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

SB3023enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB3023 EnrolledLRB102 22896 CPF 32049 b

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

 

 

SB3023 Enrolled- 2 -LRB102 22896 CPF 32049 b

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

 

 

SB3023 Enrolled- 3 -LRB102 22896 CPF 32049 b

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

 

 

SB3023 Enrolled- 4 -LRB102 22896 CPF 32049 b

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

 

 

SB3023 Enrolled- 5 -LRB102 22896 CPF 32049 b

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

 

 

SB3023 Enrolled- 6 -LRB102 22896 CPF 32049 b

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

 

 

SB3023 Enrolled- 7 -LRB102 22896 CPF 32049 b

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

 

 

SB3023 Enrolled- 8 -LRB102 22896 CPF 32049 b

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

 

 

SB3023 Enrolled- 9 -LRB102 22896 CPF 32049 b

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

 

 

SB3023 Enrolled- 10 -LRB102 22896 CPF 32049 b

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

 

 

SB3023 Enrolled- 11 -LRB102 22896 CPF 32049 b

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

 

 

SB3023 Enrolled- 12 -LRB102 22896 CPF 32049 b

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

 

 

SB3023 Enrolled- 13 -LRB102 22896 CPF 32049 b

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

 

 

SB3023 Enrolled- 14 -LRB102 22896 CPF 32049 b

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

 

 

SB3023 Enrolled- 15 -LRB102 22896 CPF 32049 b

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

 

 

SB3023 Enrolled- 16 -LRB102 22896 CPF 32049 b

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

 

 

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

 

 

SB3023 Enrolled- 18 -LRB102 22896 CPF 32049 b

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

 

 

SB3023 Enrolled- 19 -LRB102 22896 CPF 32049 b

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

 

 

SB3023 Enrolled- 20 -LRB102 22896 CPF 32049 b

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

 

 

SB3023 Enrolled- 21 -LRB102 22896 CPF 32049 b

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

 

 

SB3023 Enrolled- 22 -LRB102 22896 CPF 32049 b

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

 

 

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

 

 

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1provider or (ii) until the federally qualified health care
2center certifies to the Department, in a form and manner
3prescribed by the Department, that it employs or contracts
4with a qualified medical provider in accordance with
5subsection (a-7) of Section 5-1, whichever occurs first. If
6the treatment plan is terminated, the federally qualified
7health center must submit to the Department for approval,
8before providing medical forensic services, a new treatment
9plan and a list of qualified medical providers to ensure
10coverage for the days and hours of operation.
11    A federally qualified health center must employ a Sexual
12Assault Nurse Examiner Coordinator who is a qualified medical
13provider and a Medical Director who is a qualified medical
14provider.
15    A federally qualified health center must participate in or
16submit an areawide treatment plan under Section 3-1 of this
17Act that includes a treatment hospital. If a federally
18qualified health center does not provide certain medical or
19surgical services that are provided by hospitals, the areawide
20sexual assault treatment plan must include a procedure for
21ensuring a sexual assault survivor in need of such medical or
22surgical services receives the services at the treatment
23hospital. The areawide treatment plan may also include a
24treatment hospital with approved pediatric transfer or an
25approved pediatric health care facility. An approved federally
26qualified health center must report each instance that a

 

 

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1sexual assault survivor is transferred to a treatment
2hospital, treatment hospital with approved pediatric transfer,
3or an approved pediatric health care facility to the
4Department within 24 hours of the transfer, in a form and
5manner prescribed by the Department, including the reason for
6the transfer.
7    The Department shall review a proposed sexual assault
8treatment plan submitted by a federally qualified health
9center within 14 days after receipt of the plan. The If the
10Department shall approve the proposed sexual assault treatment
11plan if it finds that the proposed plan:
12        (1) meets the minimum requirements set forth in
13    Section 5-1;
14        (2) and that implementation of the proposed plan would
15    provide medical forensic services for sexual assault
16    survivors 13 years old or older on-site during the
17    approved federally qualified health center's hours of
18    operation; and
19        (3) includes an emergency protocol for sexual assault
20    survivors 13 years old or older to be transferred to a
21    treatment hospital or treatment hospital with approved
22    pediatric transfer to receive medical forensic services if
23    medical forensic services are not available by a qualified
24    medical provider during the approved federally qualified
25    health center's hours of operation, as required , then the
26    Department shall approve the plan.

 

 

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1    The Department shall not approve sexual assault treatment
2plans for more than 6 federally qualified health centers,
3which must be located in geographically diverse areas of the
4State. If the Department does not approve a plan, then the
5Department shall notify the federally qualified health center
6that the proposed plan has not been approved. The federally
7qualified health center shall have 14 days to submit a revised
8plan. The Department shall review the revised plan within 14
9days after receipt of the plan and notify the federally
10qualified health center whether the revised plan is approved
11or rejected. A federally qualified health center may not (i)
12provide medical forensic services to sexual assault survivors
1313 years old or older who present with a complaint of sexual
14assault within a minimum of the previous 7 days or (ii) who
15have disclosed past sexual assault by a specific individual
16and were in the care of that individual within a minimum of the
17previous 7 days until the Department has approved a treatment
18plan.
19    Each approved federally qualified health center shall
20ensure that any physician, physician assistant, advanced
21practice registered nurse, or registered professional nurse
22who (i) provides clinical services to sexual assault survivors
23and (ii) does not meet the definition of a qualified medical
24provider under Section 1a-1 receives (A) a minimum of 2 hours
25of sexual assault training within 6 months after the effective
26date of this amendatory Act of the 102nd General Assembly or

 

 

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1within 6 months after beginning employment, whichever is
2later, and (B) a minimum of 2 hours of continuing education on
3responding to sexual assault survivors every 2 years.
4Protocols for training shall be included in the approved
5federally qualified health center's sexual assault treatment
6plan. Sexual assault training provided under this paragraph
7may be provided in person or online and shall include, but not
8be limited to:
9        (1) information provided on the provision of medical
10    forensic services;
11        (2) information on the use of the Illinois Sexual
12    Assault Evidence Collection Kit;
13        (3) information on sexual assault epidemiology,
14    neurobiology of trauma, drug-facilitated sexual assault,
15    child sexual abuse, and Illinois sexual assault-related
16    laws; and
17        (4) information on the approved federally qualified
18    health center's sexual assault-related policies and
19    procedures.
20    The online training made available by the Office of the
21Attorney General under subsection (b) of Section 10-1 may be
22used to comply with the sexual assault training required under
23the preceding paragraph.
24    If an approved federally qualified health center is not
25open 24 hours a day, 7 days a week, it shall post signage at
26each public entrance to its facility that:

 

 

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

 

 

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1    center.
2    A copy of the proposed sign must be submitted to the
3Department and approved as part of the approved federally
4qualified health center's sexual assault treatment plan.
5    (c) Each treatment hospital, treatment hospital with
6approved pediatric transfer, approved pediatric health care
7facility, and approved federally qualified health center must
8enter into a memorandum of understanding with a rape crisis
9center for medical advocacy services, if these services are
10available to the treatment hospital, treatment hospital with
11approved pediatric transfer, approved pediatric health care
12facility, or approved federally qualified health center. With
13the consent of the sexual assault survivor, a rape crisis
14counselor shall remain in the exam room during the collection
15for forensic evidence.
16    An approved federally qualified health center that has a
17memorandum of understanding with a rape crisis center must
18notify the rape crisis center immediately if medical forensic
19services are not available during the approved federally
20qualified health center's hours of operation or if the
21approved federally qualified health center's treatment plan is
22terminated by the Department.
23    (d) Every treatment hospital, treatment hospital with
24approved pediatric transfer, approved pediatric health care
25facility, and approved federally qualified health center's
26sexual assault treatment plan shall include procedures for

 

 

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1complying with mandatory reporting requirements pursuant to
2(1) the Abused and Neglected Child Reporting Act; (2) the
3Abused and Neglected Long Term Care Facility Residents
4Reporting Act; (3) the Adult Protective Services Act; and (iv)
5the Criminal Identification Act.
6    (e) Each treatment hospital, treatment hospital with
7approved pediatric transfer, approved pediatric health care
8facility, and approved federally qualified health center shall
9submit to the Department every 6 months, in a manner
10prescribed by the Department, the following information:
11        (1) The total number of patients who presented with a
12    complaint of sexual assault.
13        (2) The total number of Illinois Sexual Assault
14    Evidence Collection Kits:
15            (A) offered to (i) all sexual assault survivors
16        and (ii) pediatric sexual assault survivors pursuant
17        to paragraph (1.5) of subsection (a-5) of Section 5-1;
18            (B) completed for (i) all sexual assault survivors
19        and (ii) pediatric sexual assault survivors; and
20            (C) declined by (i) all sexual assault survivors
21        and (ii) pediatric sexual assault survivors.
22    This information shall be made available on the
23Department's website.
24    (f) This Section is repealed on December 31, 2023.
25(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;
26102-674, eff. 11-30-21.)
 

 

 

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1    (410 ILCS 70/5-1)
2    (Section scheduled to be repealed on December 31, 2023)
3    Sec. 5-1. Minimum requirements for medical forensic
4services provided to sexual assault survivors by hospitals,
5approved pediatric health care facilities, and approved
6federally qualified health centers.
7    (a) Every hospital, approved pediatric health care
8facility, and approved federally qualified health center
9providing medical forensic services to sexual assault
10survivors under this Act shall, as minimum requirements for
11such services, provide, with the consent of the sexual assault
12survivor, and as ordered by the attending physician, an
13advanced practice registered nurse, or a physician assistant,
14the services set forth in subsection (a-5).
15    Beginning January 1, 2023, a qualified medical provider
16must provide the services set forth in subsection (a-5).
17    (a-5) A treatment hospital, a treatment hospital with
18approved pediatric transfer, or an approved pediatric health
19care facility, or an approved federally qualified health
20center shall provide the following services in accordance with
21subsection (a):
22        (1) Appropriate medical forensic services without
23    delay, in a private, age-appropriate or
24    developmentally-appropriate space, required to ensure the
25    health, safety, and welfare of a sexual assault survivor

 

 

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1    and which may be used as evidence in a criminal proceeding
2    against a person accused of the sexual assault, in a
3    proceeding under the Juvenile Court Act of 1987, or in an
4    investigation under the Abused and Neglected Child
5    Reporting Act.
6        Records of medical forensic services, including
7    results of examinations and tests, the Illinois State
8    Police Medical Forensic Documentation Forms, the Illinois
9    State Police Patient Discharge Materials, and the Illinois
10    State Police Patient Consent: Collect and Test Evidence or
11    Collect and Hold Evidence Form, shall be maintained by the
12    hospital or approved pediatric health care facility as
13    part of the patient's electronic medical record.
14        Records of medical forensic services of sexual assault
15    survivors under the age of 18 shall be retained by the
16    hospital for a period of 60 years after the sexual assault
17    survivor reaches the age of 18. Records of medical
18    forensic services of sexual assault survivors 18 years of
19    age or older shall be retained by the hospital for a period
20    of 20 years after the date the record was created.
21        Records of medical forensic services may only be
22    disseminated in accordance with Section 6.5-1 of this Act
23    and other State and federal law.
24        (1.5) An offer to complete the Illinois Sexual Assault
25    Evidence Collection Kit for any sexual assault survivor
26    who presents within a minimum of the last 7 days of the

 

 

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1    assault or who has disclosed past sexual assault by a
2    specific individual and was in the care of that individual
3    within a minimum of the last 7 days.
4            (A) Appropriate oral and written information
5        concerning evidence-based guidelines for the
6        appropriateness of evidence collection depending on
7        the sexual development of the sexual assault survivor,
8        the type of sexual assault, and the timing of the
9        sexual assault shall be provided to the sexual assault
10        survivor. Evidence collection is encouraged for
11        prepubescent sexual assault survivors who present to a
12        hospital or approved pediatric health care facility
13        with a complaint of sexual assault within a minimum of
14        96 hours after the sexual assault.
15            Before January 1, 2023, the information required
16        under this subparagraph shall be provided in person by
17        the health care professional providing medical
18        forensic services directly to the sexual assault
19        survivor.
20            On and after January 1, 2023, the information
21        required under this subparagraph shall be provided in
22        person by the qualified medical provider providing
23        medical forensic services directly to the sexual
24        assault survivor.
25            The written information provided shall be the
26        information created in accordance with Section 10-1 of

 

 

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1        this Act.
2            (B) Following the discussion regarding the
3        evidence-based guidelines for evidence collection in
4        accordance with subparagraph (A), evidence collection
5        must be completed at the sexual assault survivor's
6        request. A sexual assault nurse examiner conducting an
7        examination using the Illinois State Police Sexual
8        Assault Evidence Collection Kit may do so without the
9        presence or participation of a physician.
10        (2) Appropriate oral and written information
11    concerning the possibility of infection, sexually
12    transmitted infection, including an evaluation of the
13    sexual assault survivor's risk of contracting human
14    immunodeficiency virus (HIV) from sexual assault, and
15    pregnancy resulting from sexual assault.
16        (3) Appropriate oral and written information
17    concerning accepted medical procedures, laboratory tests,
18    medication, and possible contraindications of such
19    medication available for the prevention or treatment of
20    infection or disease resulting from sexual assault.
21        (3.5) After a medical evidentiary or physical
22    examination, access to a shower at no cost, unless
23    showering facilities are unavailable.
24        (4) An amount of medication, including HIV
25    prophylaxis, for treatment at the hospital, or approved
26    pediatric health care facility, or approved federally

 

 

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1    qualified health center and after discharge as is deemed
2    appropriate by the attending physician, an advanced
3    practice registered nurse, or a physician assistant in
4    accordance with the Centers for Disease Control and
5    Prevention guidelines and consistent with the hospital's
6    or approved pediatric health care facility's current
7    approved protocol for sexual assault survivors.
8        (5) Photo documentation of the sexual assault
9    survivor's injuries, anatomy involved in the assault, or
10    other visible evidence on the sexual assault survivor's
11    body to supplement the medical forensic history and
12    written documentation of physical findings and evidence
13    beginning July 1, 2019. Photo documentation does not
14    replace written documentation of the injury.
15        (6) Written and oral instructions indicating the need
16    for follow-up examinations and laboratory tests after the
17    sexual assault to determine the presence or absence of
18    sexually transmitted infection.
19        (7) Referral by hospital, or approved pediatric health
20    care facility, or approved federally qualified health
21    center personnel for appropriate counseling.
22        (8) Medical advocacy services provided by a rape
23    crisis counselor whose communications are protected under
24    Section 8-802.1 of the Code of Civil Procedure, if there
25    is a memorandum of understanding between the hospital, or
26    approved pediatric health care facility, or approved

 

 

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1    federally qualified health center and a rape crisis
2    center. With the consent of the sexual assault survivor, a
3    rape crisis counselor shall remain in the exam room during
4    the medical forensic examination.
5        (9) Written information regarding services provided by
6    a Children's Advocacy Center and rape crisis center, if
7    applicable.
8        (10) A treatment hospital, a treatment hospital with
9    approved pediatric transfer, an out-of-state hospital as
10    defined in Section 5.4, or an approved pediatric health
11    care facility, or an approved federally qualified health
12    center shall comply with the rules relating to the
13    collection and tracking of sexual assault evidence adopted
14    by the Department of State Police under Section 50 of the
15    Sexual Assault Evidence Submission Act.
16        (11) Written information regarding the Illinois State
17    Police sexual assault evidence tracking system.
18    (a-7) By January 1, 2023, every hospital with a treatment
19plan approved by the Department shall employ or contract with
20a qualified medical provider to initiate medical forensic
21services to a sexual assault survivor within 90 minutes of the
22patient presenting to the treatment hospital or treatment
23hospital with approved pediatric transfer. The provision of
24medical forensic services by a qualified medical provider
25shall not delay the provision of life-saving medical care.
26    (a-10) Every federally qualified health center with a

 

 

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1treatment plan approved by the Department shall employ or
2contract with a qualified medical provider to initiate medical
3forensic services to a sexual assault survivor within 90
4minutes of the patient presenting to the federally qualified
5health center. The provision of medical forensic services by a
6qualified medical provider shall not delay the provision of
7life-saving medical care.
8    (b) Any person who is a sexual assault survivor who seeks
9medical forensic services or follow-up healthcare under this
10Act shall be provided such services without the consent of any
11parent, guardian, custodian, surrogate, or agent. If a sexual
12assault survivor is unable to consent to medical forensic
13services, the services may be provided under the Consent by
14Minors to Medical Procedures Act, the Health Care Surrogate
15Act, or other applicable State and federal laws.
16    (b-5) Every hospital, approved pediatric health care
17facility, or approved federally qualified health center
18providing medical forensic services to sexual assault
19survivors shall issue a voucher to any sexual assault survivor
20who is eligible to receive one in accordance with Section
215.2-1 of this Act. The hospital, approved pediatric health
22care facility, or approved federally qualified health center
23shall make a copy of the voucher and place it in the medical
24record of the sexual assault survivor. The hospital, approved
25pediatric health care facility, or approved federally
26qualified health center shall provide a copy of the voucher to

 

 

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1the sexual assault survivor after discharge upon request.
2    (c) Nothing in this Section creates a physician-patient
3relationship that extends beyond discharge from the hospital,
4or approved pediatric health care facility, or approved
5federally qualified health center.
6    (d) This Section is repealed on December 31, 2023.
7(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;
8102-674, eff. 11-30-21.)
 
9    (410 ILCS 70/5.4)
10    Sec. 5.4. Out-of-state hospitals.
11    (a) Nothing in this Section shall prohibit the transfer of
12a patient in need of medical services from a hospital that has
13been designated as a trauma center by the Department in
14accordance with Section 3.90 of the Emergency Medical Services
15(EMS) Systems Act.
16    (b) A transfer hospital, treatment hospital with approved
17pediatric transfer, or approved pediatric health care facility
18may transfer a sexual assault survivor to an out-of-state
19hospital that has been designated as a trauma center by the
20Department under Section 3.90 of the Emergency Medical
21Services (EMS) Systems Act if the out-of-state hospital: (1)
22submits an areawide treatment plan approved by the Department;
23and (2) has certified the following to the Department in a form
24and manner prescribed by the Department that the out-of-state
25hospital will:

 

 

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

 

 

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1after January 1, 2024.
2(Source: P.A. 100-775, eff. 1-1-19.)
 
3    (410 ILCS 70/5.5)
4    Sec. 5.5. Minimum reimbursement requirements for follow-up
5healthcare.
6    (a) Every hospital, pediatric health care facility, health
7care professional, laboratory, or pharmacy that provides
8follow-up healthcare to a sexual assault survivor, with the
9consent of the sexual assault survivor and as ordered by the
10attending physician, an advanced practice registered nurse, or
11physician assistant shall be reimbursed for the follow-up
12healthcare services provided. Follow-up healthcare services
13include, but are not limited to, the following:
14        (1) a physical examination;
15        (2) laboratory tests to determine the presence or
16    absence of sexually transmitted infection; and
17        (3) appropriate medications, including HIV
18    prophylaxis, in accordance with the Centers for Disease
19    Control and Prevention's guidelines.
20    (b) Reimbursable follow-up healthcare is limited to office
21visits with a physician, advanced practice registered nurse,
22or physician assistant within 180 90 days after an initial
23visit for hospital medical forensic services.
24    (c) Nothing in this Section requires a hospital, pediatric
25health care facility, health care professional, laboratory, or

 

 

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1pharmacy to provide follow-up healthcare to a sexual assault
2survivor.
3    (d) This Section is effective on and after January 1,
42024.
5(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;
6102-674, eff. 11-30-21.)
 
7    (410 ILCS 70/5.5-1)
8    (Section scheduled to be repealed on December 31, 2023)
9    Sec. 5.5-1. Minimum reimbursement requirements for
10follow-up healthcare.
11    (a) Every hospital, pediatric health care facility,
12federally qualified health center, health care professional,
13laboratory, or pharmacy that provides follow-up healthcare to
14a sexual assault survivor, with the consent of the sexual
15assault survivor and as ordered by the attending physician, an
16advanced practice registered nurse, or physician assistant
17shall be reimbursed for the follow-up healthcare services
18provided. Follow-up healthcare services include, but are not
19limited to, the following:
20        (1) a physical examination;
21        (2) laboratory tests to determine the presence or
22    absence of sexually transmitted infection; and
23        (3) appropriate medications, including HIV
24    prophylaxis, in accordance with the Centers for Disease
25    Control and Prevention's guidelines.

 

 

SB3023 Enrolled- 42 -LRB102 22896 CPF 32049 b

1    (b) Reimbursable follow-up healthcare is limited to office
2visits with a physician, advanced practice registered nurse,
3or physician assistant within 180 90 days after an initial
4visit for hospital medical forensic services.
5    (c) Nothing in this Section requires a hospital, pediatric
6health care facility, federally qualified health center,
7health care professional, laboratory, or pharmacy to provide
8follow-up healthcare to a sexual assault survivor.
9    (d) This Section is repealed on December 31, 2023.
10(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;
11102-674, eff. 11-30-21.)
 
12    (410 ILCS 70/7.5)
13    Sec. 7.5. Prohibition on billing sexual assault survivors
14directly for certain services; written notice; billing
15protocols.
16    (a) A hospital, approved pediatric health care facility,
17health care professional, ambulance provider, laboratory, or
18pharmacy furnishing medical forensic services, transportation,
19follow-up healthcare, or medication to a sexual assault
20survivor shall not:
21        (1) charge or submit a bill for any portion of the
22    costs of the services, transportation, or medications to
23    the sexual assault survivor, including any insurance
24    deductible, co-pay, co-insurance, denial of claim by an
25    insurer, spenddown, or any other out-of-pocket expense;

 

 

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1        (2) communicate with, harass, or intimidate the sexual
2    assault survivor for payment of services, including, but
3    not limited to, repeatedly calling or writing to the
4    sexual assault survivor and threatening to refer the
5    matter to a debt collection agency or to an attorney for
6    collection, enforcement, or filing of other process;
7        (3) refer a bill to a collection agency or attorney
8    for collection action against the sexual assault survivor;
9        (4) contact or distribute information to affect the
10    sexual assault survivor's credit rating; or
11        (5) take any other action adverse to the sexual
12    assault survivor or his or her family on account of
13    providing services to the sexual assault survivor.
14    (a-5) Notwithstanding any other provision of law,
15including, but not limited to, subsection (a), a sexual
16assault survivor who is not the subscriber or primary
17policyholder of the sexual assault survivor's insurance policy
18may opt out of billing the sexual assault survivor's private
19insurance provider. If the sexual assault survivor opts out of
20billing the sexual assault survivor's private insurance
21provider, then the bill for medical forensic services shall be
22sent to the Department of Healthcare and Family Services'
23Sexual Assault Emergency Treatment Program for reimbursement
24for the services provided to the sexual assault survivor.
25    (b) Nothing in this Section precludes a hospital, health
26care provider, ambulance provider, laboratory, or pharmacy

 

 

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1from billing the sexual assault survivor or any applicable
2health insurance or coverage for inpatient services.
3    (c) Every hospital and approved pediatric health care
4facility providing treatment services to sexual assault
5survivors in accordance with a plan approved under Section 2
6of this Act shall provide a written notice to a sexual assault
7survivor. The written notice must include, but is not limited
8to, the following:
9        (1) a statement that the sexual assault survivor
10    should not be directly billed by any ambulance provider
11    providing transportation services, or by any hospital,
12    approved pediatric health care facility, health care
13    professional, laboratory, or pharmacy for the services the
14    sexual assault survivor received as an outpatient at the
15    hospital or approved pediatric health care facility;
16        (2) a statement that a sexual assault survivor who is
17    admitted to a hospital may be billed for inpatient
18    services provided by a hospital, health care professional,
19    laboratory, or pharmacy;
20        (3) a statement that prior to leaving the hospital or
21    approved pediatric health care facility, the hospital or
22    approved pediatric health care facility will give the
23    sexual assault survivor a sexual assault services voucher
24    for follow-up healthcare if the sexual assault survivor is
25    eligible to receive a sexual assault services voucher;
26        (4) the definition of "follow-up healthcare" as set

 

 

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1    forth in Section 1a of this Act;
2        (5) a phone number the sexual assault survivor may
3    call should the sexual assault survivor receive a bill
4    from the hospital or approved pediatric health care
5    facility for medical forensic services;
6        (6) the toll-free phone number of the Office of the
7    Illinois Attorney General, which the sexual assault
8    survivor may call should the sexual assault survivor
9    receive a bill from an ambulance provider, approved
10    pediatric health care facility, a health care
11    professional, a laboratory, or a pharmacy.
12    This subsection (c) shall not apply to hospitals that
13provide transfer services as defined under Section 1a of this
14Act.
15    (d) Within 60 days after the effective date of this
16amendatory Act of the 99th General Assembly, every health care
17professional, except for those employed by a hospital or
18hospital affiliate, as defined in the Hospital Licensing Act,
19or those employed by a hospital operated under the University
20of Illinois Hospital Act, who bills separately for medical or
21forensic services must develop a billing protocol that ensures
22that no survivor of sexual assault will be sent a bill for any
23medical forensic services and submit the billing protocol to
24the Office of the Attorney General for approval. Within 60
25days after the commencement of the provision of medical
26forensic services, every health care professional, except for

 

 

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

 

 

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

 

 

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1care facility shall submit any proposed revision to or
2modification of an approved billing protocol to the Office of
3the Attorney General for approval. The health care
4professional or approved pediatric health care facility shall
5implement the revised or modified billing protocol upon
6approval by the Office of the Illinois Attorney General.
7    (e) This Section is effective on and after January 1,
82024.
9(Source: P.A. 101-634, eff. 6-5-20; 101-652, eff. 7-1-21;
10102-22, eff. 6-25-21; 102-674, eff. 11-30-21.)
 
11    (410 ILCS 70/7.5-1)
12    (Section scheduled to be repealed on December 31, 2023)
13    Sec. 7.5-1. Prohibition on billing sexual assault
14survivors directly for certain services; written notice;
15billing protocols.
16    (a) A hospital, approved pediatric health care facility,
17approved federally qualified health center, health care
18professional, ambulance provider, laboratory, or pharmacy
19furnishing medical forensic services, transportation,
20follow-up healthcare, or medication to a sexual assault
21survivor shall not:
22        (1) charge or submit a bill for any portion of the
23    costs of the services, transportation, or medications to
24    the sexual assault survivor, including any insurance
25    deductible, co-pay, co-insurance, denial of claim by an

 

 

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1    insurer, spenddown, or any other out-of-pocket expense;
2        (2) communicate with, harass, or intimidate the sexual
3    assault survivor for payment of services, including, but
4    not limited to, repeatedly calling or writing to the
5    sexual assault survivor and threatening to refer the
6    matter to a debt collection agency or to an attorney for
7    collection, enforcement, or filing of other process;
8        (3) refer a bill to a collection agency or attorney
9    for collection action against the sexual assault survivor;
10        (4) contact or distribute information to affect the
11    sexual assault survivor's credit rating; or
12        (5) take any other action adverse to the sexual
13    assault survivor or his or her family on account of
14    providing services to the sexual assault survivor.
15    (a-5) Notwithstanding any other provision of law,
16including, but not limited to, subsection (a), a sexual
17assault survivor who is not the subscriber or primary
18policyholder of the sexual assault survivor's insurance policy
19may opt out of billing the sexual assault survivor's private
20insurance provider. If the sexual assault survivor opts out of
21billing the sexual assault survivor's private insurance
22provider, then the bill for medical forensic services shall be
23sent to the Department of Healthcare and Family Services'
24Sexual Assault Emergency Treatment Program for reimbursement
25for the services provided to the sexual assault survivor.
26    (b) Nothing in this Section precludes a hospital, health

 

 

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1care provider, ambulance provider, laboratory, or pharmacy
2from billing the sexual assault survivor or any applicable
3health insurance or coverage for inpatient services.
4    (c) Every hospital, approved pediatric health care
5facility, and approved federally qualified health center
6providing treatment services to sexual assault survivors in
7accordance with a plan approved under Section 2-1 of this Act
8shall provide a written notice to a sexual assault survivor.
9The written notice must include, but is not limited to, the
10following:
11        (1) a statement that the sexual assault survivor
12    should not be directly billed by any ambulance provider
13    providing transportation services, or by any hospital,
14    approved pediatric health care facility, approved
15    federally qualified health center, health care
16    professional, laboratory, or pharmacy for the services the
17    sexual assault survivor received as an outpatient at the
18    hospital, approved pediatric health care facility, or
19    approved federally qualified health center;
20        (2) a statement that a sexual assault survivor who is
21    admitted to a hospital may be billed for inpatient
22    services provided by a hospital, health care professional,
23    laboratory, or pharmacy;
24        (3) a statement that prior to leaving the hospital,
25    approved pediatric health care facility, or approved
26    federally qualified health center, the hospital, approved

 

 

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1    pediatric health care facility, or approved federally
2    qualified health center will give the sexual assault
3    survivor a sexual assault services voucher for follow-up
4    healthcare if the sexual assault survivor is eligible to
5    receive a sexual assault services voucher;
6        (4) the definition of "follow-up healthcare" as set
7    forth in Section 1a-1 of this Act;
8        (5) a phone number the sexual assault survivor may
9    call should the sexual assault survivor receive a bill
10    from the hospital, approved pediatric health care
11    facility, or approved federally qualified health center
12    for medical forensic services;
13        (6) the toll-free phone number of the Office of the
14    Illinois Attorney General, Crime Victim Services Division,
15    which the sexual assault survivor may call should the
16    sexual assault survivor receive a bill from an ambulance
17    provider, approved pediatric health care facility,
18    approved federally qualified health center, a health care
19    professional, a laboratory, or a pharmacy.
20    This subsection (c) shall not apply to hospitals that
21provide transfer services as defined under Section 1a-1 of
22this Act.
23    (d) Within 60 days after the effective date of this
24amendatory Act of the 101st General Assembly, every health
25care professional, except for those employed by a hospital or
26hospital affiliate, as defined in the Hospital Licensing Act,

 

 

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

 

 

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

 

 

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1    The Crime Victim Services Division of the Office of the
2Attorney General may provide a sample acceptable billing
3protocol upon request.
4    The Office of the Attorney General shall approve a
5proposed protocol if it finds that the implementation of the
6protocol would result in no survivor of sexual assault being
7billed or sent a bill for medical forensic services.
8    If the Office of the Attorney General determines that
9implementation of the protocol could result in the billing of
10a survivor of sexual assault for medical forensic services,
11the Office of the Attorney General shall provide the health
12care professional or approved pediatric health care facility
13with a written statement of the deficiencies in the protocol.
14The health care professional or approved pediatric health care
15facility shall have 30 days to submit a revised billing
16protocol addressing the deficiencies to the Office of the
17Attorney General. The health care professional or approved
18pediatric health care facility shall implement the protocol
19upon approval by the Crime Victim Services Division of the
20Office of the Attorney General.
21    The health care professional, approved pediatric health
22care facility, or approved federally qualified health center
23shall submit any proposed revision to or modification of an
24approved billing protocol to the Crime Victim Services
25Division of the Office of the Attorney General for approval.
26The health care professional, approved pediatric health care

 

 

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1facility, or approved federally qualified health center shall
2implement the revised or modified billing protocol upon
3approval by the Crime Victim Services Division of the Office
4of the Illinois Attorney General.
5    (e) This Section is repealed on December 31, 2023.
6(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;
7102-674, eff. 11-30-21.)
 
8    (410 ILCS 70/9.5)
9    (Section scheduled to be repealed on January 1, 2024)
10    Sec. 9.5. Sexual Assault Medical Forensic Services
11Implementation Task Force.
12    (a) The Sexual Assault Medical Forensic Services
13Implementation Task Force is created to assist hospitals and
14approved pediatric health care facilities with the
15implementation of the changes made by this amendatory Act of
16the l00th General Assembly. The Task Force shall consist of
17the following members, who shall serve without compensation:
18        (1) one member of the Senate appointed by the
19    President of the Senate, who may designate an alternate
20    member;
21        (2) one member of the Senate appointed by the Minority
22    Leader of the Senate, who may designate an alternate
23    member;
24        (3) one member of the House of Representatives
25    appointed by the Speaker of the House of Representatives,

 

 

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

 

 

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

 

 

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1    survivors and rape crisis centers, at least one of whom
2    shall represent rural rape crisis centers and at least one
3    of whom shall represent urban rape crisis centers; and
4        (17) one member representing children's advocacy
5    centers appointed by the head of a statewide organization
6    representing the interests of children's advocacy centers
7    in Illinois; and .
8        (18) one member representing approved federally
9    qualified health centers appointed by the Director of
10    Public Health.
11    The members representing the Office of the Attorney
12General and the Department of Public Health shall serve as
13co-chairpersons of the Task Force. The Office of the Attorney
14General shall provide administrative and other support to the
15Task Force.
16    (b) The first meeting of the Task Force shall be called by
17the co-chairpersons no later than 90 days after the effective
18date of this Section.
19    (c) The goals of the Task Force shall include, but not be
20limited to, the following:
21        (1) to facilitate the development of areawide
22    treatment plans among hospitals and pediatric health care
23    facilities;
24        (2) to facilitate the development of on-call systems
25    of qualified medical providers and assist hospitals with
26    the development of plans to employ or contract with a

 

 

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1    qualified medical provider to initiate medical forensic
2    services to a sexual assault survivor within 90 minutes of
3    the patient presenting to the hospital as required in
4    subsection (a-7) of Section 5;
5        (3) to identify photography and storage options for
6    hospitals to comply with the photo documentation
7    requirements in Sections 5 and 5.1;
8        (4) to develop a model written agreement for use by
9    rape crisis centers, hospitals, and approved pediatric
10    health care facilities with sexual assault treatment plans
11    to comply with subsection (c) of Section 2;
12        (5) to develop and distribute educational information
13    regarding the implementation of this Act to hospitals,
14    health care providers, rape crisis centers, children's
15    advocacy centers, State's Attorney's offices;
16        (6) to examine the role of telemedicine in the
17    provision of medical forensic services under this Act and
18    to develop recommendations for statutory change and
19    standards and procedures for the use of telemedicine to be
20    adopted by the Department;
21        (7) to seek inclusion of the International Association
22    of Forensic Nurses Sexual Assault Nurse Examiner Education
23    Guidelines for nurses within the registered nurse training
24    curriculum in Illinois nursing programs and the American
25    College of Emergency Physicians Management of the Patient
26    with the Complaint of Sexual Assault for emergency

 

 

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1    physicians within the Illinois residency training
2    curriculum for emergency physicians; and
3        (8) to submit a report to the General Assembly by
4    January 1, 2024 2023 regarding the status of
5    implementation of this amendatory Act of the 100th General
6    Assembly, including, but not limited to, the impact of
7    transfers to out-of-state hospitals on sexual assault
8    survivors and the availability of treatment hospitals in
9    Illinois. The report shall also cover the impact of
10    medical forensic services provided at approved federally
11    qualified health centers on sexual assault survivors. The ;
12    the report to the General Assembly shall be filed with the
13    Clerk of the House of Representatives and the Secretary of
14    the Senate in electronic form only, in the manner that the
15    Clerk and the Secretary shall direct.
16    (d) This Section is repealed on January 1, 2025 2024.
17(Source: P.A. 102-538, eff. 8-20-21.)
 
18    Section 99. Effective date. This Section and the changes
19to Sections 2-1, 5-1, and 9.5 of the Sexual Assault Survivors
20Emergency Treatment Act take effect upon becoming law.