(410 ILCS 70/1) (from Ch. 111 1/2, par. 87-1)
Sec. 1.
Short Title.
This Act shall be known and may be cited as the
"Sexual Assault Survivors Emergency Treatment Act".
(Source: P.A. 85-577.)
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(410 ILCS 70/1a) (from Ch. 111 1/2, par. 87-1a)
Sec. 1a. Definitions. (a) In this Act:
"Advanced practice registered nurse" has the meaning provided in Section 50-10 of the Nurse Practice Act. "Ambulance provider" means an individual or entity that owns and operates a business or service using ambulances or emergency medical services vehicles to transport emergency patients.
"Approved pediatric health care facility" means a health care facility, other than a hospital, with a sexual assault treatment plan approved by the Department to provide medical forensic services to sexual assault survivors under the age of 18 who present with a complaint of sexual assault within a minimum of the last 7 days or who have disclosed past sexual assault by a specific individual and were in the care of that individual within a minimum of the last 7 days. "Areawide sexual assault treatment plan" means a plan, developed by hospitals or by hospitals and approved pediatric health care facilities in a community or area to be served, which provides for medical forensic services to sexual assault survivors that shall be made available by each of the participating hospitals and approved pediatric health care facilities.
"Board-certified child abuse pediatrician" means a physician certified by the American Board of Pediatrics in child abuse pediatrics. "Board-eligible child abuse pediatrician" means a physician who has completed the requirements set forth by the American Board of Pediatrics to take the examination for certification in child abuse pediatrics. "Department" means the Department of Public Health.
"Emergency contraception" means medication as approved by the federal Food and Drug Administration (FDA) that can significantly reduce the risk of pregnancy if taken within 72 hours after sexual assault.
"Follow-up healthcare" means healthcare services related to a sexual assault, including laboratory services and pharmacy services, rendered within 180 days of the initial visit for medical forensic services.
"Health care professional" means a physician, a physician assistant, a sexual assault forensic examiner, an advanced practice registered nurse, a registered professional nurse, a licensed practical nurse, or a sexual assault nurse examiner.
"Hospital" means a hospital licensed under the Hospital Licensing Act or operated under the University of Illinois Hospital Act, any outpatient center included in the hospital's sexual assault treatment plan where hospital employees provide medical forensic services, and an out-of-state hospital that has consented to the jurisdiction of the Department under Section 2.06.
"Illinois State Police Sexual Assault Evidence Collection Kit" means a prepackaged set of materials and forms to be used for the collection of evidence relating to sexual assault. The standardized evidence collection kit for the State of Illinois shall be the Illinois State Police Sexual Assault Evidence Collection Kit.
"Law enforcement agency having jurisdiction" means the law enforcement agency in the jurisdiction where an alleged sexual assault or sexual abuse occurred. "Licensed practical nurse" has the meaning provided in Section 50-10 of the Nurse Practice Act. "Medical forensic services" means health care delivered to patients within or under the care and supervision of personnel working in a designated emergency department of a hospital or an approved pediatric health care facility. "Medical forensic services" includes, but is not limited to, taking a medical history, performing photo documentation, performing a physical and anogenital examination, assessing the patient for evidence collection, collecting evidence in accordance with a statewide sexual assault evidence collection program administered by the Illinois State Police using the Illinois State Police Sexual Assault Evidence Collection Kit, if appropriate, assessing the patient for drug-facilitated or alcohol-facilitated sexual assault, providing an evaluation of and care for sexually transmitted infection and human immunodeficiency virus (HIV), pregnancy risk evaluation and care, and discharge and follow-up healthcare planning. "Pediatric health care facility" means a clinic or physician's office that provides medical services to patients under the age of 18. "Pediatric sexual assault survivor" means a person under the age of 13 who presents for medical forensic services in relation to injuries or trauma resulting from a sexual assault. "Photo documentation" means digital photographs or colposcope videos stored and backed up securely in the original file format. "Physician" means a person licensed to practice medicine in all its branches.
"Physician assistant" has the meaning provided in Section 4 of the Physician Assistant Practice Act of 1987. "Prepubescent sexual assault survivor" means a female who is under the age of 18 years and has not had a first menstrual cycle or a male who is under the age of 18 years and has not started to develop secondary sex characteristics who presents for medical forensic services in relation to injuries or trauma resulting from a sexual assault. "Qualified medical provider" means a board-certified child abuse pediatrician, board-eligible child abuse pediatrician, a sexual assault forensic examiner, or a sexual assault nurse examiner who has access to photo documentation tools, and who participates in peer review. "Registered Professional Nurse" has the meaning provided in Section 50-10 of the Nurse Practice Act. "Sexual assault" means: (1) an act of sexual conduct; as used in this | ||
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(2) any act of sexual penetration; as used in this | ||
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"Sexual assault forensic examiner" means a physician or physician assistant who has completed training that meets or is substantially similar to the Sexual Assault Nurse Examiner Education Guidelines established by the International Association of Forensic Nurses. "Sexual assault nurse examiner" means an advanced practice registered nurse or registered professional nurse who has completed a sexual assault nurse examiner training program that meets the Sexual Assault Nurse Examiner Education Guidelines established by the International Association of Forensic Nurses. "Sexual assault services voucher" means a document generated by a hospital or approved pediatric health care facility at the time the sexual assault survivor receives outpatient medical forensic services that may be used to seek payment for any ambulance services, medical forensic services, laboratory services, pharmacy services, and follow-up healthcare provided as a result of the sexual assault. "Sexual assault survivor" means a person who presents for medical forensic services in relation to injuries or trauma resulting from a sexual assault.
"Sexual assault transfer plan" means a written plan developed by a hospital and approved by the Department, which describes the hospital's procedures for transferring sexual assault survivors to another hospital, and an approved pediatric health care facility, if applicable, in order to receive medical forensic services. "Sexual assault treatment plan" means a written plan that describes the procedures and protocols for providing medical forensic services to sexual assault survivors who present themselves for such services, either directly or through transfer from a hospital or an approved pediatric health care facility.
"Transfer hospital" means a hospital with a sexual assault transfer plan approved by the Department. "Transfer services" means the appropriate medical screening examination and necessary stabilizing treatment prior to the transfer of a sexual assault survivor to a hospital or an approved pediatric health care facility that provides medical forensic services to sexual assault survivors pursuant to a sexual assault treatment plan or areawide sexual assault treatment plan.
"Treatment hospital" means a hospital with a sexual assault treatment plan approved by the Department to provide medical forensic services to all sexual assault survivors who present with a complaint of sexual assault within a minimum of the last 7 days or who have disclosed past sexual assault by a specific individual and were in the care of that individual within a minimum of the last 7 days. "Treatment hospital with approved pediatric transfer" means a hospital with a treatment plan approved by the Department to provide medical forensic services to sexual assault survivors 13 years old or older who present with a complaint of sexual assault within a minimum of the last 7 days or who have disclosed past sexual assault by a specific individual and were in the care of that individual within a minimum of the last 7 days. (b) This Section is effective on and after January 1, 2024. (Source: P.A. 102-22, eff. 6-25-21; 102-538, eff. 8-20-21; 102-674, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1097, eff. 1-1-23; 102-1106, eff. 1-1-23; 103-154, eff. 6-30-23.)
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(410 ILCS 70/1a-1) Sec. 1a-1. (Repealed).(Source: P.A. 103-154, eff. 6-30-23. Repealed internally, eff. 12-31-23.) |
(410 ILCS 70/2) (from Ch. 111 1/2, par. 87-2)
Sec. 2. Hospital and approved pediatric health care facility requirements for sexual assault plans.
(a) Every hospital
required to be licensed by the Department pursuant to
the Hospital Licensing Act, or operated under the University of Illinois Hospital Act that provides general medical and surgical hospital services
shall provide either (i) transfer services to all sexual assault survivors, (ii) medical forensic services to all sexual assault survivors, or (iii) transfer services to pediatric sexual assault survivors and medical forensic services to sexual assault survivors 13 years old or older, in accordance with rules adopted by the Department.
In addition, every such hospital, regardless of whether or not a request
is made for reimbursement, shall submit
to the Department a plan to provide either (i) transfer services to all sexual assault survivors, (ii) medical forensic services to all sexual assault survivors, or (iii) transfer services to pediatric sexual assault survivors and medical forensic services to sexual assault survivors 13 years old or older within the time frame established by the Department.
The
Department shall approve such plan for
either (i) transfer services to all sexual assault survivors, (ii) medical forensic services
to all sexual assault survivors, or (iii) transfer services to pediatric sexual assault survivors and medical forensic services to sexual assault survivors 13 years old or older, if it finds that the implementation of
the proposed plan would provide (i) transfer services or (ii) medical forensic services for
sexual assault survivors in accordance with the requirements of this Act and provide sufficient protections from the
risk of pregnancy to
sexual assault survivors. Notwithstanding anything to the contrary in this paragraph, the Department may approve a sexual assault transfer plan for the provision of medical forensic services if: (1) a treatment hospital with approved pediatric | ||
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(2) a treatment hospital has agreed, as a part of an | ||
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The Department may not approve a sexual assault transfer plan unless a treatment hospital has agreed, as a part of an areawide treatment plan, to accept sexual assault survivors from the proposed transfer hospital and a transfer to the treatment hospital would not unduly burden the sexual assault survivor. In counties with a population of less than 1,000,000, the Department may not approve a sexual assault transfer plan for a hospital located within a 20-mile radius of a 4-year public university, not including community colleges, unless there is a treatment hospital with a sexual assault treatment plan approved by the Department within a 20-mile radius of the 4-year public university. A transfer must be in accordance with federal and State laws and local ordinances. A treatment hospital with approved pediatric transfer must submit an areawide treatment plan under Section 3 of this Act that includes a written agreement with a treatment hospital stating that the treatment hospital will provide medical forensic services to pediatric sexual assault survivors transferred from the treatment hospital with approved pediatric transfer. The areawide treatment plan may also include an approved pediatric health care facility. A transfer hospital must submit an areawide treatment plan under Section 3 of this Act that includes a written agreement with a treatment hospital stating that the treatment hospital will provide medical forensic services to all sexual assault survivors transferred from the transfer hospital. The areawide treatment plan may also include an approved pediatric health care facility. Notwithstanding anything to the contrary in this paragraph, the areawide treatment plan may include a written agreement with a treatment hospital with approved pediatric transfer that is geographically closer than other hospitals providing medical forensic services to sexual assault survivors 13 years of age or older stating that the treatment hospital with approved pediatric transfer will provide medical services to sexual assault survivors 13 years of age or older who are transferred from the transfer hospital. If the areawide treatment plan includes a written agreement with a treatment hospital with approved pediatric transfer, it must also include a written agreement with a treatment hospital stating that the treatment hospital will provide medical forensic services to sexual assault survivors under 13 years of age who are transferred from the transfer hospital. Beginning January 1, 2019, each treatment hospital and treatment hospital with approved pediatric transfer shall ensure that emergency department attending physicians, physician assistants, advanced practice registered nurses, and registered professional nurses providing clinical services, who do not meet the definition of a qualified medical provider in Section 1a of this Act, receive a minimum of 2 hours of sexual assault training by July 1, 2020 or until the treatment hospital or treatment hospital with approved pediatric transfer certifies to the Department, in a form and manner prescribed by the Department, that it employs or contracts with a qualified medical provider in accordance with subsection (a-7) of Section 5, whichever occurs first. After July 1, 2020 or once a treatment hospital or a treatment hospital with approved pediatric transfer certifies compliance with subsection (a-7) of Section 5, whichever occurs first, each treatment hospital and treatment hospital with approved pediatric transfer shall ensure that emergency department attending physicians, physician assistants, advanced practice registered nurses, and registered professional nurses providing clinical services, who do not meet the definition of a qualified medical provider in Section 1a of this Act, receive a minimum of 2 hours of continuing education on responding to sexual assault survivors every 2 years. Protocols for training shall be included in the hospital's sexual assault treatment plan. Sexual assault training provided under this subsection may be provided in person or online and shall include, but not be limited to: (1) information provided on the provision of medical | ||
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(2) information on the use of the Illinois Sexual | ||
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(3) information on sexual assault epidemiology, | ||
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(4) information on the hospital's sexual | ||
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The online training made available by the Office of the Attorney General under subsection (b) of Section 10 may be used to comply with this subsection. (a-5) A hospital must submit a plan to provide either (i) transfer services to all sexual assault survivors, (ii) medical forensic services to all sexual assault survivors, or (iii) transfer services to pediatric sexual assault survivors and medical forensic services to sexual assault survivors 13 years old or older as required in subsection (a) of this Section within 60 days of the Department's request. Failure to submit a plan as described in this subsection shall subject a hospital to the imposition of a fine by the Department. The Department may impose a fine of up to $500 per day until the hospital submits a plan as described in this subsection. (a-10) Upon receipt of a plan as described in subsection (a-5), the Department shall notify the hospital whether or not the plan is acceptable. If the Department determines that the plan is unacceptable, the hospital must submit a modified plan within 10 days of service of the notification. If the Department determines that the modified plan is unacceptable, or if the hospital fails to submit a modified plan within 10 days, the Department may impose a fine of up to $500 per day until an acceptable plan has been submitted, as determined by the Department. (b) An approved pediatric health care facility may provide medical forensic services, in accordance with rules adopted by the Department, to all sexual assault survivors under the age of 18 who present for medical forensic services in relation to injuries or trauma resulting from a sexual assault. These services shall be provided by a qualified medical provider. A pediatric health care facility must participate in or submit an areawide treatment plan under Section 3 of this Act that includes a treatment hospital. If a pediatric health care facility does not provide certain medical or surgical services that are provided by hospitals, the areawide sexual assault treatment plan must include a procedure for ensuring a sexual assault survivor in need of such medical or surgical services receives the services at the treatment hospital. The areawide treatment plan may also include a treatment hospital with approved pediatric transfer. The Department shall review a proposed sexual assault treatment plan submitted by a pediatric health care facility within 60 days after receipt of the plan. If the Department finds that the proposed plan meets the minimum requirements set forth in Section 5 of this Act and that implementation of the proposed plan would provide medical forensic services for sexual assault survivors under the age of 18, then the Department shall approve the plan. If the Department does not approve a plan, then the Department shall notify the pediatric health care facility that the proposed plan has not been approved. The pediatric health care facility shall have 30 days to submit a revised plan. The Department shall review the revised plan within 30 days after receipt of the plan and notify the pediatric health care facility whether the revised plan is approved or rejected. A pediatric health care facility may not provide medical forensic services to sexual assault survivors under the age of 18 who present with a complaint of sexual assault within a minimum of the last 7 days or who have disclosed past sexual assault by a specific individual and were in the care of that individual within a minimum of the last 7 days until the Department has approved a treatment plan. If an approved pediatric health care facility is not open 24 hours a day, 7 days a week, it shall post signage at each public entrance to its facility that: (1) is at least 14 inches by 14 inches in size; (2) directs those seeking services as follows: "If | ||
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(3) lists the approved pediatric health care | ||
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(4) lists the street address of the building; (5) has a black background with white bold capital | ||
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(6) is posted clearly and conspicuously on or | ||
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(7) has lighting that is part of the sign itself or | ||
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A copy of the proposed sign must be submitted to the Department and approved as part of the approved pediatric health care facility's sexual assault treatment plan. (c) Each treatment hospital, treatment hospital with approved pediatric transfer, and approved pediatric health care facility must enter into a memorandum of understanding with a rape crisis center for medical advocacy services, if these services are available to the treatment hospital, treatment hospital with approved pediatric transfer, or approved pediatric health care facility. With the consent of the sexual assault survivor, a rape crisis counselor shall remain in the exam room during the collection for forensic evidence. (d) Every treatment hospital, treatment hospital with approved pediatric transfer, and approved pediatric health care facility's sexual assault treatment plan shall include procedures for complying with mandatory reporting requirements pursuant to (1) the Abused and Neglected Child Reporting Act; (2) the Abused and Neglected Long Term Care Facility Residents Reporting Act; (3) the Adult Protective Services Act; and (iv) the Criminal Identification Act. (e) Each treatment hospital, treatment hospital with approved pediatric transfer, and approved pediatric health care facility shall submit to the Department every 6 months, in a manner prescribed by the Department, the following information: (1) The total number of patients who presented with a | ||
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(2) The total number of Illinois Sexual Assault | ||
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(A) offered to (i) all sexual assault survivors | ||
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(B) completed for (i) all sexual assault | ||
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(C) declined by (i) all sexual assault survivors | ||
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This information shall be made available on the Department's website.
(f) This Section is effective on and after January 1, 2024. (Source: P.A. 101-73, eff. 7-12-19; 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21; 102-1106, eff. 1-1-23.)
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(410 ILCS 70/2-1) Sec. 2-1. (Repealed).(Source: P.A. 103-154, eff. 6-30-23. Repealed internally, eff. 12-31-23.) |
(410 ILCS 70/2.05) Sec. 2.05. Department requirements. (a) The Department shall periodically conduct on-site reviews of approved sexual assault treatment plans with hospital and approved pediatric health care facility personnel to ensure that the established procedures are being followed. Department personnel conducting the on-site reviews shall attend 4 hours of sexual assault training conducted by a qualified medical provider that includes, but is not limited to, forensic evidence collection provided to sexual assault survivors of any age and Illinois sexual assault-related laws and administrative rules. (b) On July 1, 2019 and each July 1 thereafter, the Department shall submit a report to the General Assembly containing information on the hospitals and pediatric health care facilities in this State that have submitted a plan to provide: (i) transfer services to all sexual assault survivors, (ii) medical forensic services to all sexual assault survivors, (iii) transfer services to pediatric sexual assault survivors and medical forensic services to sexual assault survivors 13 years old or older, or (iv) medical forensic services to pediatric sexual assault survivors. The Department shall post the report on its Internet website on or before October 1, 2019 and, except as otherwise provided in this Section, update the report every quarter thereafter. The report shall include all of the following: (1) Each hospital and pediatric care facility that | ||
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(2) Each hospital that has failed to submit a plan as | ||
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(3) Each hospital and approved pediatric care | ||
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(4) Each hospital and approved pediatric care | ||
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(5) Each areawide treatment plan submitted to the | ||
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(c) The Department, in consultation with the Office of the Attorney General, shall adopt administrative rules by January 1, 2020 establishing a process for physicians and physician assistants to provide documentation of training and clinical experience that meets or is substantially similar to the Sexual Assault Nurse Examiner Education Guidelines established by the International Association of Forensic Nurses in order to qualify as a sexual assault forensic examiner.
(d) This Section is effective on and after January 1, 2024. (Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21.) |
(410 ILCS 70/2.05-1) Sec. 2.05-1. (Repealed).(Source: P.A. 102-674, eff. 11-30-21. Repealed internally, eff. 12-31-23.) |
(410 ILCS 70/2.06) Sec. 2.06. Consent to jurisdiction. (a) A pediatric health care facility that submits a plan to the Department for approval under Section 2 or an out-of-state hospital that submits an areawide treatment plan in accordance with subsection (b) of Section 5.4 consents to the jurisdiction and oversight of the Department, including, but not limited to, inspections, investigations, and evaluations arising out of complaints relevant to this Act made to the Department. A pediatric health care facility that submits a plan to the Department for approval under Section 2 or an out-of-state hospital that submits an areawide treatment plan in accordance with subsection (b) of Section 5.4 shall be deemed to have given consent to annual inspections, surveys, or evaluations relevant to this Act by properly identified personnel of the Department or by such other properly identified persons, including local health department staff, as the Department may designate. In addition, representatives of the Department shall have access to and may reproduce or photocopy any books, records, and other documents maintained by the pediatric health care facility or the facility's representatives or the out-of-state hospital or the out-of-state hospital's representative to the extent necessary to carry out this Act. No representative, agent, or person acting on behalf of the pediatric health care facility or out-of-state hospital in any manner shall intentionally prevent, interfere with, or attempt to impede in any way any duly authorized investigation and enforcement of this Act. The Department shall have the power to adopt rules to carry out the purpose of regulating a pediatric health care facility or out-of-state hospital. In carrying out oversight of a pediatric health care facility or an out-of-state hospital, the Department shall respect the confidentiality of all patient records, including by complying with the patient record confidentiality requirements set out in Section 6.14b of the Hospital Licensing Act.
(b) This Section is effective on and after January 1, 2024. (Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21.) |
(410 ILCS 70/2.1) (from Ch. 111 1/2, par. 87-2.1)
Sec. 2.1. Plan of correction; penalties.
(a) If the Department surveyor determines that
the hospital or approved pediatric health care facility is not
in compliance with its approved plan, the surveyor shall provide the
hospital or approved pediatric health care facility with a written list of the specific items of noncompliance within
10 working days after the conclusion of the on-site review. The hospital shall have
10 working days to submit to the Department a plan of
correction which
contains the hospital's or approved pediatric health care facility's specific proposals for correcting the items of
noncompliance. The Department shall review the plan of
correction and
notify the hospital in writing within 10 working days as to whether the plan is acceptable
or unacceptable.
If the Department finds the Plan of Correction
unacceptable, the
hospital or approved pediatric health care facility shall have 10 working days to resubmit an acceptable Plan of
Correction. Upon notification that its Plan of Correction is acceptable, a
hospital or approved pediatric health care facility shall implement the Plan of Correction within 60 days.
(b) The failure of a hospital to submit an acceptable Plan of Correction or to implement
the Plan of Correction, within the time frames required in this Section,
will subject a hospital to the imposition of a fine by the Department. The
Department may impose a fine of up to $500 per day
until a hospital
complies with the requirements of this Section. If a hospital submits 2 Plans of Correction that are found to not be acceptable by the Department, the hospital shall become subject to the imposition of a fine by the Department.
If an approved pediatric health care facility fails to submit an acceptable Plan of Correction or to implement the Plan of Correction within the time frames required in this Section, then the Department shall notify the approved pediatric health care facility that the approved pediatric health care facility may not provide medical forensic services under this Act. The Department may impose a fine of up to $500 per patient provided services in violation of this Act. If an approved pediatric facility submits 2 Plans of Correction that are found to not be acceptable by the Department, the approved pediatric health care facility shall become subject to the imposition of a fine by the Department and the termination of its approved sexual assault treatment plan. (c) Before imposing a fine pursuant to this Section, the Department shall
provide the hospital or approved pediatric health care facility via certified mail with written notice and an
opportunity for an administrative hearing. Such hearing must be requested
within 10 working days after receipt of the Department's Notice.
All hearings
shall be conducted in accordance with the Department's
rules
in
administrative hearings.
(d) This Section is effective on and after January 1, 2024. (Source: P.A. 101-81, eff. 7-12-19; 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21; 102-1106, eff. 1-1-23.)
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(410 ILCS 70/2.2)
Sec. 2.2. Emergency contraception.
(a) The General Assembly finds:
(1) Crimes of sexual assault and sexual abuse cause | ||
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(2) Each year over 32,000 women become pregnant in | ||
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(3) As approved for use by the Federal Food and Drug | ||
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(4) By providing emergency contraception to rape | ||
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(b) Every hospital or approved pediatric health care facility providing services to sexual
assault survivors in accordance with a plan approved under Section 2 must
develop a protocol that ensures that each survivor of sexual
assault will receive medically and factually accurate and written and oral
information about emergency contraception; the indications and contraindications
and risks associated with the use of emergency
contraception;
and a description of how and when victims may be provided emergency
contraception at no cost upon
the written order of a physician licensed to practice medicine
in all its branches, a licensed advanced practice registered nurse, or a licensed physician assistant. The Department shall approve the protocol if it finds
that the implementation of the protocol would provide sufficient protection
for survivors of sexual assault.
The hospital or approved pediatric health care facility shall implement the protocol upon approval by the Department.
The Department shall adopt rules and regulations establishing one or more safe
harbor protocols and setting minimum acceptable protocol standards that
hospitals may develop and implement. The Department shall approve any protocol
that meets those standards. The Department may provide a sample acceptable
protocol upon request.
(c) This Section is effective on and after January 1, 2024. (Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21.)
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(410 ILCS 70/2.06-1) Sec. 2.06-1. (Repealed).(Source: P.A. 102-674, eff. 11-30-21. Repealed internally, eff. 12-31-23.) |
(410 ILCS 70/2.1-1) Sec. 2.1-1. (Repealed).(Source: P.A. 102-1106, eff. 1-1-23. Repealed internally, eff. 12-31-23.) |
(410 ILCS 70/2.2-1) Sec. 2.2-1. (Repealed).(Source: P.A. 102-674, eff. 11-30-21. Repealed internally, eff. 12-31-23.) |
(410 ILCS 70/3) (from Ch. 111 1/2, par. 87-3)
Sec. 3. Areawide sexual assault treatment plans; submission. (a) Hospitals and approved pediatric health care facilities in the area to be served may develop and participate in areawide plans that shall describe the medical forensic services to sexual assault survivors that each participating hospital and approved pediatric health care facility has agreed to make available. Each hospital and approved pediatric health care facility participating in such a plan shall provide such services as it is designated to provide in the plan agreed upon by the participants. An areawide plan may include treatment hospitals, treatment hospitals with approved pediatric transfer, transfer hospitals, approved pediatric health care facilities, or out-of-state hospitals as provided in Section 5.4. All areawide plans shall be submitted to the Department for approval, prior to becoming effective. The Department shall approve a proposed plan if it finds that the minimum requirements set forth in Section 5 and implementation of the plan would provide for appropriate medical forensic services for the people of the area to be served.
(b) This Section is effective on and after January 1, 2024. (Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21.)
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(410 ILCS 70/3-1) Sec. 3-1. (Repealed).(Source: P.A. 102-674, eff. 11-30-21. Repealed internally, eff. 12-31-23.) |
(410 ILCS 70/4)
Sec. 4. (Repealed).
(Source: P.A. 90-587, eff. 7-1-98. Repealed by P.A. 95-432, eff. 1-1-08.)
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(410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
Sec. 5. Minimum requirements for medical forensic services provided to sexual assault survivors by hospitals and approved pediatric health care facilities.
(a) Every hospital and approved pediatric health care facility providing medical forensic services to
sexual assault survivors under this Act
shall, as minimum requirements for such services, provide, with the consent
of the sexual assault survivor, and as ordered by the attending
physician, an advanced practice registered nurse, or a physician assistant, the services set forth in subsection (a-5).
A qualified medical provider must provide the services set forth in subsection (a-5). (a-5) A treatment hospital, a treatment hospital with approved pediatric transfer, or an approved pediatric health care facility shall provide the following services in accordance with subsection (a): (1) Appropriate medical forensic services without | ||
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Records of medical forensic services, including | ||
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Records of medical forensic services of sexual | ||
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Records of medical forensic services may only be | ||
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(1.5) An offer to complete the Illinois Sexual | ||
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(A) Appropriate oral and written information | ||
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The information required under this subparagraph | ||
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The written information provided shall be the | ||
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(B) Following the discussion regarding the | ||
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(2) Appropriate oral and written information | ||
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(3) Appropriate oral and written information | ||
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(3.5) After a medical evidentiary or physical | ||
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(4) An amount of medication, including HIV | ||
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(5) Photo documentation of the sexual assault | ||
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(6) Written and oral instructions indicating the need | ||
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(7) Referral by hospital or approved pediatric health | ||
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(8) Medical advocacy services provided by a rape | ||
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(9) Written information regarding services provided | ||
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(10) A treatment hospital, a treatment hospital with | ||
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(11) Written information regarding the Illinois State | ||
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(a-7) Every hospital with a treatment plan approved by the Department shall employ or contract with a qualified medical provider to initiate medical forensic services to a sexual assault survivor within 90 minutes of the patient presenting to the treatment hospital or treatment hospital with approved pediatric transfer. The provision of medical forensic services by a qualified medical provider shall not delay the provision of life-saving medical care. (b) Any person who is a sexual assault survivor who seeks medical forensic services or follow-up healthcare
under this Act shall be provided such services without the consent
of any parent, guardian, custodian, surrogate, or agent. If a sexual assault survivor is unable to consent to medical forensic services, the services may be provided under the Consent by Minors to Health Care Services Act, the Health Care Surrogate Act, or other applicable State and federal laws.
(b-5) Every hospital or approved pediatric health care facility providing medical forensic services to sexual assault survivors shall issue a voucher to any sexual assault survivor who is eligible to receive one in accordance with Section 5.2 of this Act. The hospital shall make a copy of the voucher and place it in the medical record of the sexual assault survivor. The hospital shall provide a copy of the voucher to the sexual assault survivor after discharge upon request. (c) Nothing in this Section creates a physician-patient relationship that extends beyond discharge from the hospital or approved pediatric health care facility.
(d) This Section is effective on and after January 1, 2024. (Source: P.A. 101-81, eff. 7-12-19; 101-377, eff. 8-16-19; 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-538, eff. 8-20-21; 102-674, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1106, eff. 1-1-23.)
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(410 ILCS 70/5-1) Sec. 5-1. (Repealed).(Source: P.A. 103-154, eff. 6-30-23. Repealed internally, eff. 12-31-23.) |
(410 ILCS 70/5.1) Sec. 5.1. Storage, retention, and dissemination of photo documentation relating to medical forensic services. (a) Photo documentation taken during a medical forensic examination shall be maintained by the hospital or approved pediatric health care facility as part of the patient's medical record. Photo documentation shall be stored and backed up securely in its original file format in accordance with facility protocol. The facility protocol shall require limited access to the images and be included in the sexual assault treatment plan submitted to the Department. Photo documentation of a sexual assault survivor under the age of 18 shall be retained for a period of 60 years after the sexual assault survivor reaches the age of 18. Photo documentation of a sexual assault survivor 18 years of age or older shall be retained for a period of 20 years after the record was created. Photo documentation of the sexual assault survivor's injuries, anatomy involved in the assault, or other visible evidence on the sexual assault survivor's body may be used for peer review, expert second opinion, or in a criminal proceeding against a person accused of sexual assault, a proceeding under the Juvenile Court Act of 1987, or in an investigation under the Abused and Neglected Child Reporting Act. Any dissemination of photo documentation, including for peer review, an expert second opinion, or in any court or administrative proceeding or investigation, must be in accordance with State and federal law.
(b) This Section is effective on and after January 1, 2024. (Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21.) |
(410 ILCS 70/5.1-1) Sec. 5.1-1. (Repealed).(Source: P.A. 102-674, eff. 11-30-21. Repealed internally, eff. 12-31-23.) |
(410 ILCS 70/5.2) Sec. 5.2. Sexual assault services voucher. (a) A sexual assault services voucher shall be issued by a treatment hospital, treatment hospital with approved pediatric transfer, or approved pediatric health care facility at the time a sexual assault survivor receives medical forensic services. (b) Each treatment hospital, treatment hospital with approved pediatric transfer, and approved pediatric health care facility must include in its sexual assault treatment plan submitted to the Department in accordance with Section 2 of this Act a protocol for issuing sexual assault services vouchers. The protocol shall, at a minimum, include the following: (1) Identification of employee positions responsible | ||
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(2) Identification of employee positions with access | ||
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(3) A statement to be signed by each employee of an | ||
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(c) A sexual assault services voucher may be used to seek payment for any ambulance services, medical forensic services, laboratory services, pharmacy services, and follow-up healthcare provided as a result of the sexual assault. (d) Any treatment hospital, treatment hospital with approved pediatric transfer, approved pediatric health care facility, health care professional, ambulance provider, laboratory, or pharmacy may submit a bill for services provided to a sexual assault survivor as a result of a sexual assault to the Department of Healthcare and Family Services Sexual Assault Emergency Treatment Program. The bill shall include: (1) the name and date of birth of the sexual assault | ||
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(2) the service provided; (3) the charge of service; (4) the date the service was provided; and (5) the recipient identification number, if known. A health care professional, ambulance provider, laboratory, or pharmacy is not required to submit a copy of the sexual assault services voucher. The Department of Healthcare and Family Services Sexual Assault Emergency Treatment Program shall electronically verify, using the Medical Electronic Data Interchange or a successor system, that a sexual assault services voucher was issued to a sexual assault survivor prior to issuing payment for the services. If a sexual assault services voucher was not issued to a sexual assault survivor by the treatment hospital, treatment hospital with approved pediatric transfer, or approved pediatric health care facility, then a health care professional, ambulance provider, laboratory, or pharmacy may submit a request to the Department of Healthcare and Family Services Sexual Assault Emergency Treatment Program to issue a sexual assault services voucher.
(e) This Section is effective on and after January 1, 2024. (Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21.) |
(410 ILCS 70/5.2-1) Sec. 5.2-1. (Repealed).(Source: P.A. 102-674, eff. 11-30-21. Repealed internally, eff. 12-31-23.) |
(410 ILCS 70/5.3) Sec. 5.3. Pediatric sexual assault care. (a) The General Assembly finds: (1) Pediatric sexual assault survivors can suffer | ||
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(2) Sexual abuse against the pediatric population is | ||
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(3) Pediatric sexual assault survivors throughout | ||
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(4) There is a need in Illinois to increase the | ||
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(b) If a medically stable pediatric sexual assault survivor presents at a transfer hospital or treatment hospital with approved pediatric transfer that has a plan approved by the Department requesting medical forensic services, then the hospital emergency department staff shall contact an approved pediatric health care facility, if one is designated in the hospital's plan. If the transferring hospital confirms that medical forensic services can be initiated within 90 minutes of the patient's arrival at the approved pediatric health care facility following an immediate transfer, then the hospital emergency department staff shall notify the patient and non-offending parent or legal guardian that the patient will be transferred for medical forensic services and shall provide the patient and non-offending parent or legal guardian the option of being transferred to the approved pediatric health care facility or the treatment hospital designated in the hospital's plan. The pediatric sexual assault survivor may be transported by ambulance, law enforcement, or personal vehicle. If medical forensic services cannot be initiated within 90 minutes of the patient's arrival at the approved pediatric health care facility, there is no approved pediatric health care facility designated in the hospital's plan, or the patient or non-offending parent or legal guardian chooses to be transferred to a treatment hospital, the hospital emergency department staff shall contact a treatment hospital designated in the hospital's plan to arrange for the transfer of the patient to the treatment hospital for medical forensic services, which are to be initiated within 90 minutes of the patient's arrival at the treatment hospital. The treatment hospital shall provide medical forensic services and may not transfer the patient to another facility. The pediatric sexual assault survivor may be transported by ambulance, law enforcement, or personal vehicle. (c) If a medically stable pediatric sexual assault survivor presents at a treatment hospital that has a plan approved by the Department requesting medical forensic services, then the hospital emergency department staff shall contact an approved pediatric health care facility, if one is designated in the treatment hospital's areawide treatment plan. If medical forensic services can be initiated within 90 minutes after the patient's arrival at the approved pediatric health care facility following an immediate transfer, the hospital emergency department staff shall provide the patient and non-offending parent or legal guardian the option of having medical forensic services performed at the treatment hospital or at the approved pediatric health care facility. If the patient or non-offending parent or legal guardian chooses to be transferred, the pediatric sexual assault survivor may be transported by ambulance, law enforcement, or personal vehicle. If medical forensic services cannot be initiated within 90 minutes after the patient's arrival to the approved pediatric health care facility, there is no approved pediatric health care facility designated in the hospital's plan, or the patient or non-offending parent or legal guardian chooses not to be transferred, the hospital shall provide medical forensic services to the patient. (d) If a pediatric sexual assault survivor presents at an approved pediatric health care facility requesting medical forensic services or the facility is contacted by law enforcement or the Department of Children and Family Services requesting medical forensic services for a pediatric sexual assault survivor, the services shall be provided at the facility if the medical forensic services can be initiated within 90 minutes after the patient's arrival at the facility. If medical forensic services cannot be initiated within 90 minutes after the patient's arrival at the facility, then the patient shall be transferred to a treatment hospital designated in the approved pediatric health care facility's plan for medical forensic services. The pediatric sexual assault survivor may be transported by ambulance, law enforcement, or personal vehicle.
(e) This Section is effective on and after January 1, 2024. (Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21.) |
(410 ILCS 70/5.3-1) Sec. 5.3-1. (Repealed).(Source: P.A. 102-674, eff. 11-30-21. Repealed internally, eff. 12-31-23.) |
(410 ILCS 70/5.4) Sec. 5.4. Out-of-state hospitals. (a) Nothing in this Section shall prohibit the transfer of a patient in need of medical services from a hospital that has been designated as a trauma center by the Department in accordance with Section 3.90 of the Emergency Medical Services (EMS) Systems Act. (b) A transfer hospital, treatment hospital with approved pediatric transfer, or approved pediatric health care facility may transfer a sexual assault survivor to an out-of-state hospital that is located in a county that borders Illinois if the out-of-state hospital: (1) submits an areawide treatment plan approved by the Department; and (2) has certified the following to the Department in a form and manner prescribed by the Department that the out-of-state hospital will: (i) consent to the jurisdiction of the Department in | ||
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(ii) comply with all requirements of this Act | ||
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(iii) use an Illinois State Police Sexual Assault | ||
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(iv) ensure its staff cooperates with Illinois law | ||
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(v) provide appropriate transportation upon the | ||
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(c) Subsection (b) of this Section is inoperative on and after January 1, 2029.
(Source: P.A. 102-1097, eff. 1-1-23; 102-1106, eff. 1-1-23; 103-154, eff. 6-30-23.) |
(410 ILCS 70/5.5) Sec. 5.5. Minimum reimbursement requirements for follow-up healthcare. (a) Every hospital, pediatric health care facility, health care professional, laboratory, or pharmacy that provides follow-up healthcare to a sexual assault survivor, with the consent of the sexual assault survivor and as ordered by the attending physician, an advanced practice registered nurse, or physician assistant shall be reimbursed for the follow-up healthcare services provided. Follow-up healthcare services include, but are not limited to, the following: (1) a physical examination; (2) laboratory tests to determine the presence or | ||
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(3) appropriate medications, including HIV | ||
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(b) Reimbursable follow-up healthcare is limited to office visits with a physician, advanced practice registered nurse, or physician assistant within 180 days after an initial visit for hospital medical forensic services. (c) Nothing in this Section requires a hospital, pediatric health care facility, health care professional, laboratory, or pharmacy to provide follow-up healthcare to a sexual assault survivor.
(d) This Section is effective on and after January 1, 2024. (Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21; 102-1097, eff. 1-1-23.) |
(410 ILCS 70/5.5-1) Sec. 5.5-1. (Repealed).(Source: P.A. 102-1097, eff. 1-1-23. Repealed internally, eff. 12-31-23.) |
(410 ILCS 70/6)
Sec. 6. (Repealed).
(Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 95-432, eff. 1-1-08.)
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(410 ILCS 70/6.1) (from Ch. 111 1/2, par. 87-6.1)
Sec. 6.1. Minimum standards. (a) The Department shall
prescribe minimum standards, rules, and
regulations necessary
to implement this Act and the changes made by this amendatory Act of the 100th General Assembly, which shall apply to every hospital
required to be licensed by the Department that provides general medical and surgical hospital services and to every approved pediatric health care facility.
Such standards shall include, but not be limited to, a
uniform system for recording results of medical examinations
and all diagnostic tests performed in connection therewith to
determine the condition and necessary treatment of
sexual assault survivors, which results shall be preserved in a
confidential manner as part of the hospital's or approved pediatric health care facility's record of the sexual assault survivor.
(b) This Section is effective on and after January 1, 2024. (Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21.)
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(410 ILCS 70/6.1-1) Sec. 6.1-1. (Repealed).(Source: P.A. 102-674, eff. 11-30-21. Repealed internally, eff. 12-31-23.) |
(410 ILCS 70/6.2) (from Ch. 111 1/2, par. 87-6.2)
Sec. 6.2. Assistance and grants. (a) The Department shall
assist in the development and operation
of programs which provide medical forensic services to sexual assault
survivors, and, where necessary, to provide grants to hospitals and approved pediatric health care facilities for
this purpose.
(b) This Section is effective on and after January 1, 2024. (Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21.)
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(410 ILCS 70/6.2-1) Sec. 6.2-1. (Repealed).(Source: P.A. 102-674, eff. 11-30-21. Repealed internally, eff. 12-31-23.) |
(410 ILCS 70/6.3)
Sec. 6.3. (Repealed).
(Source: P.A. 85-577. Repealed by P.A. 95-432, eff. 1-1-08.)
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(410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4)
Sec. 6.4. Sexual assault evidence collection program.
(a) There is created a statewide sexual assault evidence collection program
to facilitate the prosecution of persons accused of sexual assault. This
program shall be administered by the Illinois
State Police. The program shall
consist of the following: (1) distribution of sexual assault evidence
collection kits which have been approved by the Illinois
State Police to hospitals and approved pediatric health care facilities that request them, or arranging for
such distribution by the manufacturer of the kits, (2) collection of the kits
from hospitals and approved pediatric health care facilities after the kits have been used to collect
evidence, (3) analysis of the collected evidence and conducting of laboratory
tests, (4) maintaining the chain of custody and safekeeping of the evidence
for use in a legal proceeding, and (5) the comparison of the collected evidence with the genetic marker grouping analysis information maintained by the Illinois State Police under Section 5-4-3 of the Unified Code of Corrections and with the information contained in the Federal Bureau of Investigation's National DNA database; provided the amount and quality of genetic marker grouping results obtained from the evidence in the sexual assault case meets the requirements of both the Illinois State Police and the Federal Bureau of Investigation's Combined DNA Index System (CODIS) policies. The standardized evidence collection kit for
the State of Illinois shall be the Illinois State Police Sexual Assault Evidence Kit and shall include a written consent form authorizing law enforcement to test the sexual assault evidence and to provide law enforcement with details of the sexual assault.
(a-5) (Blank).
(b) The Illinois State Police shall administer a program to train hospital and approved pediatric health care facility personnel participating in the sexual assault evidence collection
program, in the correct use and application of the sexual assault evidence
collection kits. The Department
shall
cooperate with the Illinois State Police in this
program as it pertains to medical aspects of the evidence collection.
(c) (Blank).
(d) This Section is effective on and after January 1, 2024. (Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-538, eff. 8-20-21; 102-674, eff. 11-30-21; 102-813, eff. 5-13-22.)
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(410 ILCS 70/6.4-1) Sec. 6.4-1. (Repealed).(Source: P.A. 102-674, eff. 11-30-21. Repealed internally, eff. 12-31-23.) |
(410 ILCS 70/6.5) Sec. 6.5. Written consent to the release of sexual assault evidence for testing. (a) Upon the completion of medical forensic services, the health care professional providing the medical forensic services shall provide the patient the opportunity to sign a written consent to allow law enforcement to submit the sexual assault evidence for testing, if collected. The written consent shall be on a form included in the sexual assault evidence collection kit and posted on the Illinois State Police website. The consent form shall include whether the survivor consents to the release of information about the sexual assault to law enforcement. (1) A survivor 13 years of age or older may sign the | ||
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(2) If the survivor is a minor who is under 13 years | ||
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(3) If the survivor is an adult who has a guardian of | ||
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(4) Any health care professional or health care | ||
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(b) The hospital or approved pediatric health care facility shall keep a copy of a signed or unsigned written consent form in the patient's medical record. (c) If a written consent to allow law enforcement to hold the sexual assault evidence is signed at the completion of medical forensic services, the hospital or approved pediatric health care facility shall include the following information in its discharge instructions: (1) the sexual assault evidence will be stored for 10 | ||
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(2) a person authorized to consent to the testing of | ||
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(3) the name, address, and phone number of the law | ||
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(4) the name and phone number of a local rape crisis | ||
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(d) This Section is effective on and after January 1, 2024. (Source: P.A. 101-81, eff. 7-12-19; 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21.) |
(410 ILCS 70/6.5-1) Sec. 6.5-1. (Repealed).(Source: P.A. 102-674, eff. 11-30-21. Repealed internally, eff. 12-31-23.) |
(410 ILCS 70/6.6) Sec. 6.6. Submission of sexual assault evidence. (a) As soon as practicable, but in no event more than 4 hours after the completion of medical forensic services, the hospital or approved pediatric health care facility shall make reasonable efforts to determine the law enforcement agency having jurisdiction where the sexual assault occurred, if sexual assault evidence was collected. The hospital or approved pediatric health care facility may obtain the name of the law enforcement agency with jurisdiction from the local law enforcement agency. (b) Within 4 hours after the completion of medical forensic services, the hospital or approved pediatric health care facility shall notify the law enforcement agency having jurisdiction that the hospital or approved pediatric health care facility is in possession of sexual assault evidence and the date and time the collection of evidence was completed. The hospital or approved pediatric health care facility shall document the notification in the patient's medical records and shall include the agency notified, the date and time of the notification and the name of the person who received the notification. This notification to the law enforcement agency having jurisdiction satisfies the hospital's or approved pediatric health care facility's requirement to contact its local law enforcement agency under Section 3.2 of the Criminal Identification Act. (c) If the law enforcement agency having jurisdiction has not taken physical custody of sexual assault evidence within 5 days of the first contact by the hospital or approved pediatric health care facility, the hospital or approved pediatric health care facility shall renotify the law enforcement agency having jurisdiction that the hospital or approved pediatric health care facility is in possession of sexual assault evidence and the date the sexual assault evidence was collected. The hospital or approved pediatric health care facility shall document the renotification in the patient's medical records and shall include the agency notified, the date and time of the notification and the name of the person who received the notification. (d) If the law enforcement agency having jurisdiction has not taken physical custody of the sexual assault evidence within 10 days of the first contact by the hospital or approved pediatric health care facility and the hospital or approved pediatric health care facility has provided renotification under subsection (c) of this Section, the hospital or approved pediatric health care facility shall contact the State's Attorney of the county where the law enforcement agency having jurisdiction is located. The hospital or approved pediatric health care facility shall inform the State's Attorney that the hospital or approved pediatric health care facility is in possession of sexual assault evidence, the date the sexual assault evidence was collected, the law enforcement agency having jurisdiction, the dates, times and names of persons notified under subsections (b) and (c) of this Section. The notification shall be made within 14 days of the collection of the sexual assault evidence.
(e) This Section is effective on and after January 1, 2024. (Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21.) |
(410 ILCS 70/6.6-1) Sec. 6.6-1. (Repealed).(Source: P.A. 102-674, eff. 11-30-21. Repealed internally, eff. 12-31-23.) |
(410 ILCS 70/7)
Sec. 7. Reimbursement. (a) A hospital, approved pediatric health care facility, or health care professional furnishing medical forensic services, an ambulance provider furnishing transportation to a sexual assault survivor, a hospital, health care professional, or laboratory providing follow-up healthcare, or a pharmacy dispensing prescribed medications to any sexual assault survivor shall furnish such services or medications to that person without charge and shall seek payment as follows: (1) If a sexual assault survivor is eligible to | ||
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(2) If a sexual assault survivor is covered by one | ||
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(3) If a sexual assault survivor (i) is neither | ||
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(4) If a sexual assault survivor presents a sexual | ||
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(b) Nothing in this Section precludes a hospital, health care provider, ambulance provider, laboratory, or pharmacy from billing the sexual assault survivor or any applicable health insurance or coverage for inpatient services. (b-5) Medical forensic services furnished by a person or entity described under subsection (a) to any sexual assault survivor on or after July 1, 2022 that are required under this Act to be reimbursed by the Department of Healthcare and Family Services, the Illinois Sexual Assault Emergency Treatment Program under the Department of Healthcare and Family Services, or the appropriate Medicaid managed care organization shall be reimbursed at a rate of at least $1,000. (c) (Blank). (d) (Blank). (e) The Department of Healthcare and Family Services shall establish standards, rules, and regulations to implement this Section.
(f) This Section is effective on and after January 1, 2024. (Source: P.A. 102-22, eff. 6-25-21; 102-674, eff. 11-30-21; 102-699, Article 30, Section 30-5, eff. 4-19-22; 102-699, Article 35, Section 35-5 (See Section 99-99 of P.A. 102-699 and Section 99 of P.A. 102-1097 regarding the effective date of changes made in Article 35 of P.A. 102-699); 103-154, eff. 6-30-23.) |
(410 ILCS 70/7-1) Sec. 7-1. (Repealed).(Source: P.A. 103-154, eff. 6-30-23. Repealed internally, eff. 12-31-23.) |
(410 ILCS 70/7.5) Sec. 7.5. Prohibition on billing sexual assault survivors directly for certain services; written notice; billing protocols. (a) A hospital, approved pediatric health care facility, health care professional, ambulance provider, laboratory, or pharmacy furnishing medical forensic services, transportation, follow-up healthcare, or medication to a sexual assault survivor shall not: (1) charge or submit a bill for any portion of the | ||
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(2) communicate with, harass, or intimidate the | ||
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(3) refer a bill to a collection agency or attorney | ||
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(4) contact or distribute information to affect the | ||
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(5) take any other action adverse to the sexual | ||
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(a-5) Notwithstanding any other provision of law, including, but not limited to, subsection (a), a sexual assault survivor who is not the subscriber or primary policyholder of the sexual assault survivor's insurance policy may opt out of billing the sexual assault survivor's private insurance
provider.
If the sexual assault survivor opts out of billing the sexual assault survivor's private insurance provider, then the bill for medical forensic services shall be sent to the Department of Healthcare and Family Services' Sexual Assault Emergency Treatment Program for reimbursement for the services provided to the sexual assault survivor. (b) Nothing in this Section precludes a hospital, health care provider, ambulance provider, laboratory, or pharmacy from billing the sexual assault survivor or any applicable health insurance or coverage for inpatient services. (c) Every hospital and approved pediatric health care facility providing treatment services to sexual assault survivors in accordance with a plan approved under Section 2 of this Act shall provide a written notice to a sexual assault survivor. The written notice must include, but is not limited to, the following: (1) a statement that the sexual assault survivor | ||
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(2) a statement that a sexual assault survivor who is | ||
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(3) a statement that prior to leaving the hospital or | ||
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(4) the definition of "follow-up healthcare" as set | ||
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(5) a phone number the sexual assault survivor may | ||
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(6) the toll-free phone number of the Office of the | ||
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This subsection (c) shall not apply to hospitals that provide transfer services as defined under Section 1a of this Act. (d) Within 60 days after the effective date of this amendatory Act of the 99th General Assembly, every health care professional, except for those employed by a hospital or hospital affiliate, as defined in the Hospital Licensing Act, or those employed by a hospital operated under the University of Illinois Hospital Act, who bills separately for medical or forensic services must develop a billing protocol that ensures that no survivor of sexual assault will be sent a bill for any medical forensic services and submit the billing protocol to the Office of the Attorney General for approval. Within 60 days after the commencement of the provision of medical forensic services, every health care professional, except for those employed by a hospital or hospital affiliate, as defined in the Hospital Licensing Act, or those employed by a hospital operated under the University of Illinois Hospital Act, who bills separately for medical or forensic services must develop a billing protocol that ensures that no survivor of sexual assault is sent a bill for any medical forensic services and submit the billing protocol to the Attorney General for approval. Health care professionals who bill as a legal entity may submit a single billing protocol for the billing entity. Within 60 days after the Department's approval of a treatment plan, an approved pediatric health care facility and any health care professional employed by an approved pediatric health care facility must develop a billing protocol that ensures that no survivor of sexual assault is sent a bill for any medical forensic services and submit the billing protocol to the Office of the Attorney General for approval. The billing protocol must include at a minimum: (1) a description of training for persons who prepare | ||
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(2) a written acknowledgement signed by a person who | ||
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(3) prohibitions on submitting any bill for any | ||
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(4) prohibitions on taking any action that would | ||
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(5) the termination of all collection activities if | ||
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(6) the actions to be taken if a bill is sent to a | ||
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The Office of the Attorney General may provide a sample acceptable billing protocol upon request. The Office of the Attorney General shall approve a proposed protocol if it finds that the implementation of the protocol would result in no survivor of sexual assault being billed or sent a bill for medical forensic services. If the Office of the Attorney General determines that implementation of the protocol could result in the billing of a survivor of sexual assault for medical forensic services, the Office of the Attorney General shall provide the health care professional or approved pediatric health care facility with a written statement of the deficiencies in the protocol. The health care professional or approved pediatric health care facility shall have 30 days to submit a revised billing protocol addressing the deficiencies to the Office of the Attorney General. The health care professional or approved pediatric health care facility shall implement the protocol upon approval by the Office of the Attorney General. The health care professional or approved pediatric health care facility shall submit any proposed revision to or modification of an approved billing protocol to the Office of the Attorney General for approval. The health care professional or approved pediatric health care facility shall implement the revised or modified billing protocol upon approval by the Office of the Illinois Attorney General.
(e) This Section is effective on and after January 1, 2024. (Source: P.A. 101-634, eff. 6-5-20; 101-652, eff. 7-1-21; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21; 102-1097, eff. 1-1-23.) |
(410 ILCS 70/7.5-1) Sec. 7.5-1. (Repealed).(Source: P.A. 102-1097, eff. 1-1-23. Repealed internally, eff. 12-31-23.) |
(410 ILCS 70/8) (from Ch. 111 1/2, par. 87-8)
Sec. 8. Penalties. (a) Any hospital or approved pediatric health care facility violating any provisions of this Act other than Section 7.5
shall be guilty of a petty offense for each violation, and any fine imposed
shall be paid into the general corporate funds of the city, incorporated
town or village in which the hospital or approved pediatric health care facility is located, or of the county, in case
such hospital is outside the limits of any incorporated municipality.
(b) The Attorney General may seek the assessment of one or more of the following civil monetary penalties in any action filed under this Act where the hospital, approved pediatric health care facility, health care professional, ambulance provider, laboratory, or pharmacy knowingly violates Section 7.5 of the Act: (1) For willful violations of paragraphs (1), (2), | ||
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(2) For violations of paragraphs (1), (2), (4), or | ||
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(3) For violations of paragraph (3) of subsection (a) | ||
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(4) For violations involving the failure to submit | ||
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All civil monetary penalties shall be deposited into the Violent Crime Victims Assistance Fund. (c) This Section is effective on and after January 1, 2024. (Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21.)
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(410 ILCS 70/8-1) Sec. 8-1. (Repealed).(Source: P.A. 102-674, eff. 11-30-21. Repealed internally, eff. 12-31-23.) |
(410 ILCS 70/8.5) Sec. 8.5. Complaints. The Department shall implement a complaint system through which the Department may receive complaints of violations of this Act. The Department may use an existing complaint system to fulfill the requirements of this Section.
(Source: P.A. 94-762, eff. 5-12-06.) |
(410 ILCS 70/9)
Sec. 9. (Repealed).
(Source: P.A. 100-775, eff. 1-1-19. Repealed by P.A. 101-13, eff. 6-12-19.)
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(410 ILCS 70/9.5) Sec. 9.5. (Repealed).(Source: P.A. 103-154, eff. 6-30-23. Repealed internally, eff. 1-1-25.) |
(410 ILCS 70/10) Sec. 10. Sexual Assault Nurse Examiner Program. (a) The Sexual Assault Nurse Examiner Program is established within the Office of the Attorney General. The Sexual Assault Nurse Examiner Program shall maintain a list of sexual assault nurse examiners who have completed didactic and clinical training requirements consistent with the Sexual Assault Nurse Examiner Education Guidelines established by the International Association of Forensic Nurses. (b) By March 1, 2019, the Sexual Assault Nurse Examiner Program shall develop and make available to hospitals 2 hours of online sexual assault training for emergency department clinical staff to meet the training requirement established in subsection (a) of Section 2. Notwithstanding any other law regarding ongoing licensure requirements, such training shall count toward the continuing medical education and continuing nursing education credits for physicians, physician assistants, advanced practice registered nurses, and registered professional nurses. The Sexual Assault Nurse Examiner Program shall provide didactic and clinical training opportunities consistent with the Sexual Assault Nurse Examiner Education Guidelines established by the International Association of Forensic Nurses, in sufficient numbers and geographical locations across the State, to assist hospitals with training the necessary number of sexual assault nurse examiners to comply with the requirement of this Act to employ or contract with a qualified medical provider to initiate medical forensic services to a
sexual assault survivor within 90 minutes of the patient
presenting to the hospital as required in subsection (a-7) of Section 5. The Sexual Assault Nurse Examiner Program shall assist hospitals in establishing trainings to achieve the requirements of this Act. For the purpose of providing continuing medical education credit in accordance with the Medical Practice Act of 1987 and administrative rules adopted under the Medical Practice Act of 1987 and continuing education credit in accordance with the Nurse Practice Act and administrative rules adopted under the Nurse Practice Act to health care professionals for the completion of sexual assault training provided by the Sexual Assault Nurse Examiner Program under this Act, the Office of the Attorney General shall be considered a State agency. (c) The Sexual Assault Nurse Examiner Program, in consultation with qualified medical providers, shall create uniform materials that all
treatment hospitals, treatment hospitals with approved pediatric transfer, and approved pediatric health care facilities are
required to give patients and non-offending parents or legal
guardians, if applicable, regarding the medical forensic exam
procedure, laws regarding consenting to medical forensic
services, and the benefits and risks of evidence collection,
including recommended time frames for evidence collection
pursuant to evidence-based research. These materials shall be
made available to all hospitals and approved pediatric health
care facilities on the Office of the Attorney General's
website.
(d) This Section is effective on and after January 1, 2024. (Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-674, eff. 11-30-21.) |
(410 ILCS 70/10-1) Sec. 10-1. (Repealed).(Source: P.A. 102-674, eff. 11-30-21. Repealed internally, eff. 12-31-23.) |