Bill Text: IL HB0347 | 2021-2022 | 102nd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Sexual Assault Survivors Emergency Treatment Act. Provides that "pediatric health care facility" means a clinic or physician's office that provides medical services to patients under the age of 18 (rather than to pediatric patients). Provides that a hospital must submit a plan to provide specified services and that the failure to provide that plan is subject to a fine of up to $500 per day until the hospital submits a plan. Provides that certain fines may not be taken or assessed until 12 months after the amendatory Act's effective date. Provides that if an approved pediatric facility submits 2 Plans of Correction that are found to not be acceptable by the Department of Public Health, the approved pediatric health care facility shall become subject to the imposition of a fine by the Department and the termination of its approved sexual assault treatment plan. Provides that an approved pediatric health care facility may provide medical forensic services to all sexual assault survivors under the age of 18 (instead of pediatric sexual assault survivors) who present for medical forensic services in relation to injuries or trauma resulting from a sexual assault. Provides that the Department of Public Health shall approve a proposed plan submitted by a pediatric health care facility if it finds that the proposed plan meets certain minimum requirements and that implementation of the proposed plan would provide medical forensic services for sexual assault survivors under the age of 18 (instead of pediatric sexual assault survivors). Prohibits a pediatric health care facility from providing medical forensic services to sexual assault survivors under the age of 18 (instead of pediatric sexual assault survivors) who present with a complaint of sexual assault within a minimum of the last 7 days or who have disclosed past sexual assault by a specific individual and were in the care of that individual within a minimum of the last 7 days until the Department has approved a treatment plan. Provides that a transfer hospital, treatment hospital with approved pediatric transfer, or approved pediatric health care facility may transfer a sexual assault survivor to an out-of-state hospital that is located in a county that borders Illinois (rather than to an out-of-state hospital that has been designated as a trauma center by the Department under specified provisions of the Emergency Medical Services (EMS) Systems Act) if the out-of-state hospital meets specified requirements. Specifies that a provision regarding out-of-state hospitals is inoperative on and after January 1, 2029 (rather than January 1, 2024). In provisions regarding the Sexual Assault Medical Forensic Services Implementation Task Force, requires the Task Force's report to the General Assembly to be submitted by January 1, 2024 (rather than January 1, 2023) and include the status of pediatric sexual assault care. Makes other changes. Effective January 1, 2023, except that changes to provisions concerning the Sexual Assault Medical Forensic Services Implementation Task Force take effect upon becoming law.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Passed) 2022-12-14 - Public Act . . . . . . . . . 102-1106 [HB0347 Detail]

Download: Illinois-2021-HB0347-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB0347 Introduced , by Rep. Robyn Gabel SYNOPSIS AS INTRODUCED:
305 ILCS 5/5-19 from Ch. 23, par. 5-19
410 ILCS 527/15
Amends the Illinois Public Aid Code. Provides that, to ensure full access to the benefits set forth in provisions regarding the Healthy Kids Program, on and after January 1, 2022, the Department of Healthcare and Family Services shall ensure that provider and hospital reimbursements for immunization as required under the provisions are no lower than the Medicare reimbursement rate. Amends the Immunization Data Registry Act. Provides that health care providers, physician's designees, or pharmacist's designees shall (rather than may) provide immunization data to be entered into the immunization data registry. Removes language providing that the immunization data need not be provided if the patient or the patient's parent or guardian, if the patient is less than 18 years of age, has completed and filed with the provider, physician's designee, or pharmacist's designee a written immunization data exemption form. Provides that the written information and the immunization data exemption forms must include information that the health care provider shall (rather than may) report immunization data to the Department of Public Health to be entered into the immunization data registry. Effective January 1, 2022.
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A BILL FOR
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AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Public Aid Code is amended by
changing Section 5-19 as follows:
(305 ILCS 5/5-19) (from Ch. 23, par. 5-19)
Sec. 5-19. Healthy Kids Program.
(a) Any child under the age of 21 eligible to receive
Medical Assistance from the Illinois Department under Article
V of this Code shall be eligible for Early and Periodic
Screening, Diagnosis and Treatment services provided by the
Healthy Kids Program of the Illinois Department under the
Social Security Act, 42 U.S.C. 1396d(r).
(b) Enrollment of Children in Medicaid. The Illinois
Department shall provide for receipt and initial processing of
applications for Medical Assistance for all pregnant women and
children under the age of 21 at locations in addition to those
used for processing applications for cash assistance,
including disproportionate share hospitals, federally
qualified health centers and other sites as selected by the
Illinois Department.
(c) Healthy Kids Examinations. The Illinois Department
shall consider any examination of a child eligible for the

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Healthy Kids services provided by a medical provider meeting
the requirements and complying with the rules and regulations
of the Illinois Department to be reimbursed as a Healthy Kids
examination.
(d) Medical Screening Examinations.
(1) The Illinois Department shall insure Medicaid
coverage for periodic health, vision, hearing, and dental
screenings for children eligible for Healthy Kids services
scheduled from a child's birth up until the child turns 21
years. The Illinois Department shall pay for vision,
hearing, dental and health screening examinations for any
child eligible for Healthy Kids services by qualified
providers at intervals established by Department rules.
(2) The Illinois Department shall pay for an
interperiodic health, vision, hearing, or dental screening
examination for any child eligible for Healthy Kids
services whenever an examination is:
(A) requested by a child's parent, guardian, or
custodian, or is determined to be necessary or
appropriate by social services, developmental, health,
or educational personnel; or
(B) necessary for enrollment in school; or
(C) necessary for enrollment in a licensed day
care program, including Head Start; or
(D) necessary for placement in a licensed child
welfare facility, including a foster home, group home

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or child care institution; or
(E) necessary for attendance at a camping program;
or
(F) necessary for participation in an organized
athletic program; or
(G) necessary for enrollment in an early childhood
education program recognized by the Illinois State
Board of Education; or
(H) necessary for participation in a Women,
Infant, and Children (WIC) program; or
(I) deemed appropriate by the Illinois Department.
(e) Minimum Screening Protocols For Periodic Health
Screening Examinations. Health Screening Examinations must
include the following services:
(1) Comprehensive Health and Development Assessment
including:
(A) Development/Mental Health/Psychosocial
Assessment; and
(B) Assessment of nutritional status including
tests for iron deficiency and anemia for children at
the following ages: 9 months, 2 years, 8 years, and 18
years;
(2) Comprehensive unclothed physical exam;
(3) Appropriate immunizations at a minimum, as
required by the Secretary of the U.S. Department of Health
and Human Services under 42 U.S.C. 1396d(r).

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(4) Appropriate laboratory tests including blood lead
levels appropriate for age and risk factors.
(A) Anemia test.
(B) Sickle cell test.
(C) Tuberculin test at 12 months of age and every
1-2 years thereafter unless the treating health care
professional determines that testing is medically
contraindicated.
(D) Other -- The Illinois Department shall insure
that testing for HIV, drug exposure, and sexually
transmitted diseases is provided for as clinically
indicated.
(5) Health Education. The Illinois Department shall
require providers to provide anticipatory guidance as
recommended by the American Academy of Pediatrics.
(6) Vision Screening. The Illinois Department shall
require providers to provide vision screenings consistent
with those set forth in the Department of Public Health's
Administrative Rules.
(7) Hearing Screening. The Illinois Department shall
require providers to provide hearing screenings consistent
with those set forth in the Department of Public Health's
Administrative Rules.
(8) Dental Screening. The Illinois Department shall
require providers to provide dental screenings consistent
with those set forth in the Department of Public Health's

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Administrative Rules.
(f) Covered Medical Services. The Illinois Department
shall provide coverage for all necessary health care,
diagnostic services, treatment and other measures to correct
or ameliorate defects, physical and mental illnesses, and
conditions whether discovered by the screening services or not
for all children eligible for Medical Assistance under Article
V of this Code.
(g) Notice of Healthy Kids Services.
(1) The Illinois Department shall inform any child
eligible for Healthy Kids services and the child's family
about the benefits provided under the Healthy Kids
Program, including, but not limited to, the following:
what services are available under Healthy Kids, including
discussion of the periodicity schedules and immunization
schedules, that services are provided at no cost to
eligible children, the benefits of preventive health care,
where the services are available, how to obtain them, and
that necessary transportation and scheduling assistance is
available.
(2) The Illinois Department shall widely disseminate
information regarding the availability of the Healthy Kids
Program throughout the State by outreach activities which
shall include, but not be limited to, (i) the development
of cooperation agreements with local school districts,
public health agencies, clinics, hospitals and other

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health care providers, including developmental disability
and mental health providers, and with charities, to notify
the constituents of each of the Program and assist
individuals, as feasible, with applying for the Program,
(ii) using the media for public service announcements and
advertisements of the Program, and (iii) developing
posters advertising the Program for display in hospital
and clinic waiting rooms.
(3) The Illinois Department shall utilize accepted
methods for informing persons who are illiterate, blind,
deaf, or cannot understand the English language, including
but not limited to public services announcements and
advertisements in the foreign language media of radio,
television and newspapers.
(4) The Illinois Department shall provide notice of
the Healthy Kids Program to every child eligible for
Healthy Kids services and his or her family at the
following times:
(A) orally by the intake worker and in writing at
the time of application for Medical Assistance;
(B) at the time the applicant is informed that he
or she is eligible for Medical Assistance benefits;
and
(C) at least 20 days before the date of any
periodic health, vision, hearing, and dental
examination for any child eligible for Healthy Kids

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services. Notice given under this subparagraph (C)
must state that a screening examination is due under
the periodicity schedules and must advise the eligible
child and his or her family that the Illinois
Department will provide assistance in scheduling an
appointment and arranging medical transportation.
(h) Data Collection. The Illinois Department shall collect
data in a usable form to track utilization of Healthy Kids
screening examinations by children eligible for Healthy Kids
services, including but not limited to data showing screening
examinations and immunizations received, a summary of
follow-up treatment received by children eligible for Healthy
Kids services and the number of children receiving dental,
hearing and vision services.
(i) 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 Code to reduce any
rate of reimbursement for services or other payments in
accordance with Section 5-5e.
(j) To ensure full access to the benefits set forth in this
Section, on and after January 1, 2022, the Illinois Department
shall ensure that provider and hospital reimbursements for
immunization as required under this Section are no lower than
the Medicare reimbursement rate.
(Source: P.A. 97-689, eff. 6-14-12.)

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Section 10. The Immunization Data Registry Act is amended
by changing Section 15 as follows:
(410 ILCS 527/15)
Sec. 15. Provision of immunization data to registry;
exemption forms; written information on immunization registry.
(a) A health care provider, physician's designee, or
pharmacist's designee shall may provide immunization data to
be entered into the immunization data registry in a manner
prescribed by the Department and for the purposes allowed
under this Act unless the patient or the patient's parent or
guardian, if the patient is less than 18 years of age, has
completed and filed with the provider, physician's designee,
or pharmacist's designee a written immunization data exemption
form.
(b) The Department shall create and provide copies of
immunization data exemption forms to health care providers who
are authorized to administer immunizations and individuals who
request the form. The forms shall also be accessible from the
immunization data registry system itself.
(c) The Department shall distribute to health care
providers, upon request, written information to be
disseminated to patients that describes the immunization data
registry. The written information and the immunization data
exemption forms must include all of the following information:
(1) A description of the immunization data registry

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and its purpose.
(2) That the health care provider shall may report
immunization data to the Department to be entered into the
immunization data registry.
(3) That the patient or the patient's parent or
guardian, if the patient is less than 18 years of age, has
a right to exempt disclosure of immunization data to the
registry and may prevent disclosure by signing an
immunization data exemption form.
(4) That the patient or the patient's parent or
guardian, if the patient is less than 18 years of age, may
have the individual's information removed from the
immunization data registry.
(5) Instructions on how to have the information
removed.
(Source: P.A. 97-117, eff. 7-14-11.)
Section 99. Effective date. This Act takes effect January
1, 2022.