Illinois General Assembly - Full Text of SB3023
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Full Text of SB3023  102nd General Assembly

SB3023sam001 102ND GENERAL ASSEMBLY

Sen. Julie A. Morrison

Filed: 2/18/2022

 

 


 

 


 
10200SB3023sam001LRB102 22896 CPF 36623 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, 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

 

 

10200SB3023sam001- 2 -LRB102 22896 CPF 36623 a

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.

 

 

10200SB3023sam001- 3 -LRB102 22896 CPF 36623 a

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.

 

 

10200SB3023sam001- 4 -LRB102 22896 CPF 36623 a

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.

 

 

10200SB3023sam001- 5 -LRB102 22896 CPF 36623 a

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

 

 

10200SB3023sam001- 6 -LRB102 22896 CPF 36623 a

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

 

 

10200SB3023sam001- 7 -LRB102 22896 CPF 36623 a

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

 

 

10200SB3023sam001- 8 -LRB102 22896 CPF 36623 a

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

 

 

10200SB3023sam001- 9 -LRB102 22896 CPF 36623 a

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

 

 

10200SB3023sam001- 10 -LRB102 22896 CPF 36623 a

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.

 

 

10200SB3023sam001- 11 -LRB102 22896 CPF 36623 a

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

 

 

10200SB3023sam001- 12 -LRB102 22896 CPF 36623 a

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

 

 

10200SB3023sam001- 13 -LRB102 22896 CPF 36623 a

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

 

 

10200SB3023sam001- 14 -LRB102 22896 CPF 36623 a

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

 

 

10200SB3023sam001- 15 -LRB102 22896 CPF 36623 a

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

 

 

10200SB3023sam001- 16 -LRB102 22896 CPF 36623 a

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)

 

 

10200SB3023sam001- 17 -LRB102 22896 CPF 36623 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

 

 

10200SB3023sam001- 18 -LRB102 22896 CPF 36623 a

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

 

 

10200SB3023sam001- 19 -LRB102 22896 CPF 36623 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

 

 

10200SB3023sam001- 20 -LRB102 22896 CPF 36623 a

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

 

 

10200SB3023sam001- 21 -LRB102 22896 CPF 36623 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

 

 

10200SB3023sam001- 22 -LRB102 22896 CPF 36623 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
24shall be provided by (i) a qualified medical provider,
25physician, physician assistant, or advanced practice
26registered nurse who has received a minimum of 10 hours of

 

 

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1sexual assault training provided by a qualified medical
2provider on current Illinois legislation, how to properly
3perform a medical forensic examination, evidence collection,
4drug and alcohol facilitated sexual assault, and forensic
5photography and has all documentation and photos peer reviewed
6by a qualified medical provider or (ii) until the federally
7qualified health care center certifies to the Department, in a
8form and manner prescribed by the Department, that it employs
9or contracts with a qualified medical provider in accordance
10with subsection (a-7) of Section 5-1, whichever occurs first.
11    A federally qualified health center must participate in or
12submit an areawide treatment plan under Section 3-1 of this
13Act that includes a treatment hospital. If a federally
14qualified health center does not provide certain medical or
15surgical services that are provided by hospitals, the areawide
16sexual assault treatment plan must include a procedure for
17ensuring a sexual assault survivor in need of such medical or
18surgical services receives the services at the treatment
19hospital. The areawide treatment plan may also include a
20treatment hospital with approved pediatric transfer or an
21approved pediatric health care facility.
22    The Department shall review a proposed sexual assault
23treatment plan submitted by a federally qualified health
24center within 14 days after receipt of the plan. If the
25Department finds that the proposed plan meets the minimum
26requirements set forth in Section 5-1 and that implementation

 

 

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1of the proposed plan would provide medical forensic services
2for sexual assault survivors 13 years old or older, then the
3Department shall approve the plan. The Department shall not
4approve sexual assault treatment plans for more than 6
5federally qualified health centers, which must be located in
6geographically diverse areas of the State. If the Department
7does not approve a plan, then the Department shall notify the
8federally qualified health center that the proposed plan has
9not been approved. The federally qualified health center shall
10have 14 days to submit a revised plan. The Department shall
11review the revised plan within 14 days after receipt of the
12plan and notify the federally qualified health center whether
13the revised plan is approved or rejected. A federally
14qualified health center may not (i) provide medical forensic
15services to sexual assault survivors 13 years old or older who
16present with a complaint of sexual assault within a minimum of
17the previous 7 days or (ii) who have disclosed past sexual
18assault by a specific individual and were in the care of that
19individual within a minimum of the previous 7 days until the
20Department has approved a treatment plan.
21    If an approved federally qualified health center is not
22open 24 hours a day, 7 days a week, it shall post signage at
23each public entrance to its facility that:
24        (1) is at least 14 inches by 14 inches in size;
25        (2) directs those seeking services as follows: "If
26    closed, call 911 for services or go to the closest

 

 

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1    hospital emergency department, (insert name) located at
2    (insert address).";
3        (3) lists the approved federally qualified health
4    center's hours of operation;
5        (4) lists the street address of the building;
6        (5) has a black background with white bold capital
7    lettering in a clear and easy to read font that is at least
8    72-point type, and with "call 911" in at least 125-point
9    type;
10        (6) is posted clearly and conspicuously on or adjacent
11    to the door at each entrance and, if building materials
12    allow, is posted internally for viewing through glass; if
13    posted externally, the sign shall be made of
14    weather-resistant and theft-resistant materials,
15    non-removable, and adhered permanently to the building;
16    and
17        (7) has lighting that is part of the sign itself or is
18    lit with a dedicated light that fully illuminates the
19    sign; .
20        (8) directs those seeking services as follows: "Call
21    the local rape crisis center for support."; and
22        (9) includes the name and hotline number, available 24
23    hours a day, 7 days a week, of the local rape crisis
24    center.
25    A copy of the proposed sign must be submitted to the
26Department and approved as part of the approved federally

 

 

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1qualified health center's sexual assault treatment plan.
2    (c) Each treatment hospital, treatment hospital with
3approved pediatric transfer, approved pediatric health care
4facility, and approved federally qualified health center must
5enter into a memorandum of understanding with a rape crisis
6center for medical advocacy services, if these services are
7available to the treatment hospital, treatment hospital with
8approved pediatric transfer, approved pediatric health care
9facility, or approved federally qualified health center. With
10the consent of the sexual assault survivor, a rape crisis
11counselor shall remain in the exam room during the collection
12for forensic evidence.
13    (d) Every treatment hospital, treatment hospital with
14approved pediatric transfer, approved pediatric health care
15facility, and approved federally qualified health center's
16sexual assault treatment plan shall include procedures for
17complying with mandatory reporting requirements pursuant to
18(1) the Abused and Neglected Child Reporting Act; (2) the
19Abused and Neglected Long Term Care Facility Residents
20Reporting Act; (3) the Adult Protective Services Act; and (iv)
21the Criminal Identification Act.
22    (e) Each treatment hospital, treatment hospital with
23approved pediatric transfer, approved pediatric health care
24facility, and approved federally qualified health center shall
25submit to the Department every 6 months, in a manner
26prescribed by the Department, the following information:

 

 

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1        (1) The total number of patients who presented with a
2    complaint of sexual assault.
3        (2) The total number of Illinois Sexual Assault
4    Evidence Collection Kits:
5            (A) offered to (i) all sexual assault survivors
6        and (ii) pediatric sexual assault survivors pursuant
7        to paragraph (1.5) of subsection (a-5) of Section 5-1;
8            (B) completed for (i) all sexual assault survivors
9        and (ii) pediatric sexual assault survivors; and
10            (C) declined by (i) all sexual assault survivors
11        and (ii) pediatric sexual assault survivors.
12    This information shall be made available on the
13Department's website.
14    (f) This Section is repealed on December 31, 2023.
15(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;
16102-674, eff. 11-30-21.)
 
17    (410 ILCS 70/5-1)
18    (Section scheduled to be repealed on December 31, 2023)
19    Sec. 5-1. Minimum requirements for medical forensic
20services provided to sexual assault survivors by hospitals,
21approved pediatric health care facilities, and approved
22federally qualified health centers.
23    (a) Every hospital, approved pediatric health care
24facility, and approved federally qualified health center
25providing medical forensic services to sexual assault

 

 

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1survivors under this Act shall, as minimum requirements for
2such services, provide, with the consent of the sexual assault
3survivor, and as ordered by the attending physician, an
4advanced practice registered nurse, or a physician assistant,
5the services set forth in subsection (a-5).
6    Beginning January 1, 2023, a qualified medical provider
7must provide the services set forth in subsection (a-5).
8    (a-5) A treatment hospital, a treatment hospital with
9approved pediatric transfer, or an approved pediatric health
10care facility, or an approved federally qualified health
11center shall provide the following services in accordance with
12subsection (a):
13        (1) Appropriate medical forensic services without
14    delay, in a private, age-appropriate or
15    developmentally-appropriate space, required to ensure the
16    health, safety, and welfare of a sexual assault survivor
17    and which may be used as evidence in a criminal proceeding
18    against a person accused of the sexual assault, in a
19    proceeding under the Juvenile Court Act of 1987, or in an
20    investigation under the Abused and Neglected Child
21    Reporting Act.
22        Records of medical forensic services, including
23    results of examinations and tests, the Illinois State
24    Police Medical Forensic Documentation Forms, the Illinois
25    State Police Patient Discharge Materials, and the Illinois
26    State Police Patient Consent: Collect and Test Evidence or

 

 

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1    Collect and Hold Evidence Form, shall be maintained by the
2    hospital or approved pediatric health care facility as
3    part of the patient's electronic medical record.
4        Records of medical forensic services of sexual assault
5    survivors under the age of 18 shall be retained by the
6    hospital for a period of 60 years after the sexual assault
7    survivor reaches the age of 18. Records of medical
8    forensic services of sexual assault survivors 18 years of
9    age or older shall be retained by the hospital for a period
10    of 20 years after the date the record was created.
11        Records of medical forensic services may only be
12    disseminated in accordance with Section 6.5-1 of this Act
13    and other State and federal law.
14        (1.5) An offer to complete the Illinois Sexual Assault
15    Evidence Collection Kit for any sexual assault survivor
16    who presents within a minimum of the last 7 days of the
17    assault or who has disclosed past sexual assault by a
18    specific individual and was in the care of that individual
19    within a minimum of the last 7 days.
20            (A) Appropriate oral and written information
21        concerning evidence-based guidelines for the
22        appropriateness of evidence collection depending on
23        the sexual development of the sexual assault survivor,
24        the type of sexual assault, and the timing of the
25        sexual assault shall be provided to the sexual assault
26        survivor. Evidence collection is encouraged for

 

 

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1        prepubescent sexual assault survivors who present to a
2        hospital or approved pediatric health care facility
3        with a complaint of sexual assault within a minimum of
4        96 hours after the sexual assault.
5            Before January 1, 2023, the information required
6        under this subparagraph shall be provided in person by
7        the health care professional providing medical
8        forensic services directly to the sexual assault
9        survivor.
10            On and after January 1, 2023, the information
11        required under this subparagraph shall be provided in
12        person by the qualified medical provider providing
13        medical forensic services directly to the sexual
14        assault survivor.
15            The written information provided shall be the
16        information created in accordance with Section 10-1 of
17        this Act.
18            (B) Following the discussion regarding the
19        evidence-based guidelines for evidence collection in
20        accordance with subparagraph (A), evidence collection
21        must be completed at the sexual assault survivor's
22        request. A sexual assault nurse examiner conducting an
23        examination using the Illinois State Police Sexual
24        Assault Evidence Collection Kit may do so without the
25        presence or participation of a physician.
26        (2) Appropriate oral and written information

 

 

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1    concerning the possibility of infection, sexually
2    transmitted infection, including an evaluation of the
3    sexual assault survivor's risk of contracting human
4    immunodeficiency virus (HIV) from sexual assault, and
5    pregnancy resulting from sexual assault.
6        (3) Appropriate oral and written information
7    concerning accepted medical procedures, laboratory tests,
8    medication, and possible contraindications of such
9    medication available for the prevention or treatment of
10    infection or disease resulting from sexual assault.
11        (3.5) After a medical evidentiary or physical
12    examination, access to a shower at no cost, unless
13    showering facilities are unavailable.
14        (4) An amount of medication, including HIV
15    prophylaxis, for treatment at the hospital, or approved
16    pediatric health care facility, or approved federally
17    qualified health center and after discharge as is deemed
18    appropriate by the attending physician, an advanced
19    practice registered nurse, or a physician assistant in
20    accordance with the Centers for Disease Control and
21    Prevention guidelines and consistent with the hospital's
22    or approved pediatric health care facility's current
23    approved protocol for sexual assault survivors.
24        (5) Photo documentation of the sexual assault
25    survivor's injuries, anatomy involved in the assault, or
26    other visible evidence on the sexual assault survivor's

 

 

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1    body to supplement the medical forensic history and
2    written documentation of physical findings and evidence
3    beginning July 1, 2019. Photo documentation does not
4    replace written documentation of the injury.
5        (6) Written and oral instructions indicating the need
6    for follow-up examinations and laboratory tests after the
7    sexual assault to determine the presence or absence of
8    sexually transmitted infection.
9        (7) Referral by hospital, or approved pediatric health
10    care facility, or approved federally qualified health
11    center personnel for appropriate counseling.
12        (8) Medical advocacy services provided by a rape
13    crisis counselor whose communications are protected under
14    Section 8-802.1 of the Code of Civil Procedure, if there
15    is a memorandum of understanding between the hospital, or
16    approved pediatric health care facility, or approved
17    federally qualified health center and a rape crisis
18    center. With the consent of the sexual assault survivor, a
19    rape crisis counselor shall remain in the exam room during
20    the medical forensic examination.
21        (9) Written information regarding services provided by
22    a Children's Advocacy Center and rape crisis center, if
23    applicable.
24        (10) A treatment hospital, a treatment hospital with
25    approved pediatric transfer, an out-of-state hospital as
26    defined in Section 5.4, or an approved pediatric health

 

 

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1    care facility, or an approved federally qualified health
2    center shall comply with the rules relating to the
3    collection and tracking of sexual assault evidence adopted
4    by the Department of State Police under Section 50 of the
5    Sexual Assault Evidence Submission Act.
6        (11) Written information regarding the Illinois State
7    Police sexual assault evidence tracking system.
8    (a-7) By January 1, 2023, every hospital or approved
9federally qualified health center with a treatment plan
10approved by the Department shall employ or contract with a
11qualified medical provider to initiate medical forensic
12services to a sexual assault survivor within 90 minutes of the
13patient presenting to the treatment hospital, or treatment
14hospital with approved pediatric transfer, or approved
15federally qualified health center. The provision of medical
16forensic services by a qualified medical provider shall not
17delay the provision of life-saving medical care.
18    (b) Any person who is a sexual assault survivor who seeks
19medical forensic services or follow-up healthcare under this
20Act shall be provided such services without the consent of any
21parent, guardian, custodian, surrogate, or agent. If a sexual
22assault survivor is unable to consent to medical forensic
23services, the services may be provided under the Consent by
24Minors to Medical Procedures Act, the Health Care Surrogate
25Act, or other applicable State and federal laws.
26    (b-5) Every hospital, approved pediatric health care

 

 

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1facility, or approved federally qualified health center
2providing medical forensic services to sexual assault
3survivors shall issue a voucher to any sexual assault survivor
4who is eligible to receive one in accordance with Section
55.2-1 of this Act. The hospital, approved pediatric health
6care facility, or approved federally qualified health center
7shall make a copy of the voucher and place it in the medical
8record of the sexual assault survivor. The hospital, approved
9pediatric health care facility, or approved federally
10qualified health center shall provide a copy of the voucher to
11the sexual assault survivor after discharge upon request.
12    (c) Nothing in this Section creates a physician-patient
13relationship that extends beyond discharge from the hospital,
14or approved pediatric health care facility, or approved
15federally qualified health center.
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 70/5.4)
20    Sec. 5.4. Out-of-state hospitals.
21    (a) Nothing in this Section shall prohibit the transfer of
22a patient in need of medical services from a hospital that has
23been designated as a trauma center by the Department in
24accordance with Section 3.90 of the Emergency Medical Services
25(EMS) Systems Act.

 

 

10200SB3023sam001- 36 -LRB102 22896 CPF 36623 a

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

 

 

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

 

 

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1    absence of sexually transmitted infection; and
2        (3) appropriate medications, including HIV
3    prophylaxis, in accordance with the Centers for Disease
4    Control and Prevention's guidelines.
5    (b) Reimbursable follow-up healthcare is limited to office
6visits with a physician, advanced practice registered nurse,
7or physician assistant within 180 90 days after an initial
8visit for hospital medical forensic services.
9    (c) Nothing in this Section requires a hospital, pediatric
10health care facility, health care professional, laboratory, or
11pharmacy to provide follow-up healthcare to a sexual assault
12survivor.
13    (d) This Section is effective on and after January 1,
142024.
15(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;
16102-674, eff. 11-30-21.)
 
17    (410 ILCS 70/5.5-1)
18    (Section scheduled to be repealed on December 31, 2023)
19    Sec. 5.5-1. Minimum reimbursement requirements for
20follow-up healthcare.
21    (a) Every hospital, pediatric health care facility,
22federally qualified health center, health care professional,
23laboratory, or pharmacy that provides follow-up healthcare to
24a sexual assault survivor, with the consent of the sexual
25assault survivor and as ordered by the attending physician, an

 

 

10200SB3023sam001- 39 -LRB102 22896 CPF 36623 a

1advanced practice registered nurse, or physician assistant
2shall be reimbursed for the follow-up healthcare services
3provided. Follow-up healthcare services include, but are not
4limited to, the following:
5        (1) a physical examination;
6        (2) laboratory tests to determine the presence or
7    absence of sexually transmitted infection; and
8        (3) appropriate medications, including HIV
9    prophylaxis, in accordance with the Centers for Disease
10    Control and Prevention's guidelines.
11    (b) Reimbursable follow-up healthcare is limited to office
12visits with a physician, advanced practice registered nurse,
13or physician assistant within 180 90 days after an initial
14visit for hospital medical forensic services.
15    (c) Nothing in this Section requires a hospital, pediatric
16health care facility, federally qualified health center,
17health care professional, laboratory, or pharmacy to provide
18follow-up healthcare to a sexual assault survivor.
19    (d) This Section is repealed on December 31, 2023.
20(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;
21102-674, eff. 11-30-21.)
 
22    (410 ILCS 70/7.5)
23    Sec. 7.5. Prohibition on billing sexual assault survivors
24directly for certain services; written notice; billing
25protocols.

 

 

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

 

 

10200SB3023sam001- 41 -LRB102 22896 CPF 36623 a

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

 

 

10200SB3023sam001- 42 -LRB102 22896 CPF 36623 a

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

 

 

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1    (d) Within 60 days after the effective date of this
2amendatory Act of the 99th General Assembly, every health care
3professional, except for those employed by a hospital or
4hospital affiliate, as defined in the Hospital Licensing Act,
5or those employed by a hospital operated under the University
6of Illinois Hospital Act, who bills separately for medical or
7forensic services must develop a billing protocol that ensures
8that no survivor of sexual assault will be sent a bill for any
9medical forensic services and submit the billing protocol to
10the Office of the Attorney General for approval. Within 60
11days after the commencement of the provision of medical
12forensic services, every health care professional, except for
13those employed by a hospital or hospital affiliate, as defined
14in the Hospital Licensing Act, or those employed by a hospital
15operated under the University of Illinois Hospital Act, who
16bills separately for medical or forensic services must develop
17a billing protocol that ensures that no survivor of sexual
18assault is sent a bill for any medical forensic services and
19submit the billing protocol to the Attorney General for
20approval. Health care professionals who bill as a legal entity
21may submit a single billing protocol for the billing entity.
22    Within 60 days after the Department's approval of a
23treatment plan, an approved pediatric health care facility and
24any health care professional employed by an approved pediatric
25health care facility must develop a billing protocol that
26ensures that no survivor of sexual assault is sent a bill for

 

 

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

 

 

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1implementation of the protocol could result in the billing of
2a survivor of sexual assault for medical forensic services,
3the Office of the Attorney General shall provide the health
4care professional or approved pediatric health care facility
5with a written statement of the deficiencies in the protocol.
6The health care professional or approved pediatric health care
7facility shall have 30 days to submit a revised billing
8protocol addressing the deficiencies to the Office of the
9Attorney General. The health care professional or approved
10pediatric health care facility shall implement the protocol
11upon approval by the Office of the Attorney General.
12    The health care professional or approved pediatric health
13care facility shall submit any proposed revision to or
14modification of an approved billing protocol to the Office of
15the Attorney General for approval. The health care
16professional or approved pediatric health care facility shall
17implement the revised or modified billing protocol upon
18approval by the Office of the Illinois Attorney General.
19    (e) This Section is effective on and after January 1,
202024.
21(Source: P.A. 101-634, eff. 6-5-20; 101-652, eff. 7-1-21;
22102-22, eff. 6-25-21; 102-674, eff. 11-30-21.)
 
23    (410 ILCS 70/9.5)
24    (Section scheduled to be repealed on January 1, 2024)
25    Sec. 9.5. Sexual Assault Medical Forensic Services

 

 

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1Implementation Task Force.
2    (a) The Sexual Assault Medical Forensic Services
3Implementation Task Force is created to assist hospitals and
4approved pediatric health care facilities with the
5implementation of the changes made by this amendatory Act of
6the l00th General Assembly. The Task Force shall consist of
7the following members, who shall serve without compensation:
8        (1) one member of the Senate appointed by the
9    President of the Senate, who may designate an alternate
10    member;
11        (2) one member of the Senate appointed by the Minority
12    Leader of the Senate, who may designate an alternate
13    member;
14        (3) one member of the House of Representatives
15    appointed by the Speaker of the House of Representatives,
16    who may designate an alternate member;
17        (4) one member of the House of Representatives
18    appointed by the Minority Leader of the House of
19    Representatives, who may designate an alternate member;
20        (5) two members representing the Office of the
21    Attorney General appointed by the Attorney General, one of
22    whom shall be the Sexual Assault Nurse Examiner
23    Coordinator for the State of Illinois;
24        (6) one member representing the Department of Public
25    Health appointed by the Director of Public Health;
26        (7) one member representing the Illinois State Police

 

 

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

 

 

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1    interests of nurses in Illinois;
2        (14) two members representing sexual assault nurse
3    examiners appointed by the head of a statewide
4    organization representing the interests of forensic nurses
5    in Illinois, at least one of whom shall represent
6    pediatric/adolescent sexual assault nurse examiners and at
7    least one of these members shall represent
8    adult/adolescent sexual assault nurse examiners;
9        (15) one member representing State's Attorneys
10    appointed by the head of a statewide organization
11    representing the interests of State's Attorneys in
12    Illinois;
13        (16) three members representing sexual assault
14    survivors appointed by the head of a statewide
15    organization representing the interests of sexual assault
16    survivors and rape crisis centers, at least one of whom
17    shall represent rural rape crisis centers and at least one
18    of whom shall represent urban rape crisis centers; and
19        (17) one member representing children's advocacy
20    centers appointed by the head of a statewide organization
21    representing the interests of children's advocacy centers
22    in Illinois; and .
23        (18) one member representing approved federally
24    qualified health centers appointed by the Director of
25    Public Health.
26    The members representing the Office of the Attorney

 

 

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1General and the Department of Public Health shall serve as
2co-chairpersons of the Task Force. The Office of the Attorney
3General shall provide administrative and other support to the
4Task Force.
5    (b) The first meeting of the Task Force shall be called by
6the co-chairpersons no later than 90 days after the effective
7date of this Section.
8    (c) The goals of the Task Force shall include, but not be
9limited to, the following:
10        (1) to facilitate the development of areawide
11    treatment plans among hospitals and pediatric health care
12    facilities;
13        (2) to facilitate the development of on-call systems
14    of qualified medical providers and assist hospitals with
15    the development of plans to employ or contract with a
16    qualified medical provider to initiate medical forensic
17    services to a sexual assault survivor within 90 minutes of
18    the patient presenting to the hospital as required in
19    subsection (a-7) of Section 5;
20        (3) to identify photography and storage options for
21    hospitals to comply with the photo documentation
22    requirements in Sections 5 and 5.1;
23        (4) to develop a model written agreement for use by
24    rape crisis centers, hospitals, and approved pediatric
25    health care facilities with sexual assault treatment plans
26    to comply with subsection (c) of Section 2;

 

 

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1        (5) to develop and distribute educational information
2    regarding the implementation of this Act to hospitals,
3    health care providers, rape crisis centers, children's
4    advocacy centers, State's Attorney's offices;
5        (6) to examine the role of telemedicine in the
6    provision of medical forensic services under this Act and
7    to develop recommendations for statutory change and
8    standards and procedures for the use of telemedicine to be
9    adopted by the Department;
10        (7) to seek inclusion of the International Association
11    of Forensic Nurses Sexual Assault Nurse Examiner Education
12    Guidelines for nurses within the registered nurse training
13    curriculum in Illinois nursing programs and the American
14    College of Emergency Physicians Management of the Patient
15    with the Complaint of Sexual Assault for emergency
16    physicians within the Illinois residency training
17    curriculum for emergency physicians; and
18        (8) to submit a report to the General Assembly by
19    January 1, 2024 2023 regarding the status of
20    implementation of this amendatory Act of the 100th General
21    Assembly, including, but not limited to, the impact of
22    transfers to out-of-state hospitals on sexual assault
23    survivors and the availability of treatment hospitals in
24    Illinois. The report shall also cover the impact of
25    medical forensic services provided at approved federally
26    qualified health centers on sexual assault survivors. The ;

 

 

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1    the report to the General Assembly shall be filed with the
2    Clerk of the House of Representatives and the Secretary of
3    the Senate in electronic form only, in the manner that the
4    Clerk and the Secretary shall direct.
5    (d) This Section is repealed on January 1, 2025 2024.
6(Source: P.A. 102-538, eff. 8-20-21.)".