Bill Amendment: IL HB3852 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: SEX ASSAULT EMERGENCY SERVICES

Status: 2019-01-08 - Session Sine Die [HB3852 Detail]

Download: Illinois-2017-HB3852-House_Amendment_002.html

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Rep. Michael D. Unes

Filed: 4/25/2017

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AMENDMENT TO HOUSE BILL 3852
AMENDMENT NO. ______. Amend House Bill 3852, AS AMENDED, by
replacing everything after the enacting clause with the
following:
"Section 5. The Sexual Assault Survivors Emergency
Treatment Act is amended by changing Sections 1a, 2, 2.1, 2.2,
3, 5, 5.5, 6.1, 6.2, 6.4, 6.5, 6.6, 7, 7.5, 8, and 9 as follows:
(410 ILCS 70/1a) (from Ch. 111 1/2, par. 87-1a)
Sec. 1a. Definitions. In this 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.
"Areawide sexual assault treatment plan" means a plan,
developed by the eligible health care facilities hospitals in
the community or area to be served, which provides for hospital

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emergency services to sexual assault survivors that shall be
made available by each of the participating eligible health
care facilities hospitals.
"Children's Advocacy Center" has the meaning given to that
term under the Children's Advocacy Center Act.
"Department" means the Department of Public Health.
"Eligible health care facility" means a hospital,
emergency department, or outpatient clinic performing child
sexual abuse examinations in collaboration with a Children's
Advocacy Center with medical providers that meet at least one
of the following training requirements: (1) a physician with
Child Abuse Pediatrics Sub-board certification or eligibility
or child abuse fellowship training; (2) a physician, advanced
practice nurse, or physician assistant with 16 hours of formal
didactic training in the medical evaluation of child sexual
abuse; or (3) a nurse with a registered nursing degree or
bachelor of science in nursing degree and 40 hours of didactic
training in the medical evaluation of child sexual abuse, as
well as competency-based clinical preceptorship.
"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.
"Emergency services" means health care delivered to
outpatients within or under the care and supervision of
personnel working in a designated emergency department of a

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hospital or outpatient clinic of an eligible health facility,
including, but not limited to, care ordered by such personnel
for a sexual assault survivor.
"Follow-up healthcare" means healthcare services related
to a sexual assault, including laboratory services and pharmacy
services, rendered within 90 days of the initial visit for
hospital emergency services.
"Forensic services" means the collection of evidence
pursuant to a statewide sexual assault evidence collection
program administered by the Department of State Police, using
the Illinois State Police Sexual Assault Evidence Collection
Kit.
"Health care professional" means a physician, a physician
assistant, or an advanced practice nurse.
"Hospital" has the meaning given to that term in the
Hospital Licensing Act.
"Hospital emergency services" means healthcare delivered
to outpatients within or under the care and supervision of
personnel working in a designated emergency department of a
hospital, including, but not limited to, care ordered by such
personnel for a sexual assault survivor in the emergency
department.
"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

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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.
"Nurse" means a nurse licensed under the Nurse Practice
Act.
"Physician" means a person licensed to practice medicine in
all its branches.
"Sexual assault" means an act of nonconsensual sexual
conduct or sexual penetration, as defined in Section 11-0.1 of
the Criminal Code of 2012, including, without limitation, acts
prohibited under Sections 11-1.20 through 11-1.60 of the
Criminal Code of 2012.
"Sexual assault nurse examiner" means a registered nurse
who has completed a sexual assault nurse examiner (SANE)
training program that meets the Forensic Sexual Assault Nurse
Examiner Education Guidelines established by the International
Association of Forensic Nurses.
"Sexual assault survivor" means a person who presents for
hospital emergency services to an eligible health care facility
in relation to injuries or trauma resulting from a sexual
assault.
"Sexual assault transfer plan" means a written plan
developed by an eligible health care facility a hospital and
approved by the Department, which describes the eligible health

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care facility's hospital's procedures for transferring sexual
assault survivors to another eligible health care facility
hospital in order to receive emergency treatment.
"Sexual assault treatment plan" means a written plan
developed by an eligible health care facility a hospital that
describes the eligible health care facility's hospital's
procedures and protocols for providing hospital emergency
services and forensic services to sexual assault survivors who
present themselves for such services, either directly or
through transfer from another eligible health care facility
hospital.
"Transfer services" means the appropriate medical
screening examination and necessary stabilizing treatment
prior to the transfer of a sexual assault survivor to an
eligible health care facility a hospital that provides hospital
emergency services and forensic services to sexual assault
survivors pursuant to a sexual assault treatment plan or
areawide sexual assault treatment plan.
"Voucher" means a document generated by an eligible health
care facility a hospital at the time the sexual assault
survivor receives hospital emergency and forensic services
that a sexual assault survivor may present to providers for
follow-up healthcare.
(Source: P.A. 99-454, eff. 1-1-16; 99-801, eff. 1-1-17.)
(410 ILCS 70/2) (from Ch. 111 1/2, par. 87-2)

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Sec. 2. Eligible health care facility Hospital
requirements. Every eligible health care facility hospital
required to be licensed by the Department pursuant to the
Hospital Licensing Act, approved July 1, 1953, as now or
hereafter amended, or licensed by the Department under any
other applicable law, or that is regulated by a State or
federal agency governing outpatient facilities, which provides
general medical and surgical hospital services shall provide
either (i) transfer services or (ii) hospital emergency
services and forensic services, in accordance with rules and
regulations adopted by the Department, to all sexual assault
survivors who apply for either (i) transfer services or (ii)
hospital emergency services and forensic services in relation
to injuries or trauma resulting from the sexual assault.
In addition, every such eligible health care facility
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 or (ii) hospital emergency
services and forensic services to sexual assault survivors.
Such plan shall be submitted within 60 days after receipt of
the Department's request for this plan, to the Department for
approval prior to such plan becoming effective. The Department
shall approve such plan for either (i) transfer services or
(ii) hospital emergency services and forensic services to
sexual assault survivors if it finds that the implementation of
the proposed plan would provide adequate (i) transfer services

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or (ii) hospital emergency services and forensic services for
sexual assault survivors and provide sufficient protections
from the risk of pregnancy to sexual assault survivors.
The Department shall periodically conduct on site reviews
of such approved plans with eligible health care facility
hospital personnel to insure that the established procedures
are being followed.
On January 1, 2007, and each January 1 thereafter, the
Department shall submit a report to the General Assembly
containing information on the eligible health care facilities
hospitals in this State that have submitted a plan to provide
either (i) transfer services or (ii) hospital emergency
services and forensic services to sexual assault survivors. The
Department shall post on its Internet website the report
required in this Section. The report shall include all of the
following:
(1) A list of all eligible health care facilities
hospitals that have submitted a plan.
(2) A list of eligible health care facilities hospitals
whose plans have been found by the Department to be in
compliance with this Act.
(3) A list of eligible health care facilities hospitals
that have failed to submit an acceptable Plan of Correction
within the time required by Section 2.1 of this Act.
(4) A list of eligible health care facilities hospitals
at which the periodic site review required by this Act has

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been conducted.
When an eligible health care facility a hospital listed as
noncompliant under item (3) of this Section submits and
implements the required Plan of Correction, the Department
shall immediately update the report on its Internet website to
reflect that eligible health care facility's hospital's
compliance.
(Source: P.A. 94-762, eff. 5-12-06; 95-432, eff. 1-1-08.)
(410 ILCS 70/2.1) (from Ch. 111 1/2, par. 87-2.1)
Sec. 2.1. Plan of correction; penalties. If the Department
surveyor determines that the eligible health care facility
hospital is not in compliance with its approved plan, the
surveyor shall provide the eligible health care facility
hospital with a written list of the specific items of
noncompliance within 10 working days after the conclusion of
the on site review. The eligible health care facility hospital
shall have 10 working days to submit to the Department a plan
of correction which contains the eligible health care
facility's hospital's specific proposals for correcting the
items of noncompliance. The Department shall review the plan of
correction and notify the eligible health care facility
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 eligible health care facility hospital shall

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have 10 working days to resubmit an acceptable Plan of
Correction. Upon notification that its Plan of Correction is
acceptable, an eligible health care facility a hospital shall
implement the Plan of Correction within 60 days.
The failure to submit an acceptable Plan of Correction or
to implement the Plan of Correction, within the time frames
required in this Section, will subject an eligible health care
facility a hospital to the imposition of a fine by the
Department. The Department may impose a fine of up to $500 per
day until an eligible health care facility a hospital complies
with the requirements of this Section.
Before imposing a fine pursuant to this Section, the
Department shall provide the eligible health care facility
hospital 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.
(Source: P.A. 94-762, eff. 5-12-06; 95-432, eff. 1-1-08.)
(410 ILCS 70/2.2)
Sec. 2.2. Emergency contraception.
(a) The General Assembly finds:
(1) Crimes of sexual assault and sexual abuse cause
significant physical, emotional, and psychological trauma

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to the victims. This trauma is compounded by a victim's
fear of becoming pregnant and bearing a child as a result
of the sexual assault.
(2) Each year over 32,000 women become pregnant in the
United States as the result of rape and approximately 50%
of these pregnancies end in abortion.
(3) As approved for use by the Federal Food and Drug
Administration (FDA), emergency contraception can
significantly reduce the risk of pregnancy if taken within
72 hours after the sexual assault.
(4) By providing emergency contraception to rape
victims in a timely manner, the trauma of rape can be
significantly reduced.
(b) Within 120 days after the effective date of this
amendatory Act of the 92nd General Assembly, every eligible
health care facility hospital 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 counter-indications and
risks associated with the use of emergency contraception; and a
description of how and when victims may be provided emergency
contraception upon the written order of a physician licensed to
practice medicine in all its branches, a licensed advanced
practice nurse, or a licensed physician assistant. The

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Department shall approve the protocol if it finds that the
implementation of the protocol would provide sufficient
protection for survivors of sexual assault.
The eligible health care facility hospital 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 eligible health care facilities 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.
(Source: P.A. 99-173, eff. 7-29-15.)
(410 ILCS 70/3) (from Ch. 111 1/2, par. 87-3)
Sec. 3. Areawide sexual assault treatment plans;
submission. Eligible health care facilities Hospitals in the
area to be served may develop and participate in areawide plans
that shall describe the hospital emergency services and
forensic services to sexual assault survivors that each
participating eligible health care facility hospital has
agreed to make available. Each eligible health care facility
hospital participating in such a plan shall provide such
services as it is designated to provide in the plan agreed upon
by the participants. Areawide plans may include eligible health
care facility hospital transfer plans. All areawide plans shall
be submitted to the Department for approval, prior to becoming

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effective. The Department shall approve a proposed plan if it
finds that the implementation of the plan would provide for
appropriate hospital emergency services and forensic services
for the people of the area to be served.
(Source: P.A. 95-432, eff. 1-1-08.)
(410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
Sec. 5. Minimum requirements for eligible health care
facilities hospitals providing hospital emergency services and
forensic services to sexual assault survivors.
(a) Every eligible health care facility hospital providing
hospital emergency services and 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 nurse, or a physician assistant, the
following:
(1) appropriate medical examinations and laboratory
tests required to ensure the health, safety, and welfare of
a sexual assault survivor or which may be used as evidence
in a criminal proceeding against a person accused of the
sexual assault, or both; and records of the results of such
examinations and tests shall be maintained by the eligible
health care facility hospital and made available to law
enforcement officials upon the request of the sexual
assault survivor;

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(2) appropriate oral and written information
concerning the possibility of infection, sexually
transmitted disease and pregnancy resulting from sexual
assault;
(3) appropriate oral and written information
concerning accepted medical procedures, medication, and
possible contraindications of such medication available
for the prevention or treatment of infection or disease
resulting from sexual assault;
(4) an amount of medication for treatment at the
eligible health care facility hospital and after discharge
as is deemed appropriate by the attending physician, an
advanced practice nurse, or a physician assistant and
consistent with the eligible health care facility's
hospital's current approved protocol for sexual assault
survivors;
(5) an evaluation of the sexual assault survivor's risk
of contracting human immunodeficiency virus (HIV) from the
sexual assault;
(6) written and oral instructions indicating the need
for follow-up examinations and laboratory tests after the
sexual assault to determine the presence or absence of
sexually transmitted disease;
(7) referral by eligible health care facility hospital
personnel for appropriate counseling; and
(8) when HIV prophylaxis is deemed appropriate, an

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initial dose or doses of HIV prophylaxis, along with
written and oral instructions indicating the importance of
timely follow-up healthcare.
(b) Any person who is a sexual assault survivor who seeks
emergency hospital services and 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.
(b-5) Every treating eligible health care facility
hospital providing hospital emergency and forensic services to
sexual assault survivors shall issue a voucher to any sexual
assault survivor who is eligible to receive one. The eligible
health care facility hospital shall make a copy of the voucher
and place it in the medical record of the sexual assault
survivor. The eligible health care facility 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
outpatient clinic's emergency department.
(Source: P.A. 99-173, eff. 7-29-15; 99-454, eff. 1-1-16;
99-642, eff. 7-28-16.)
(410 ILCS 70/5.5)
Sec. 5.5. Minimum reimbursement requirements for follow-up
healthcare.

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(a) Every eligible health care facility hospital, 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 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
absence of sexually transmitted disease; and
(3) appropriate medications, including HIV
prophylaxis.
(b) Reimbursable follow-up healthcare is limited to office
visits with a physician, advanced practice nurse, or physician
assistant within 90 days after an initial visit for hospital
emergency services.
(c) Nothing in this Section requires an eligible health
care facility a hospital, health care professional,
laboratory, or pharmacy to provide follow-up healthcare to a
sexual assault survivor.
(Source: P.A. 99-173, eff. 7-29-15.)
(410 ILCS 70/6.1) (from Ch. 111 1/2, par. 87-6.1)
Sec. 6.1. Minimum standards. The Department shall
prescribe minimum standards, rules, and regulations necessary

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to implement this Act, which shall apply to every eligible
health care facility hospital required to be licensed by the
Department that provides general medical and surgical hospital
services. 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 eligible health care
facility's hospital record of the sexual assault survivor.
(Source: P.A. 95-432, eff. 1-1-08.)
(410 ILCS 70/6.2) (from Ch. 111 1/2, par. 87-6.2)
Sec. 6.2. Assistance and grants. The Department shall
assist in the development and operation of programs which
provide hospital emergency services and forensic services to
sexual assault survivors, and, where necessary, to provide
grants to eligible health care facilities hospitals for this
purpose.
(Source: P.A. 95-432, eff. 1-1-08.)
(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

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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 eligible health care facilities hospitals that
request them, or arranging for such distribution by the
manufacturer of the kits, (2) collection of the kits from
eligible health care facilities hospitals 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 Department of 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
Department of 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.

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(a-5) (Blank).
(b) The Illinois State Police shall administer a program to
train eligible health care facilities hospitals and eligible
health care facility hospital personnel participating in the
sexual assault evidence collection program, in the correct use
and application of the sexual assault evidence collection kits.
A sexual assault nurse examiner may conduct examinations using
the sexual assault evidence collection kits, without the
presence or participation of a physician. The Department shall
cooperate with the Illinois State Police in this program as it
pertains to medical aspects of the evidence collection.
(c) In this Section, "sexual assault nurse examiner" means
a registered nurse who has completed a sexual assault nurse
examiner (SANE) training program that meets the Forensic Sexual
Assault Nurse Examiner Education Guidelines established by the
International Association of Forensic Nurses.
(Source: P.A. 99-801, eff. 1-1-17.)
(410 ILCS 70/6.5)
Sec. 6.5. Written consent to the release of sexual assault
evidence for testing.
(a) Upon the completion of hospital emergency services and
forensic services, the health care professional providing the
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. The written consent shall

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be on a form included in the sexual assault evidence collection
kit and 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
written consent to release the evidence for testing.
(2) If the survivor is a minor who is under 13 years of
age, the written consent to release the sexual assault
evidence for testing may be signed by the parent, guardian,
investigating law enforcement officer, or Department of
Children and Family Services.
(3) If the survivor is an adult who has a guardian of
the person, a health care surrogate, or an agent acting
under a health care power of attorney, the consent of the
guardian, surrogate, or agent is not required to release
evidence and information concerning the sexual assault or
sexual abuse. If the adult is unable to provide consent for
the release of evidence and information and a guardian,
surrogate, or agent under a health care power of attorney
is unavailable or unwilling to release the information,
then an investigating law enforcement officer may
authorize the release.
(4) Any health care professional, including any
physician, advanced practice nurse, physician assistant,
or nurse, sexual assault nurse examiner, and any health
care institution, including any eligible health care

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facility hospital, who provides evidence or information to
a law enforcement officer under a written consent as
specified in this Section is immune from any civil or
professional liability that might arise from those
actions, with the exception of willful or wanton
misconduct. The immunity provision applies only if all of
the requirements of this Section are met.
(b) The eligible health care facility hospital 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 test
the sexual assault evidence is not signed at the completion of
hospital emergency services and forensic services, the
eligible health care facility hospital shall include the
following information in its discharge instructions:
(1) the sexual assault evidence will be stored for 5
years from the completion of an Illinois State Police
Sexual Assault Evidence Collection Kit, or 5 years from the
age of 18 years, whichever is longer;
(2) a person authorized to consent to the testing of
the sexual assault evidence may sign a written consent to
allow law enforcement to test the sexual assault evidence
at any time during that 5-year period for an adult victim,
or until a minor victim turns 23 years of age by (A)
contacting the law enforcement agency having jurisdiction,
or if unknown, the law enforcement agency contacted by the

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eligible health care facility hospital under Section 3.2 of
the Criminal Identification Act; or (B) by working with an
advocate at a rape crisis center or Children's Advocacy
Center;
(3) the name, address, and phone number of the law
enforcement agency having jurisdiction, or if unknown the
name, address, and phone number of the law enforcement
agency contacted by the eligible health care facility
hospital under Section 3.2 of the Criminal Identification
Act; and
(4) the name and phone number of a local rape crisis
center or Children's Advocacy Center.
(Source: P.A. 99-801, eff. 1-1-17.)
(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 hospital emergency services and
forensic services, the eligible health care facility hospital
shall make reasonable efforts to determine the law enforcement
agency having jurisdiction where the sexual assault occurred.
The eligible health care facility hospital 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 hospital
emergency services and forensic services, the eligible health

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care facility hospital shall notify the law enforcement agency
having jurisdiction that the eligible health care facility
hospital is in possession of sexual assault evidence and the
date and time the collection of evidence was completed. The
eligible health care facility hospital 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 eligible health care facility hospital'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 eligible health care facility
hospital, the eligible health care facility hospital shall
renotify re-notify the law enforcement agency having
jurisdiction that the eligible health care facility hospital is
in possession of sexual assault evidence and the date the
sexual assault evidence was collected. The eligible health care
facility hospital shall document the renotification
re-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.
(d) If the law enforcement agency having jurisdiction has

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not taken physical custody of the sexual assault evidence
within 10 days of the first contact by the eligible health care
facility hospital and the eligible health care facility
hospital has provided renotification under subsection (c) of
this Section, the eligible health care facility hospital shall
contact the State's Attorney of the county where the law
enforcement agency having jurisdiction is located. The
eligible health care facility hospital shall inform the State's
Attorney that the eligible health care facility hospital 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.
(Source: P.A. 99-801, eff. 1-1-17; revised 10-26-16.)
(410 ILCS 70/7) (from Ch. 111 1/2, par. 87-7)
Sec. 7. Reimbursement.
(a) An eligible health care facility A hospital or health
care professional furnishing hospital emergency services or
forensic services, an ambulance provider furnishing
transportation to a sexual assault survivor, an eligible health
care facility a hospital, health care professional, or
laboratory providing follow-up healthcare, or a pharmacy
dispensing prescribed medications to any sexual assault

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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 receive
benefits under the medical assistance program under
Article V of the Illinois Public Aid Code, the ambulance
provider, eligible health care facility hospital, health
care professional, laboratory, or pharmacy must submit the
bill to the Department of Healthcare and Family Services or
the appropriate Medicaid managed care organization and
accept the amount paid as full payment.
(2) If a sexual assault survivor is covered by one or
more policies of health insurance or is a beneficiary under
a public or private health coverage program, the ambulance
provider, eligible health care facility hospital, health
care professional, laboratory, or pharmacy shall bill the
insurance company or program. With respect to such insured
patients, applicable deductible, co-pay, co-insurance,
denial of claim, or any other out-of-pocket
insurance-related expense may be submitted to the Illinois
Sexual Assault Emergency Treatment Program of the
Department of Healthcare and Family Services in accordance
with 89 Ill. Adm. Code 148.510 for payment at the
Department of Healthcare and Family Services' allowable
rates under the Illinois Public Aid Code. The ambulance
provider, eligible health care facility hospital, health
care professional, laboratory, or pharmacy shall accept

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the amounts paid by the insurance company or health
coverage program and the Illinois Sexual Assault Treatment
Program as full payment.
(3) If a sexual assault survivor is neither eligible to
receive benefits under the medical assistance program
under Article V of the Public Aid Code nor covered by a
policy of insurance or a public or private health coverage
program, the ambulance provider, eligible health care
facility hospital, health care professional, laboratory,
or pharmacy shall submit the request for reimbursement to
the Illinois Sexual Assault Emergency Treatment Program
under the Department of Healthcare and Family Services in
accordance with 89 Ill. Adm. Code 148.510 at the Department
of Healthcare and Family Services' allowable rates under
the Illinois Public Aid Code.
(4) If a sexual assault survivor presents a voucher for
follow-up healthcare, the healthcare professional or
laboratory that provides follow-up healthcare or the
pharmacy that dispenses prescribed medications to a sexual
assault survivor shall submit the request for
reimbursement for follow-up healthcare, laboratory, or
pharmacy services to the Illinois Sexual Assault Emergency
Treatment Program under the Department of Healthcare and
Family Services in accordance with 89 Ill. Adm. Code
148.510 at the Department of Healthcare and Family
Services' allowable rates under the Illinois Public Aid

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Code. Nothing in this subsection (a) precludes eligible
health care facilities hospitals from providing follow-up
healthcare and receiving reimbursement under this Section.
(b) Nothing in this Section precludes an eligible health
care facility 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) (Blank).
(d) On and after July 1, 2012, the Department shall reduce
any rate of reimbursement for services or other payments or
alter any methodologies authorized by this Act or the Illinois
Public Aid Code to reduce any rate of reimbursement for
services or other payments in accordance with Section 5-5e of
the Illinois Public Aid Code.
(e) The Department of Healthcare and Family Services shall
establish standards, rules, and regulations to implement this
Section.
(Source: P.A. 98-463, eff. 8-16-13; 99-454, eff. 1-1-16.)
(410 ILCS 70/7.5)
Sec. 7.5. Prohibition on billing sexual assault survivors
directly for certain services; written notice; billing
protocols.
(a) An eligible health care facility A hospital, health
care professional, ambulance provider, laboratory, or pharmacy

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furnishing hospital emergency services, 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
costs of the services, transportation, or medications to
the sexual assault survivor, including any insurance
deductible, co-pay, co-insurance, denial of claim by an
insurer, spenddown, or any other out-of-pocket expense;
(2) communicate with, harass, or intimidate the sexual
assault survivor for payment of services, including, but
not limited to, repeatedly calling or writing to the sexual
assault survivor and threatening to refer the matter to a
debt collection agency or to an attorney for collection,
enforcement, or filing of other process;
(3) refer a bill to a collection agency or attorney for
collection action against the sexual assault survivor;
(4) contact or distribute information to affect the
sexual assault survivor's credit rating; or
(5) take any other action adverse to the sexual assault
survivor or his or her family on account of providing
services to the sexual assault survivor.
(b) Nothing in this Section precludes an eligible health
care facility 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.

10000HB3852ham002 - 28 - LRB100 11373 MJP 25551 a
(c) Within 60 days after the effective date of this
amendatory Act of the 99th General Assembly, every eligible
health care facility hospital 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 should
not be directly billed by any ambulance provider providing
transportation services, or by any eligible health care
facility hospital, health care professional, laboratory,
or pharmacy for the services the sexual assault survivor
received as an outpatient at the eligible health care
facility hospital;
(2) a statement that a sexual assault survivor who is
admitted to a hospital may be billed for inpatient services
provided by a hospital, health care professional,
laboratory, or pharmacy;
(3) a statement that prior to leaving the emergency
department of the treating facility, the eligible health
care facility hospital will give the sexual assault
survivor a voucher for follow-up healthcare if the sexual
assault survivor is eligible to receive a voucher;
(4) the definition of "follow-up healthcare" as set
forth in Section 1a of this Act;
(5) a phone number the sexual assault survivor may call

10000HB3852ham002 - 29 - LRB100 11373 MJP 25551 a
should the sexual assault survivor receive a bill from the
eligible health care facility hospital for hospital
emergency services and forensic services;
(6) the toll-free phone number of the Office of the
Illinois Attorney General, Crime Victim Services Division,
which the sexual assault survivor may call should the
sexual assault survivor receive a bill from an ambulance
provider, a health care professional, a laboratory, or a
pharmacy.
This subsection (c) shall not apply to eligible health care
facilities 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 an eligible health
care facility 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 hospital emergency services or forensic
services must develop a billing protocol that ensures that no
survivor of sexual assault will be sent a bill for any hospital
emergency services or forensic services and submit the billing
protocol to the Crime Victim Services Division of the Office of
the Attorney General for approval. Health care professionals
who bill as a legal entity may submit a single billing protocol
for the billing entity. The billing protocol must include at a

10000HB3852ham002 - 30 - LRB100 11373 MJP 25551 a
minimum:
(1) a description of training for persons who prepare
bills for hospital emergency services and forensic
services;
(2) a written acknowledgement signed by a person who
has completed the training that the person will not bill
survivors of sexual assault;
(3) prohibitions on submitting any bill for any portion
of hospital emergency services or forensic services
provided to a survivor of sexual assault to a collection
agency;
(4) prohibitions on taking any action that would
adversely affect the credit of the survivor of sexual
assault;
(5) the termination of all collection activities if the
protocol is violated; and
(6) the actions to be taken if a bill is sent to a
collection agency or the failure to pay is reported to any
credit reporting agency.
The Crime Victim Services Division of 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 hospital emergency services or forensic

10000HB3852ham002 - 31 - LRB100 11373 MJP 25551 a
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 hospital emergency services or
forensic services, the Office of the Attorney General shall
provide the health care professional with a written statement
of the deficiencies in the protocol. The health care
professional shall have 30 days to submit a revised billing
protocol addressing the deficiencies to the Office of the
Attorney General. The health care professional shall implement
the protocol upon approval by the Crime Victim Services
Division of the Office of the Attorney General.
The health care professional shall submit any proposed
revision to or modification of an approved billing protocol to
the Crime Victim Services Division of the Office of the
Attorney General for approval. The health care professional
shall implement the revised or modified billing protocol upon
approval by the Crime Victim Services Division of the Office of
the Illinois Attorney General.
(Source: P.A. 99-454, eff. 1-1-16.)
(410 ILCS 70/8) (from Ch. 111 1/2, par. 87-8)
Sec. 8. Penalties.
(a) Any eligible health care facility hospital violating
any provisions of this Act other than Section 7.5 shall be
guilty of a petty offense for each violation, and any fine

10000HB3852ham002 - 32 - LRB100 11373 MJP 25551 a
imposed shall be paid into the general corporate funds of the
city, incorporated town or village in which the eligible health
care facility hospital is located, or of the county, in case
such eligible health care facility 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 eligible health care facility
hospital, health care professional, ambulance provider,
laboratory, or pharmacy knowingly violates Section 7.5 of the
Act:
(1) For willful violations of paragraphs (1), (2), (4),
or (5) of subsection (a) of Section 7.5 or subsection (c)
of Section 7.5, the civil monetary penalty shall not exceed
$500 per violation.
(2) For violations of paragraphs (1), (2), (4), or (5)
of subsection (a) of Section 7.5 or subsection (c) of
Section 7.5 involving a pattern or practice, the civil
monetary penalty shall not exceed $500 per violation.
(3) For violations of paragraph (3) of subsection (a)
of Section 7.5, the civil monetary penalty shall not exceed
$500 for each day the bill is with a collection agency.
(4) For violations involving the failure to submit
billing protocols within the time period required under
subsection (d) of Section 7.5, the civil monetary penalty
shall not exceed $100 per day until the health care

10000HB3852ham002 - 33 - LRB100 11373 MJP 25551 a
professional complies with subsection (d) of Section 7.5.
All civil monetary penalties shall be deposited into the
Violent Crime Victims Assistance Fund.
(Source: P.A. 99-454, eff. 1-1-16.)
(410 ILCS 70/9) (from Ch. 111 1/2, par. 87-9)
Sec. 9. Nothing in this Act shall be construed to require a
eligible health care facility hospital to provide any services
which relate to an abortion.
(Source: P.A. 79-564.)
Section 99. Effective date. This Act takes effect January
1, 2018.".