Bill Text: IL HB3848 | 2015-2016 | 99th 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. Creates the Illinois Sexual Assault Emergency Treatment Program Fund. Prohibits a hospital, health care professional, ambulance provider, laboratory, or pharmacy furnishing hospital emergency services, forensic services, transportation, or medication to a sexual assault survivor from directly billing the survivor. Requires every hospital and health care professional to establish a billing protocol to ensure that no sexual assault survivor is billed for treatment. Contains penalty provisions. Makes other changes. Amends the State Finance Act. Creates the Illinois Sexual Assault Emergency Treatment Program Fund as a special fund in the State treasury.

Spectrum: Partisan Bill (Democrat 45-1)

Status: (Passed) 2015-08-24 - Public Act . . . . . . . . . 99-0454 [HB3848 Detail]

Download: Illinois-2015-HB3848-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB3848 Introduced , by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED:
30 ILCS 105/5.866 new
410 ILCS 70/1a from Ch. 111 1/2, par. 87-1a
410 ILCS 70/5 from Ch. 111 1/2, par. 87-5
410 ILCS 70/7 from Ch. 111 1/2, par. 87-7
410 ILCS 70/7.5 new
410 ILCS 70/8 from Ch. 111 1/2, par. 87-8
Amends the Sexual Assault Survivors Emergency Treatment Act. Creates the Illinois Sexual Assault Emergency Treatment Program Fund. Prohibits a hospital, health care professional, ambulance provider, laboratory, or pharmacy furnishing hospital emergency services, forensic services, transportation, or medication to a sexual assault survivor from directly billing the survivor. Requires every hospital and health care professional to establish a billing protocol to ensure that no sexual assault survivor is billed for treatment. Contains penalty provisions. Makes other changes. Amends the State Finance Act. Creates the Illinois Sexual Assault Emergency Treatment Program Fund as a special fund in the State treasury.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB3848 LRB099 09083 JLK 29273 b
AN ACT concerning public health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Finance Act is amended by adding
Section 5.866 as follows:
(30 ILCS 105/5.866 new)
Sec. 5.866. The Illinois Sexual Assault Emergency
Treatment Program Fund.
Section 10. The Sexual Assault Survivors Emergency
Treatment Act is amended by changing Sections 1a, 5, 7, and 8
and by adding Section 7.5 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 hospitals in the community or area to be
served, which provides for hospital emergency services to
sexual assault survivors that shall be made available by each

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of the participating hospitals.
"Department" means the Department of Public Health.
"Emergency contraception" means medication as approved by
the federal Food and Drug Administration (FDA) that can
significantly reduce the risk of pregnancy if taken within 72
hours after sexual assault.
"Follow-up healthcare" means healthcare services related
to a sexual assault, including laboratory services and pharmacy
services, rendered within 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

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Kit" means a prepackaged set of materials and forms to be used
for the collection of evidence relating to sexual assault. The
standardized evidence collection kit for the State of Illinois
shall be the Illinois State Police Sexual Assault Evidence
Collection Kit.
"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 survivor" means a person who presents for
hospital emergency services in relation to injuries or trauma
resulting from a sexual assault.
"Sexual assault transfer plan" means a written plan
developed by a hospital and approved by the Department, which
describes the hospital's procedures for transferring sexual
assault survivors to another hospital in order to receive
emergency treatment.
"Sexual assault treatment plan" means a written plan
developed by a hospital that describes the hospital's
procedures and protocols for providing hospital emergency
services and forensic services to sexual assault survivors who

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present themselves for such services, either directly or
through transfer from another hospital.
"Transfer services" means the appropriate medical
screening examination and necessary stabilizing treatment
prior to the transfer of a sexual assault survivor to 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 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. 96-328, eff. 8-11-09; 96-1551, eff. 7-1-11;
97-1150, eff. 1-25-13.)
(410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
Sec. 5. Minimum requirements for hospitals providing
hospital emergency services and forensic services to sexual
assault survivors.
(a) Every 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 who has
a written collaborative agreement with a collaborating

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physician that authorizes provision of emergency services, or a
physician assistant who has been delegated authority to provide
hospital emergency services and forensic services, 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 hospital
and made available to law enforcement officials upon the
request of the sexual assault survivor;
(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
hospital and after discharge as is deemed appropriate by
the attending physician, an advanced practice nurse, or a
physician assistant and consistent with the hospital's
current approved protocol for sexual assault survivors;

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(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 hospital personnel for appropriate
counseling; and
(8) when HIV prophylaxis is deemed appropriate, an
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 hospital providing hospital emergency services
and forensic services to sexual assault survivors under this
Act must be registered with the Medical Electronic Data
Interchange System, administered by the Department of
Healthcare and Family Services, and shall issue a voucher to
any sexual assault survivor who is eligible to receive one. The
hospital shall make a copy of the voucher and place it in the
medical record of the sexual assault survivor. The hospital

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shall provide a copy of the voucher to the sexual assault
survivor upon request.
Within 30 days after the effective date of this amendatory
Act of the 99th General Assembly, every hospital providing
services to sexual assault survivors in accordance with a plan
approved under Section 2 of this Act shall provide proof of
registration with the Medical Electronic Data Interchange
System to the Department.
(c) Nothing in this Section creates a physician-patient
relationship that extends beyond discharge from the hospital
emergency department.
(Source: P.A. 95-432, eff. 1-1-08; 96-318, eff. 1-1-10.)
(410 ILCS 70/7) (from Ch. 111 1/2, par. 87-7)
Sec. 7. Reimbursement.
(a) A hospital or health care professional furnishing
hospital emergency services or forensic services, an ambulance
provider furnishing transportation to a sexual assault
survivor, a hospital or health care professional or laboratory
providing follow-up healthcare, or pharmacy dispensing
prescribed medications to any sexual assault survivor shall
furnish such services or medications to that person without
charge and shall seek payment as follows:
(1) If a sexual assault survivor is eligible to receive
benefits under the medical assistance program under
Article V of the Illinois Public Aid Code, the ambulance

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provider, hospital, health care professional, laboratory,
or pharmacy must submit the bill to the Department of
Healthcare and Family Services and accept the amount paid
as full payment.
(2) If a sexual assault survivor is covered by one or
more policies of insurance, the ambulance provider,
hospital, health care professional, laboratory, or
pharmacy shall bill the insurance company and accept the
amount paid by the insurance company 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 Illinois Public Aid Code nor covered
by a policy of insurance, the ambulance provider, hospital,
health care professional, laboratory, or pharmacy shall
submit the request for reimbursement to the Illinois Sexual
Assault Emergency Treatment Program and accept the amount
paid by the program as full payment. The hospital is
responsible for submitting the request for reimbursement
for ambulance services, hospital emergency services, and
forensic services to the Illinois Sexual Assault Emergency
Treatment Program.
(4) If a sexual assault survivor presents a voucher for
follow-up healthcare, the health care professional and
laboratory that provides follow-up healthcare and the
pharmacy that dispenses prescribed medications to a sexual
assault survivor shall submit the request for

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reimbursement for follow-up healthcare or pharmacy
services to the Illinois Sexual Assault Emergency
Treatment Program and shall accept the amount paid as full
payment. Nothing in this Section precludes hospitals from
providing follow-up healthcare and receiving reimbursement
under this Section. When any ambulance provider furnishes
transportation, hospital provides hospital emergency
services and forensic services, hospital or health care
professional or laboratory provides follow-up healthcare,
or pharmacy dispenses prescribed medications to any sexual
assault survivor, as defined by the Department of
Healthcare and Family Services, who is neither eligible to
receive such services under the Illinois Public Aid Code
nor covered as to such services by a policy of insurance,
the ambulance provider, hospital, health care
professional, pharmacy, or laboratory shall furnish such
services to that person without charge and shall be
entitled to be reimbursed for providing such services by
the Illinois Sexual Assault Emergency Treatment Program
under the Department of Healthcare and Family Services and
at the Department of Healthcare and Family Services'
allowable rates under the Illinois Public Aid Code.
(b) (Blank) The hospital is responsible for submitting the
request for reimbursement for ambulance services, hospital
emergency services, and forensic services to the Illinois
Sexual Assault Emergency Treatment Program. Nothing in this

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Section precludes hospitals from providing follow-up
healthcare and receiving reimbursement under this Section.
(c) (Blank) The health care professional who provides
follow-up healthcare and the pharmacy that dispenses
prescribed medications to a sexual assault survivor are
responsible for submitting the request for reimbursement for
follow-up healthcare or pharmacy services to the Illinois
Sexual Assault Emergency Treatment Program.
(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. 97-689, eff. 6-14-12; 98-463, eff. 8-16-13.)
(410 ILCS 70/7.5 new)
Sec. 7.5. Prohibition of billing sexual assault survivors
directly; billing protocol.
(a) A hospital, health care professional, ambulance
provider, laboratory, or pharmacy furnishing hospital
emergency services, forensic services, transportation,
follow-up healthcare, or medication to a sexual assault

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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) Within 60 days after the effective date of this
amendatory Act of the 99th General Assembly, every hospital
providing services to sexual assault survivors in accordance
with a plan approved under Section 2 of this Act and every
health care professional who bills separately for hospital
emergency services or forensic services must develop a billing
protocol that ensures that no survivor of sexual assault will

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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 minimum:
(1) 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 attesting that he or she 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 information is sent to any agency that
generates credit reports to ensure that credit of the
survivor of sexual assault is not adversely affected.
The Office of the Attorney General shall approve a proposed
protocol if it finds that the result of the implementation of

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the protocol is that a survivor of sexual assault would not be
billed for hospital emergency services or forensic services.
If the Office of the Attorney General determines that
implementation of the protocol would 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 hospital or health care professional with a written
statement of the deficiencies in the protocol. The hospital or
health care professional shall have 10 days to submit a revised
billing protocol addressing the deficiencies to the Office of
the Attorney General.
(c) The hospital or health care professional shall
implement the protocol upon approval by the Crime Victim
Services Division of the Office of the Attorney General. The
Crime Victim Services Division of the Office of the Attorney
may provide a sample acceptable billing protocol upon request.
(d) The hospital or 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 hospital or 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.
(e) The Office of the Attorney General may provide posters
or other materials to display in hospital and health care
billing departments and pharmacies regarding the billing of

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sexual assault survivors.
(f) A hospital or health care professional who fails to
submit an acceptable billing protocol within the time frame
required by subsection (b) of this Section may be fined by the
Department. The Department, upon the request of the Office of
the Attorney General, may impose a fine of up to $500 per day
until a hospital or health care professional complies with the
requirements of subsections (b) through (d) of this Section.
Before imposing a fine, the Department shall provide the
hospital by 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 on administrative
hearings. All fines shall be deposited in the Illinois Sexual
Assault Emergency Treatment Program Fund, a special fund
created in the State treasury, and, subject to appropriation
and any grant funds, shall be used by the Department of
Healthcare and Family Services for reimbursement purposes
under Section 7 of this Act.
(g) A hospital that furnishes emergency services to sexual
assault survivors shall coordinate with the Illinois Criminal
Justice Information Authority, the Office of the Attorney
General, and local rape crisis centers to notify sexual assault
survivors of the availability of hospital emergency services
and forensic services at no cost to victims.

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(410 ILCS 70/8) (from Ch. 111 1/2, par. 87-8)
Sec. 8. Penalties.
(a) Any hospital, health care professional, or ambulance
provider violating subsection (a) of Section 7.5 of this Act
shall be subject to a fine by the Department. The Department
shall impose a fine of $500 for the first violation. For each
subsequent violation, the Department shall impose a fine of
$500 multiplied by the total number of past violations. The
Department may impose a fine of up to $500 per day for each day
a bill is with a collection agency. Before imposing a fine
pursuant to this subsection (a), the Department shall provide
the hospital, health care professional, or ambulance provider
by certified mail with written notice and an opportunity for an
administrative hearing. Such a 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 on administrative hearings. All fines shall be deposited
in the Illinois Sexual Assault Emergency Treatment Program
Fund.
(b) Any hospital violating any provisions of this Act other
than subsection (a) of Section 7.5 shall be guilty of a petty
offense for each violation, and any fine imposed shall be paid
into the general corporate funds of the city, incorporated town
or village in which the hospital is located, or of the county,
in case such hospital is outside the limits of any incorporated

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municipality.
(Source: P.A. 79-564.)