing photo documentation, performing a physical
7and anogenital examination, assessing the patient for evidence
8collection, collecting evidence in accordance with a statewide
9sexual assault evidence collection program administered by the
10Illinois State Police using the Illinois State Police Sexual
11Assault Evidence Collection Kit, if appropriate, assessing the
12patient for drug-facilitated or alcohol-facilitated sexual
13assault, providing an evaluation of and care for sexually
14transmitted infection and human immunodeficiency virus (HIV),
15pregnancy risk evaluation and care, and discharge and
16follow-up healthcare planning.
17    "Pediatric health care facility" means a clinic or
18physician's office that provides medical services to pediatric
19patients.
20    "Pediatric sexual assault survivor" means a person under
21the age of 13 who presents for medical forensic services in
22relation to injuries or trauma resulting from a sexual
23assault.
24    "Photo documentation" means digital photographs or
25colposcope videos stored and backed up securely in the
26original file format.

 

 

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1    "Physician" means a person licensed to practice medicine
2in all its branches.
3    "Physician assistant" has the meaning provided in Section
44 of the Physician Assistant Practice Act of 1987.
5    "Prepubescent sexual assault survivor" means a female who
6is under the age of 18 years and has not had a first menstrual
7cycle or a male who is under the age of 18 years and has not
8started to develop secondary sex characteristics who presents
9for medical forensic services in relation to injuries or
10trauma resulting from a sexual assault.
11    "Qualified medical provider" means a board-certified child
12abuse pediatrician, board-eligible child abuse pediatrician, a
13sexual assault forensic examiner, or a sexual assault nurse
14examiner who has access to photo documentation tools, and who
15participates in peer review.
16    "Registered Professional Nurse" has the meaning provided
17in Section 50-10 of the Nurse Practice Act.
18    "Sexual assault" means:
19        (1) an act of sexual conduct; as used in this
20    paragraph, "sexual conduct" has the meaning provided under
21    Section 11-0.1 of the Criminal Code of 2012; or
22        (2) any act of sexual penetration; as used in this
23    paragraph, "sexual penetration" has the meaning provided
24    under Section 11-0.1 of the Criminal Code of 2012 and
25    includes, without limitation, acts prohibited under
26    Sections 11-1.20 through 11-1.60 of the Criminal Code of

 

 

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1    2012.
2    "Sexual assault forensic examiner" means a physician or
3physician assistant who has completed training that meets or
4is substantially similar to the Sexual Assault Nurse Examiner
5Education Guidelines established by the International
6Association of Forensic Nurses.
7    "Sexual assault nurse examiner" means an advanced practice
8registered nurse or registered professional nurse who has
9completed a sexual assault nurse examiner training program
10that meets the Sexual Assault Nurse Examiner Education
11Guidelines established by the International Association of
12Forensic Nurses.
13    "Sexual assault services voucher" means a document
14generated by a hospital or approved pediatric health care
15facility at the time the sexual assault survivor receives
16outpatient medical forensic services that may be used to seek
17payment for any ambulance services, medical forensic services,
18laboratory services, pharmacy services, and follow-up
19healthcare provided as a result of the sexual assault.
20    "Sexual assault survivor" means a person who presents for
21medical forensic services in relation to injuries or trauma
22resulting from a sexual assault.
23    "Sexual assault transfer plan" means a written plan
24developed by a hospital and approved by the Department, which
25describes the hospital's procedures for transferring sexual
26assault survivors to another hospital, and an approved

 

 

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

 

 

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1Department to provide medical forensic services to sexual
2assault survivors 13 years old or older who present with a
3complaint of sexual assault within a minimum of the last 7 days
4or who have disclosed past sexual assault by a specific
5individual and were in the care of that individual within a
6minimum of the last 7 days.
7    (b) This Section is effective on and after January 1, 2024
82022.
9(Source: P.A. 101-81, eff. 7-12-19; 101-634, eff. 6-5-20;
10102-22, eff. 6-25-21; 102-538, eff. 8-20-21; 102-674, eff.
1111-30-21; revised 12-16-21.)
 
12    (410 ILCS 70/1a-1)
13    (Section scheduled to be repealed on December 31, 2023)
14    Sec. 1a-1. Definitions.
15    (a) In this Act:
16    "Advanced practice registered nurse" has the meaning
17provided in Section 50-10 of the Nurse Practice Act.
18    "Ambulance provider" means an individual or entity that
19owns and operates a business or service using ambulances or
20emergency medical services vehicles to transport emergency
21patients.
22    "Approved pediatric health care facility" means a health
23care facility, other than a hospital, with a sexual assault
24treatment plan approved by the Department to provide medical
25forensic services to pediatric 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    "Approved federally qualified health center" means a
6facility as defined in Section 1905(l)(2)(B) of the federal
7Social Security Act with a sexual assault treatment plan
8approved by the Department to provide medical forensic
9services to sexual assault survivors 13 years old or older who
10present with a complaint of sexual assault within a minimum of
11the last 7 days or who have disclosed past sexual assault by a
12specific individual and were in the care of that individual
13within a minimum of the last 7 days.
14    "Areawide sexual assault treatment plan" means a plan,
15developed by hospitals or by hospitals, approved pediatric
16health care facilities, and approved federally qualified
17health centers in a community or area to be served, which
18provides for medical forensic services to sexual assault
19survivors that shall be made available by each of the
20participating hospitals and approved pediatric health care
21facilities.
22    "Board-certified child abuse pediatrician" means a
23physician certified by the American Board of Pediatrics in
24child abuse pediatrics.
25    "Board-eligible child abuse pediatrician" means a
26physician who has completed the requirements set forth by the

 

 

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1American Board of Pediatrics to take the examination for
2certification in child abuse pediatrics.
3    "Department" means the Department of Public Health.
4    "Emergency contraception" means medication as approved by
5the federal Food and Drug Administration (FDA) that can
6significantly reduce the risk of pregnancy if taken within 72
7hours after sexual assault.
8    "Federally qualified health center" means a facility as
9defined in Section 1905(l)(2)(B) of the federal Social
10Security Act that provides primary care or sexual health
11services.
12    "Follow-up healthcare" means healthcare services related
13to a sexual assault, including laboratory services and
14pharmacy services, rendered within 180 90 days of the initial
15visit for medical forensic services.
16    "Health care professional" means a physician, a physician
17assistant, a sexual assault forensic examiner, an advanced
18practice registered nurse, a registered professional nurse, a
19licensed practical nurse, or a sexual assault nurse examiner.
20    "Hospital" means a hospital licensed under the Hospital
21Licensing Act or operated under the University of Illinois
22Hospital Act, any outpatient center included in the hospital's
23sexual assault treatment plan where hospital employees provide
24medical forensic services, and an out-of-state hospital that
25has consented to the jurisdiction of the Department under
26Section 2.06-1.

 

 

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1    "Illinois State Police Sexual Assault Evidence Collection
2Kit" means a prepackaged set of materials and forms to be used
3for the collection of evidence relating to sexual assault. The
4standardized evidence collection kit for the State of Illinois
5shall be the Illinois State Police Sexual Assault Evidence
6Collection Kit.
7    "Law enforcement agency having jurisdiction" means the law
8enforcement agency in the jurisdiction where an alleged sexual
9assault or sexual abuse occurred.
10    "Licensed practical nurse" has the meaning provided in
11Section 50-10 of the Nurse Practice Act.
12    "Medical forensic services" means health care delivered to
13patients within or under the care and supervision of personnel
14working in a designated emergency department of a hospital,
15approved pediatric health care facility, or an approved
16federally qualified health centers.
17    "Medical forensic services" includes, but is not limited
18to, taking a medical history, performing photo documentation,
19performing a physical and anogenital examination, assessing
20the patient for evidence collection, collecting evidence in
21accordance with a statewide sexual assault evidence collection
22program administered by the Department of State Police using
23the Illinois State Police Sexual Assault Evidence Collection
24Kit, if appropriate, assessing the patient for
25drug-facilitated or alcohol-facilitated sexual assault,
26providing an evaluation of and care for sexually transmitted

 

 

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1infection and human immunodeficiency virus (HIV), pregnancy
2risk evaluation and care, and discharge and follow-up
3healthcare planning.
4    "Pediatric health care facility" means a clinic or
5physician's office that provides medical services to pediatric
6patients.
7    "Pediatric sexual assault survivor" means a person under
8the age of 13 who presents for medical forensic services in
9relation to injuries or trauma resulting from a sexual
10assault.
11    "Photo documentation" means digital photographs or
12colposcope videos stored and backed up securely in the
13original file format.
14    "Physician" means a person licensed to practice medicine
15in all its branches.
16    "Physician assistant" has the meaning provided in Section
174 of the Physician Assistant Practice Act of 1987.
18    "Prepubescent sexual assault survivor" means a female who
19is under the age of 18 years and has not had a first menstrual
20cycle or a male who is under the age of 18 years and has not
21started to develop secondary sex characteristics who presents
22for medical forensic services in relation to injuries or
23trauma resulting from a sexual assault.
24    "Qualified medical provider" means a board-certified child
25abuse pediatrician, board-eligible child abuse pediatrician, a
26sexual assault forensic examiner, or a sexual assault nurse

 

 

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

 

 

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1generated by a hospital or approved pediatric health care
2facility at the time the sexual assault survivor receives
3outpatient medical forensic services that may be used to seek
4payment for any ambulance services, medical forensic services,
5laboratory services, pharmacy services, and follow-up
6healthcare provided as a result of the sexual assault.
7    "Sexual assault survivor" means a person who presents for
8medical forensic services in relation to injuries or trauma
9resulting from a sexual assault.
10    "Sexual assault transfer plan" means a written plan
11developed by a hospital and approved by the Department, which
12describes the hospital's procedures for transferring sexual
13assault survivors to another hospital, and an approved
14pediatric health care facility, if applicable, in order to
15receive medical forensic services.
16    "Sexual assault treatment plan" means a written plan that
17describes the procedures and protocols for providing medical
18forensic services to sexual assault survivors who present
19themselves for such services, either directly or through
20transfer from a hospital or an approved pediatric health care
21facility.
22    "Transfer hospital" means a hospital with a sexual assault
23transfer plan approved by the Department.
24    "Transfer services" means the appropriate medical
25screening examination and necessary stabilizing treatment
26prior to the transfer of a sexual assault survivor to a

 

 

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1hospital or an approved pediatric health care facility that
2provides medical forensic services to sexual assault survivors
3pursuant to a sexual assault treatment plan or areawide sexual
4assault treatment plan.
5    "Treatment hospital" means a hospital with a sexual
6assault treatment plan approved by the Department to provide
7medical forensic services to all sexual assault survivors who
8present with a complaint of sexual assault within a minimum of
9the last 7 days or who have disclosed past sexual assault by a
10specific individual and were in the care of that individual
11within a minimum of the last 7 days.
12    "Treatment hospital with approved pediatric transfer"
13means a hospital with a treatment plan approved by the
14Department to provide medical forensic services to sexual
15assault survivors 13 years old or older who present with a
16complaint of sexual assault within a minimum of the last 7 days
17or who have disclosed past sexual assault by a specific
18individual and were in the care of that individual within a
19minimum of the last 7 days.
20    (b) This Section is repealed on December 31, 2023.
21(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;
22102-674, eff. 11-30-21.)
 
23    (410 ILCS 70/2-1)
24    (Section scheduled to be repealed on December 31, 2023)
25    Sec. 2-1. Hospital, approved pediatric health care

 

 

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1facility, and approved federally qualified health center
2requirements for sexual assault plans.
3    (a) Every hospital required to be licensed by the
4Department pursuant to the Hospital Licensing Act, or operated
5under the University of Illinois Hospital Act that provides
6general medical and surgical hospital services shall provide
7either (i) transfer services to all sexual assault survivors,
8(ii) medical forensic services to all sexual assault
9survivors, or (iii) transfer services to pediatric sexual
10assault survivors and medical forensic services to sexual
11assault survivors 13 years old or older, in accordance with
12rules adopted by the Department.
13    In addition, every such hospital, regardless of whether or
14not a request is made for reimbursement, shall submit to the
15Department a plan to provide either (i) transfer services to
16all sexual assault survivors, (ii) medical forensic services
17to all sexual assault survivors, or (iii) transfer services to
18pediatric sexual assault survivors and medical forensic
19services to sexual assault survivors 13 years old or older.
20The Department shall approve such plan for either (i) transfer
21services to all sexual assault survivors, (ii) medical
22forensic services to all sexual assault survivors, or (iii)
23transfer services to pediatric sexual assault survivors and
24medical forensic services to sexual assault survivors 13 years
25old or older, if it finds that the implementation of the
26proposed plan would provide (i) transfer services or (ii)

 

 

10200SB3023ham001- 17 -LRB102 22896 CPF 37787 a

1medical forensic services for sexual assault survivors in
2accordance with the requirements of this Act and provide
3sufficient protections from the risk of pregnancy to sexual
4assault survivors. Notwithstanding anything to the contrary in
5this paragraph, the Department may approve a sexual assault
6transfer plan for the provision of medical forensic services
7if:
8        (1) a treatment hospital with approved pediatric
9    transfer has agreed, as part of an areawide treatment
10    plan, to accept sexual assault survivors 13 years of age
11    or older from the proposed transfer hospital, if the
12    treatment hospital with approved pediatric transfer is
13    geographically closer to the transfer hospital than a
14    treatment hospital or another treatment hospital with
15    approved pediatric transfer and such transfer is not
16    unduly burdensome on the sexual assault survivor; and
17        (2) a treatment hospital has agreed, as a part of an
18    areawide treatment plan, to accept sexual assault
19    survivors under 13 years of age from the proposed transfer
20    hospital and transfer to the treatment hospital would not
21    unduly burden the sexual assault survivor.
22    The Department may not approve a sexual assault transfer
23plan unless a treatment hospital has agreed, as a part of an
24areawide treatment plan, to accept sexual assault survivors
25from the proposed transfer hospital and a transfer to the
26treatment hospital would not unduly burden the sexual assault

 

 

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1survivor.
2    In counties with a population of less than 1,000,000, the
3Department may not approve a sexual assault transfer plan for
4a hospital located within a 20-mile radius of a 4-year public
5university, not including community colleges, unless there is
6a treatment hospital with a sexual assault treatment plan
7approved by the Department within a 20-mile radius of the
84-year public university.
9    A transfer must be in accordance with federal and State
10laws and local ordinances.
11    A treatment hospital with approved pediatric transfer must
12submit an areawide treatment plan under Section 3-1 of this
13Act that includes a written agreement with a treatment
14hospital stating that the treatment hospital will provide
15medical forensic services to pediatric sexual assault
16survivors transferred from the treatment hospital with
17approved pediatric transfer. The areawide treatment plan may
18also include an approved pediatric health care facility.
19    A transfer hospital must submit an areawide treatment plan
20under Section 3-1 of this Act that includes a written
21agreement with a treatment hospital stating that the treatment
22hospital will provide medical forensic services to all sexual
23assault survivors transferred from the transfer hospital. The
24areawide treatment plan may also include an approved pediatric
25health care facility. Notwithstanding anything to the contrary
26in this paragraph, the areawide treatment plan may include a

 

 

10200SB3023ham001- 19 -LRB102 22896 CPF 37787 a

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

 

 

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1subsection (a-7) of Section 5-1, whichever occurs first.
2    After July 1, 2020 or once a treatment hospital or a
3treatment hospital with approved pediatric transfer certifies
4compliance with subsection (a-7) of Section 5-1, whichever
5occurs first, each treatment hospital and treatment hospital
6with approved pediatric transfer shall ensure that emergency
7department attending physicians, physician assistants,
8advanced practice registered nurses, and registered
9professional nurses providing clinical services, who do not
10meet the definition of a qualified medical provider in Section
111a-1 of this Act, receive a minimum of 2 hours of continuing
12education on responding to sexual assault survivors every 2
13years. Protocols for training shall be included in the
14hospital's sexual assault treatment plan.
15    Sexual assault training provided under this subsection may
16be provided in person or online and shall include, but not be
17limited to:
18        (1) information provided on the provision of medical
19    forensic services;
20        (2) information on the use of the Illinois Sexual
21    Assault Evidence Collection Kit;
22        (3) information on sexual assault epidemiology,
23    neurobiology of trauma, drug-facilitated sexual assault,
24    child sexual abuse, and Illinois sexual assault-related
25    laws; and
26        (4) information on the hospital's sexual

 

 

10200SB3023ham001- 21 -LRB102 22896 CPF 37787 a

1    assault-related policies and procedures.
2    The online training made available by the Office of the
3Attorney General under subsection (b) of Section 10-1 may be
4used to comply with this subsection.
5    (b) An approved pediatric health care facility may provide
6medical forensic services, in accordance with rules adopted by
7the Department, to all pediatric sexual assault survivors who
8present for medical forensic services in relation to injuries
9or trauma resulting from a sexual assault. These services
10shall be provided by a qualified medical provider.
11    A pediatric health care facility must participate in or
12submit an areawide treatment plan under Section 3-1 of this
13Act that includes a treatment hospital. If a pediatric health
14care facility does not provide certain medical or surgical
15services that are provided by hospitals, the areawide sexual
16assault treatment plan must include a procedure for ensuring a
17sexual assault survivor in need of such medical or surgical
18services receives the services at the treatment hospital. The
19areawide treatment plan may also include a treatment hospital
20with approved pediatric transfer.
21    The Department shall review a proposed sexual assault
22treatment plan submitted by a pediatric health care facility
23within 60 days after receipt of the plan. If the Department
24finds that the proposed plan meets the minimum requirements
25set forth in Section 5-1 of this Act and that implementation of
26the proposed plan would provide medical forensic services for

 

 

10200SB3023ham001- 22 -LRB102 22896 CPF 37787 a

1pediatric sexual assault survivors, then the Department shall
2approve the plan. If the Department does not approve a plan,
3then the Department shall notify the pediatric health care
4facility that the proposed plan has not been approved. The
5pediatric health care facility shall have 30 days to submit a
6revised plan. The Department shall review the revised plan
7within 30 days after receipt of the plan and notify the
8pediatric health care facility whether the revised plan is
9approved or rejected. A pediatric health care facility may not
10provide medical forensic services to pediatric sexual assault
11survivors who present with a complaint of sexual assault
12within a minimum of the last 7 days or who have disclosed past
13sexual assault by a specific individual and were in the care of
14that individual within a minimum of the last 7 days until the
15Department has approved a treatment plan.
16    If an approved pediatric health care facility is not open
1724 hours a day, 7 days a week, it shall post signage at each
18public entrance to its facility that:
19        (1) is at least 14 inches by 14 inches in size;
20        (2) directs those seeking services as follows: "If
21    closed, call 911 for services or go to the closest
22    hospital emergency department, (insert name) located at
23    (insert address).";
24        (3) lists the approved pediatric health care
25    facility's hours of operation;
26        (4) lists the street address of the building;

 

 

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1        (5) has a black background with white bold capital
2    lettering in a clear and easy to read font that is at least
3    72-point type, and with "call 911" in at least 125-point
4    type;
5        (6) is posted clearly and conspicuously on or adjacent
6    to the door at each entrance and, if building materials
7    allow, is posted internally for viewing through glass; if
8    posted externally, the sign shall be made of
9    weather-resistant and theft-resistant materials,
10    non-removable, and adhered permanently to the building;
11    and
12        (7) has lighting that is part of the sign itself or is
13    lit with a dedicated light that fully illuminates the
14    sign.
15    (b-5) An approved federally qualified health center may
16provide medical forensic services, in accordance with rules
17adopted by the Department, to all sexual assault survivors 13
18years old or older who present for medical forensic services
19in relation to injuries or trauma resulting from a sexual
20assault during the duration, and 90 days thereafter, of a
21proclamation issued by the Governor declaring a disaster, or a
22successive proclamation regarding the same disaster, in all
23102 counties due to a public health emergency. These services
24must be available on-site during an approved federally
25qualified health center's hours of operation and shall be
26provided by (i) a qualified medical provider, physician,

 

 

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1physician assistant, or advanced practice registered nurse who
2has received a minimum of 10 hours of sexual assault training
3provided by a qualified medical provider on current Illinois
4legislation, how to properly perform a medical forensic
5examination, evidence collection, drug and alcohol facilitated
6sexual assault, and forensic photography and has all
7documentation and photos peer reviewed by a qualified medical
8provider or (ii) until the federally qualified health care
9center certifies to the Department, in a form and manner
10prescribed by the Department, that it employs or contracts
11with a qualified medical provider in accordance with
12subsection (a-7) of Section 5-1, whichever occurs first. If
13the treatment plan is terminated, the federally qualified
14health center must submit to the Department for approval,
15before providing medical forensic services, a new treatment
16plan and a list of qualified medical providers to ensure
17coverage for the days and hours of operation.
18    A federally qualified health center must employ a Sexual
19Assault Nurse Examiner Coordinator who is a qualified medical
20provider and a Medical Director who is a qualified medical
21provider.
22    A federally qualified health center must participate in or
23submit an areawide treatment plan under Section 3-1 of this
24Act that includes a treatment hospital. If a federally
25qualified health center does not provide certain medical or
26surgical services that are provided by hospitals, the areawide

 

 

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1sexual assault treatment plan must include a procedure for
2ensuring a sexual assault survivor in need of such medical or
3surgical services receives the services at the treatment
4hospital. The areawide treatment plan may also include a
5treatment hospital with approved pediatric transfer or an
6approved pediatric health care facility. An approved federally
7qualified health center must report each instance that a
8sexual assault survivor is transferred to a treatment
9hospital, treatment hospital with approved pediatric transfer,
10or an approved pediatric health care facility to the
11Department within 24 hours of the transfer, in a form and
12manner prescribed by the Department, including the reason for
13the transfer.
14    The Department shall review a proposed sexual assault
15treatment plan submitted by a federally qualified health
16center within 14 days after receipt of the plan. The If the
17Department shall approve the proposed sexual assault treatment
18plan if it finds that the proposed plan:
19        (1) meets the minimum requirements set forth in
20    Section 5-1;
21        (2) and that implementation of the proposed plan would
22    provide medical forensic services for sexual assault
23    survivors 13 years old or older on-site during the
24    approved federally qualified health center's hours of
25    operation; and
26        (3) includes an emergency protocol for sexual assault

 

 

10200SB3023ham001- 26 -LRB102 22896 CPF 37787 a

1    survivors 13 years old or older to be transferred to a
2    treatment hospital or treatment hospital with approved
3    pediatric transfer to receive medical forensic services if
4    medical forensic services are not available by a qualified
5    medical provider during the approved federally qualified
6    health center's hours of operation, as required , then the
7    Department shall approve the plan.
8    The Department shall not approve sexual assault treatment
9plans for more than 6 federally qualified health centers,
10which must be located in geographically diverse areas of the
11State. If the Department does not approve a plan, then the
12Department shall notify the federally qualified health center
13that the proposed plan has not been approved. The federally
14qualified health center shall have 14 days to submit a revised
15plan. The Department shall review the revised plan within 14
16days after receipt of the plan and notify the federally
17qualified health center whether the revised plan is approved
18or rejected. A federally qualified health center may not (i)
19provide medical forensic services to sexual assault survivors
2013 years old or older who present with a complaint of sexual
21assault within a minimum of the previous 7 days or (ii) who
22have disclosed past sexual assault by a specific individual
23and were in the care of that individual within a minimum of the
24previous 7 days until the Department has approved a treatment
25plan.
26    Each approved federally qualified health center shall

 

 

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1ensure that any physician, physician assistant, advanced
2practice registered nurse, or registered professional nurse
3who (i) provides clinical services to sexual assault survivors
4and (ii) does not meet the definition of a qualified medical
5provider under Section 1a-1 receives (A) a minimum of 2 hours
6of sexual assault training within 6 months after the effective
7date of this amendatory Act of the 102nd General Assembly or
8within 6 months after beginning employment, whichever is
9later, and (B) a minimum of 2 hours of continuing education on
10responding to sexual assault survivors every 2 years.
11Protocols for training shall be included in the approved
12federally qualified health center's sexual assault treatment
13plan. Sexual assault training provided under this paragraph
14may be provided in person or online and shall include, but not
15be limited to:
16        (1) information provided on the provision of medical
17    forensic services;
18        (2) information on the use of the Illinois Sexual
19    Assault Evidence Collection Kit;
20        (3) information on sexual assault epidemiology,
21    neurobiology of trauma, drug-facilitated sexual assault,
22    child sexual abuse, and Illinois sexual assault-related
23    laws; and
24        (4) information on the approved federally qualified
25    health center's sexual assault-related policies and
26    procedures.

 

 

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1    The online training made available by the Office of the
2Attorney General under subsection (b) of Section 10-1 may be
3used to comply with the sexual assault training required under
4the preceding paragraph.
5    If an approved federally qualified health center is not
6open 24 hours a day, 7 days a week, it shall post signage at
7each public entrance to its facility that:
8        (1) is at least 14 inches by 14 inches in size;
9        (2) directs those seeking services as follows: "If
10    closed, call 911 for services or go to the closest
11    hospital emergency department, (insert name) located at
12    (insert address).";
13        (3) lists the approved federally qualified health
14    center's hours of operation;
15        (4) lists the street address of the building;
16        (5) has a black background with white bold capital
17    lettering in a clear and easy to read font that is at least
18    72-point type, and with "call 911" in at least 125-point
19    type;
20        (6) is posted clearly and conspicuously on or adjacent
21    to the door at each entrance and, if building materials
22    allow, is posted internally for viewing through glass; if
23    posted externally, the sign shall be made of
24    weather-resistant and theft-resistant materials,
25    non-removable, and adhered permanently to the building;
26    and

 

 

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1        (7) has lighting that is part of the sign itself or is
2    lit with a dedicated light that fully illuminates the
3    sign; .
4        (8) directs those seeking services as follows: "Call
5    the local rape crisis center for support."; and
6        (9) includes the name and hotline number, available 24
7    hours a day, 7 days a week, of the local rape crisis
8    center.
9    A copy of the proposed sign must be submitted to the
10Department and approved as part of the approved federally
11qualified health center's sexual assault treatment plan.
12    (c) Each treatment hospital, treatment hospital with
13approved pediatric transfer, approved pediatric health care
14facility, and approved federally qualified health center must
15enter into a memorandum of understanding with a rape crisis
16center for medical advocacy services, if these services are
17available to the treatment hospital, treatment hospital with
18approved pediatric transfer, approved pediatric health care
19facility, or approved federally qualified health center. With
20the consent of the sexual assault survivor, a rape crisis
21counselor shall remain in the exam room during the collection
22for forensic evidence.
23    An approved federally qualified health center that has a
24memorandum of understanding with a rape crisis center must
25notify the rape crisis center immediately if medical forensic
26services are not available during the approved federally

 

 

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

 

 

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1            (C) declined by (i) all sexual assault survivors
2        and (ii) pediatric sexual assault survivors.
3    This information shall be made available on the
4Department's website.
5    (f) This Section is repealed on December 31, 2023.
6(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;
7102-674, eff. 11-30-21.)
 
8    (410 ILCS 70/5-1)
9    (Section scheduled to be repealed on December 31, 2023)
10    Sec. 5-1. Minimum requirements for medical forensic
11services provided to sexual assault survivors by hospitals,
12approved pediatric health care facilities, and approved
13federally qualified health centers.
14    (a) Every hospital, approved pediatric health care
15facility, and approved federally qualified health center
16providing medical forensic services to sexual assault
17survivors under this Act shall, as minimum requirements for
18such services, provide, with the consent of the sexual assault
19survivor, and as ordered by the attending physician, an
20advanced practice registered nurse, or a physician assistant,
21the services set forth in subsection (a-5).
22    Beginning January 1, 2023, a qualified medical provider
23must provide the services set forth in subsection (a-5).
24    (a-5) A treatment hospital, a treatment hospital with
25approved pediatric transfer, or an approved pediatric health

 

 

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

 

 

10200SB3023ham001- 33 -LRB102 22896 CPF 37787 a

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

 

 

10200SB3023ham001- 34 -LRB102 22896 CPF 37787 a

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

 

 

10200SB3023ham001- 35 -LRB102 22896 CPF 37787 a

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

 

 

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1    care facility, or approved federally qualified health
2    center personnel for appropriate counseling.
3        (8) Medical advocacy services provided by a rape
4    crisis counselor whose communications are protected under
5    Section 8-802.1 of the Code of Civil Procedure, if there
6    is a memorandum of understanding between the hospital, or
7    approved pediatric health care facility, or approved
8    federally qualified health center and a rape crisis
9    center. With the consent of the sexual assault survivor, a
10    rape crisis counselor shall remain in the exam room during
11    the medical forensic examination.
12        (9) Written information regarding services provided by
13    a Children's Advocacy Center and rape crisis center, if
14    applicable.
15        (10) A treatment hospital, a treatment hospital with
16    approved pediatric transfer, an out-of-state hospital as
17    defined in Section 5.4, or an approved pediatric health
18    care facility, or an approved federally qualified health
19    center shall comply with the rules relating to the
20    collection and tracking of sexual assault evidence adopted
21    by the Department of State Police under Section 50 of the
22    Sexual Assault Evidence Submission Act.
23        (11) Written information regarding the Illinois State
24    Police sexual assault evidence tracking system.
25    (a-7) By January 1, 2023, every hospital with a treatment
26plan approved by the Department shall employ or contract with

 

 

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1a qualified medical provider to initiate medical forensic
2services to a sexual assault survivor within 90 minutes of the
3patient presenting to the treatment hospital or treatment
4hospital with approved pediatric transfer. The provision of
5medical forensic services by a qualified medical provider
6shall not delay the provision of life-saving medical care.
7    (a-10) Every federally qualified health center with a
8treatment plan approved by the Department shall employ or
9contract with a qualified medical provider to initiate medical
10forensic services to a sexual assault survivor within 90
11minutes of the patient presenting to the federally qualified
12health center. The provision of medical forensic services by a
13qualified medical provider shall not delay the provision of
14life-saving medical care.
15    (b) Any person who is a sexual assault survivor who seeks
16medical forensic services or follow-up healthcare under this
17Act shall be provided such services without the consent of any
18parent, guardian, custodian, surrogate, or agent. If a sexual
19assault survivor is unable to consent to medical forensic
20services, the services may be provided under the Consent by
21Minors to Medical Procedures Act, the Health Care Surrogate
22Act, or other applicable State and federal laws.
23    (b-5) Every hospital, approved pediatric health care
24facility, or approved federally qualified health center
25providing medical forensic services to sexual assault
26survivors shall issue a voucher to any sexual assault survivor

 

 

10200SB3023ham001- 38 -LRB102 22896 CPF 37787 a

1who is eligible to receive one in accordance with Section
25.2-1 of this Act. The hospital, approved pediatric health
3care facility, or approved federally qualified health center
4shall make a copy of the voucher and place it in the medical
5record of the sexual assault survivor. The hospital, approved
6pediatric health care facility, or approved federally
7qualified health center shall provide a copy of the voucher to
8the sexual assault survivor after discharge upon request.
9    (c) Nothing in this Section creates a physician-patient
10relationship that extends beyond discharge from the hospital,
11or approved pediatric health care facility, or approved
12federally qualified health center.
13    (d) 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 70/5.4)
17    Sec. 5.4. Out-of-state hospitals.
18    (a) Nothing in this Section shall prohibit the transfer of
19a patient in need of medical services from a hospital that has
20been designated as a trauma center by the Department in
21accordance with Section 3.90 of the Emergency Medical Services
22(EMS) Systems Act.
23    (b) A transfer hospital, treatment hospital with approved
24pediatric transfer, or approved pediatric health care facility
25may transfer a sexual assault survivor to an out-of-state

 

 

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1hospital that has been designated as a trauma center by the
2Department under Section 3.90 of the Emergency Medical
3Services (EMS) Systems Act if the out-of-state hospital: (1)
4submits an areawide treatment plan approved by the Department;
5and (2) has certified the following to the Department in a form
6and manner prescribed by the Department that the out-of-state
7hospital will:
8        (i) consent to the jurisdiction of the Department in
9    accordance with Section 2.06 of this Act;
10        (ii) comply with all requirements of this Act
11    applicable to treatment hospitals, including, but not
12    limited to, offering evidence collection to any Illinois
13    sexual assault survivor who presents with a complaint of
14    sexual assault within a minimum of the last 7 days or who
15    has disclosed past sexual assault by a specific individual
16    and was in the care of that individual within a minimum of
17    the last 7 days and not billing the sexual assault
18    survivor for medical forensic services or 180 90 days of
19    follow-up healthcare;
20        (iii) use an Illinois State Police Sexual Assault
21    Evidence Collection Kit to collect forensic evidence from
22    an Illinois sexual assault survivor;
23        (iv) ensure its staff cooperates with Illinois law
24    enforcement agencies and are responsive to subpoenas
25    issued by Illinois courts; and
26        (v) provide appropriate transportation upon the

 

 

10200SB3023ham001- 40 -LRB102 22896 CPF 37787 a

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

 

 

10200SB3023ham001- 41 -LRB102 22896 CPF 37787 a

1    Control and Prevention's guidelines.
2    (b) Reimbursable follow-up healthcare is limited to office
3visits with a physician, advanced practice registered nurse,
4or physician assistant within 180 90 days after an initial
5visit for hospital medical forensic services.
6    (c) Nothing in this Section requires a hospital, pediatric
7health care facility, health care professional, laboratory, or
8pharmacy to provide follow-up healthcare to a sexual assault
9survivor.
10    (d) This Section is effective on and after January 1,
112024.
12(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;
13102-674, eff. 11-30-21.)
 
14    (410 ILCS 70/5.5-1)
15    (Section scheduled to be repealed on December 31, 2023)
16    Sec. 5.5-1. Minimum reimbursement requirements for
17follow-up healthcare.
18    (a) Every hospital, pediatric health care facility,
19federally qualified health center, health care professional,
20laboratory, or pharmacy that provides follow-up healthcare to
21a sexual assault survivor, with the consent of the sexual
22assault survivor and as ordered by the attending physician, an
23advanced practice registered nurse, or physician assistant
24shall be reimbursed for the follow-up healthcare services
25provided. Follow-up healthcare services include, but are not

 

 

10200SB3023ham001- 42 -LRB102 22896 CPF 37787 a

1limited to, the following:
2        (1) a physical examination;
3        (2) laboratory tests to determine the presence or
4    absence of sexually transmitted infection; and
5        (3) appropriate medications, including HIV
6    prophylaxis, in accordance with the Centers for Disease
7    Control and Prevention's guidelines.
8    (b) Reimbursable follow-up healthcare is limited to office
9visits with a physician, advanced practice registered nurse,
10or physician assistant within 180 90 days after an initial
11visit for hospital medical forensic services.
12    (c) Nothing in this Section requires a hospital, pediatric
13health care facility, federally qualified health center,
14health care professional, laboratory, or pharmacy to provide
15follow-up healthcare to a sexual assault survivor.
16    (d) This Section is repealed on December 31, 2023.
17(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;
18102-674, eff. 11-30-21.)
 
19    (410 ILCS 70/7.5)
20    Sec. 7.5. Prohibition on billing sexual assault survivors
21directly for certain services; written notice; billing
22protocols.
23    (a) A hospital, approved pediatric health care facility,
24health care professional, ambulance provider, laboratory, or
25pharmacy furnishing medical forensic services, transportation,

 

 

10200SB3023ham001- 43 -LRB102 22896 CPF 37787 a

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

 

 

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

 

 

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

 

 

10200SB3023ham001- 46 -LRB102 22896 CPF 37787 a

1of Illinois Hospital Act, who bills separately for medical or
2forensic services must develop a billing protocol that ensures
3that no survivor of sexual assault will be sent a bill for any
4medical forensic services and submit the billing protocol to
5the Office of the Attorney General for approval. Within 60
6days after the commencement of the provision of medical
7forensic services, every health care professional, except for
8those employed by a hospital or hospital affiliate, as defined
9in the Hospital Licensing Act, or those employed by a hospital
10operated under the University of Illinois Hospital Act, who
11bills separately for medical or forensic services must develop
12a billing protocol that ensures that no survivor of sexual
13assault is sent a bill for any medical forensic services and
14submit the billing protocol to the Attorney General for
15approval. Health care professionals who bill as a legal entity
16may submit a single billing protocol for the billing entity.
17    Within 60 days after the Department's approval of a
18treatment plan, an approved pediatric health care facility and
19any health care professional employed by an approved pediatric
20health care facility must develop a billing protocol that
21ensures that no survivor of sexual assault is sent a bill for
22any medical forensic services and submit the billing protocol
23to the Office of the Attorney General for approval.
24     The billing protocol must include at a minimum:
25        (1) a description of training for persons who prepare
26    bills for medical and forensic services;

 

 

10200SB3023ham001- 47 -LRB102 22896 CPF 37787 a

1        (2) a written acknowledgement signed by a person who
2    has completed the training that the person will not bill
3    survivors of sexual assault;
4        (3) prohibitions on submitting any bill for any
5    portion of medical forensic services provided to a
6    survivor of sexual assault to a collection agency;
7        (4) prohibitions on taking any action that would
8    adversely affect the credit of the survivor of sexual
9    assault;
10        (5) the termination of all collection activities if
11    the protocol is violated; and
12        (6) the actions to be taken if a bill is sent to a
13    collection agency or the failure to pay is reported to any
14    credit reporting agency.
15    The Office of the Attorney General may provide a sample
16acceptable billing protocol upon request.
17    The Office of the Attorney General shall approve a
18proposed protocol if it finds that the implementation of the
19protocol would result in no survivor of sexual assault being
20billed or sent a bill for medical forensic services.
21    If the Office of the Attorney General determines that
22implementation of the protocol could result in the billing of
23a survivor of sexual assault for medical forensic services,
24the Office of the Attorney General shall provide the health
25care professional or approved pediatric health care facility
26with a written statement of the deficiencies in the protocol.

 

 

10200SB3023ham001- 48 -LRB102 22896 CPF 37787 a

1The health care professional or approved pediatric health care
2facility shall have 30 days to submit a revised billing
3protocol addressing the deficiencies to the Office of the
4Attorney General. The health care professional or approved
5pediatric health care facility shall implement the protocol
6upon approval by the Office of the Attorney General.
7    The health care professional or approved pediatric health
8care facility shall submit any proposed revision to or
9modification of an approved billing protocol to the Office of
10the Attorney General for approval. The health care
11professional or approved pediatric health care facility shall
12implement the revised or modified billing protocol upon
13approval by the Office of the Illinois Attorney General.
14    (e) This Section is effective on and after January 1,
152024.
16(Source: P.A. 101-634, eff. 6-5-20; 101-652, eff. 7-1-21;
17102-22, eff. 6-25-21; 102-674, eff. 11-30-21.)
 
18    (410 ILCS 70/7.5-1)
19    (Section scheduled to be repealed on December 31, 2023)
20    Sec. 7.5-1. Prohibition on billing sexual assault
21survivors directly for certain services; written notice;
22billing protocols.
23    (a) A hospital, approved pediatric health care facility,
24approved federally qualified health center, health care
25professional, ambulance provider, laboratory, or pharmacy

 

 

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1furnishing medical forensic services, transportation,
2follow-up healthcare, or medication to a sexual assault
3survivor 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
12    sexual assault survivor and threatening to refer the
13    matter to a debt collection agency or to an attorney for
14    collection, enforcement, or filing of other process;
15        (3) refer a bill to a collection agency or attorney
16    for 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
20    assault survivor or his or her family on account of
21    providing services to the sexual assault survivor.
22    (a-5) Notwithstanding any other provision of law,
23including, but not limited to, subsection (a), a sexual
24assault survivor who is not the subscriber or primary
25policyholder of the sexual assault survivor's insurance policy
26may opt out of billing the sexual assault survivor's private

 

 

10200SB3023ham001- 50 -LRB102 22896 CPF 37787 a

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

 

 

10200SB3023ham001- 51 -LRB102 22896 CPF 37787 a

1        (2) a statement that a sexual assault survivor who is
2    admitted to a hospital may be billed for inpatient
3    services provided by a hospital, health care professional,
4    laboratory, or pharmacy;
5        (3) a statement that prior to leaving the hospital,
6    approved pediatric health care facility, or approved
7    federally qualified health center, the hospital, approved
8    pediatric health care facility, or approved federally
9    qualified health center will give the sexual assault
10    survivor a sexual assault services voucher for follow-up
11    healthcare if the sexual assault survivor is eligible to
12    receive a sexual assault services voucher;
13        (4) the definition of "follow-up healthcare" as set
14    forth in Section 1a-1 of this Act;
15        (5) a phone number the sexual assault survivor may
16    call should the sexual assault survivor receive a bill
17    from the hospital, approved pediatric health care
18    facility, or approved federally qualified health center
19    for medical forensic services;
20        (6) the toll-free phone number of the Office of the
21    Illinois Attorney General, Crime Victim Services Division,
22    which the sexual assault survivor may call should the
23    sexual assault survivor receive a bill from an ambulance
24    provider, approved pediatric health care facility,
25    approved federally qualified health center, a health care
26    professional, a laboratory, or a pharmacy.

 

 

10200SB3023ham001- 52 -LRB102 22896 CPF 37787 a

1    This subsection (c) shall not apply to hospitals that
2provide transfer services as defined under Section 1a-1 of
3this Act.
4    (d) Within 60 days after the effective date of this
5amendatory Act of the 101st General Assembly, every health
6care professional, except for those employed by a hospital or
7hospital affiliate, as defined in the Hospital Licensing Act,
8or those employed by a hospital operated under the University
9of Illinois Hospital Act, who bills separately for medical or
10forensic services must develop a billing protocol that ensures
11that no survivor of sexual assault will be sent a bill for any
12medical forensic services and submit the billing protocol to
13the Crime Victim Services Division of the Office of the
14Attorney General for approval. Within 60 days after the
15commencement of the provision of medical forensic services,
16every health care professional, except for those employed by a
17hospital or hospital affiliate, as defined in the Hospital
18Licensing Act, or those employed by a hospital operated under
19the University of Illinois Hospital Act, who bills separately
20for medical or forensic services must develop a billing
21protocol that ensures that no survivor of sexual assault is
22sent a bill for any medical forensic services and submit the
23billing protocol to the Crime Victim Services Division of the
24Office of the Attorney General for approval. Health care
25professionals who bill as a legal entity may submit a single
26billing protocol for the billing entity.

 

 

10200SB3023ham001- 53 -LRB102 22896 CPF 37787 a

1    Within 60 days after the Department's approval of a
2treatment plan, an approved pediatric health care facility and
3any health care professional employed by an approved pediatric
4health care facility must develop a billing protocol that
5ensures that no survivor of sexual assault is sent a bill for
6any medical forensic services and submit the billing protocol
7to the Crime Victim Services Division of the Office of the
8Attorney General for approval.
9    Within 14 days after the Department's approval of a
10treatment plan, an approved federally qualified health center
11and any health care professional employed by an approved
12federally qualified health center must develop a billing
13protocol that ensures that no survivor of sexual assault is
14sent a bill for any medical forensic services and submit the
15billing protocol to the Crime Victim Services Division of the
16Office of the Attorney General for approval.
17    The billing protocol must include at a minimum:
18        (1) a description of training for persons who prepare
19    bills for medical and forensic services;
20        (2) a written acknowledgement signed by a person who
21    has completed the training that the person will not bill
22    survivors of sexual assault;
23        (3) prohibitions on submitting any bill for any
24    portion of medical forensic services provided to a
25    survivor of sexual assault to a collection agency;
26        (4) prohibitions on taking any action that would

 

 

10200SB3023ham001- 54 -LRB102 22896 CPF 37787 a

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

 

 

10200SB3023ham001- 55 -LRB102 22896 CPF 37787 a

1Office of the Attorney General.
2    The health care professional, approved pediatric health
3care facility, or approved federally qualified health center
4shall submit any proposed revision to or modification of an
5approved billing protocol to the Crime Victim Services
6Division of the Office of the Attorney General for approval.
7The health care professional, approved pediatric health care
8facility, or approved federally qualified health center shall
9implement the revised or modified billing protocol upon
10approval by the Crime Victim Services Division of the Office
11of the Illinois Attorney General.
12    (e) 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 70/9.5)
16    (Section scheduled to be repealed on January 1, 2024)
17    Sec. 9.5. Sexual Assault Medical Forensic Services
18Implementation Task Force.
19    (a) The Sexual Assault Medical Forensic Services
20Implementation Task Force is created to assist hospitals and
21approved pediatric health care facilities with the
22implementation of the changes made by this amendatory Act of
23the l00th General Assembly. The Task Force shall consist of
24the following members, who shall serve without compensation:
25        (1) one member of the Senate appointed by the

 

 

10200SB3023ham001- 56 -LRB102 22896 CPF 37787 a

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

 

 

10200SB3023ham001- 57 -LRB102 22896 CPF 37787 a

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

 

 

10200SB3023ham001- 58 -LRB102 22896 CPF 37787 a

1        (15) one member representing State's Attorneys
2    appointed by the head of a statewide organization
3    representing the interests of State's Attorneys in
4    Illinois;
5        (16) three members representing sexual assault
6    survivors appointed by the head of a statewide
7    organization representing the interests of sexual assault
8    survivors and rape crisis centers, at least one of whom
9    shall represent rural rape crisis centers and at least one
10    of whom shall represent urban rape crisis centers; and
11        (17) one member representing children's advocacy
12    centers appointed by the head of a statewide organization
13    representing the interests of children's advocacy centers
14    in Illinois; and .
15        (18) one member representing approved federally
16    qualified health centers appointed by the Director of
17    Public Health.
18    The members representing the Office of the Attorney
19General and the Department of Public Health shall serve as
20co-chairpersons of the Task Force. The Office of the Attorney
21General shall provide administrative and other support to the
22Task Force.
23    (b) The first meeting of the Task Force shall be called by
24the co-chairpersons no later than 90 days after the effective
25date of this Section.
26    (c) The goals of the Task Force shall include, but not be

 

 

10200SB3023ham001- 59 -LRB102 22896 CPF 37787 a

1limited to, the following:
2        (1) to facilitate the development of areawide
3    treatment plans among hospitals and pediatric health care
4    facilities;
5        (2) to facilitate the development of on-call systems
6    of qualified medical providers and assist hospitals with
7    the development of plans to employ or contract with a
8    qualified medical provider to initiate medical forensic
9    services to a sexual assault survivor within 90 minutes of
10    the patient presenting to the hospital as required in
11    subsection (a-7) of Section 5;
12        (3) to identify photography and storage options for
13    hospitals to comply with the photo documentation
14    requirements in Sections 5 and 5.1;
15        (4) to develop a model written agreement for use by
16    rape crisis centers, hospitals, and approved pediatric
17    health care facilities with sexual assault treatment plans
18    to comply with subsection (c) of Section 2;
19        (5) to develop and distribute educational information
20    regarding the implementation of this Act to hospitals,
21    health care providers, rape crisis centers, children's
22    advocacy centers, State's Attorney's offices;
23        (6) to examine the role of telemedicine in the
24    provision of medical forensic services under this Act and
25    to develop recommendations for statutory change and
26    standards and procedures for the use of telemedicine to be

 

 

10200SB3023ham001- 60 -LRB102 22896 CPF 37787 a

1    adopted by the Department;
2        (7) to seek inclusion of the International Association
3    of Forensic Nurses Sexual Assault Nurse Examiner Education
4    Guidelines for nurses within the registered nurse training
5    curriculum in Illinois nursing programs and the American
6    College of Emergency Physicians Management of the Patient
7    with the Complaint of Sexual Assault for emergency
8    physicians within the Illinois residency training
9    curriculum for emergency physicians; and
10        (8) to submit a report to the General Assembly by
11    January 1, 2024 2023 regarding the status of
12    implementation of this amendatory Act of the 100th General
13    Assembly, including, but not limited to, the impact of
14    transfers to out-of-state hospitals on sexual assault
15    survivors and the availability of treatment hospitals in
16    Illinois. The report shall also cover the impact of
17    medical forensic services provided at approved federally
18    qualified health centers on sexual assault survivors. The ;
19    the report to the General Assembly shall be filed with the
20    Clerk of the House of Representatives and the Secretary of
21    the Senate in electronic form only, in the manner that the
22    Clerk and the Secretary shall direct.
23    (d) This Section is repealed on January 1, 2025 2024.
24(Source: P.A. 102-538, eff. 8-20-21.)
 
25    Section 99. Effective date. This Section and the changes

 

 

10200SB3023ham001- 61 -LRB102 22896 CPF 37787 a

1to Sections 2-1, 5-1, and 9.5 of the Sexual Assault Survivors
2Emergency Treatment Act take effect upon becoming law.".