100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3852
 
Introduced , by Rep. Michael D. Unes
 
SYNOPSIS AS INTRODUCED:



                        
410 ILCS 70/1a from Ch. 111 1/2, par. 87-1a
410 ILCS 70/2 from Ch. 111 1/2, par. 87-2
410 ILCS 70/2.1 from Ch. 111 1/2, par. 87-2.1
410 ILCS 70/2.2
410 ILCS 70/3 from Ch. 111 1/2, par. 87-3
410 ILCS 70/5 from Ch. 111 1/2, par. 87-5
410 ILCS 70/5.5
410 ILCS 70/6.1 from Ch. 111 1/2, par. 87-6.1
410 ILCS 70/6.2 from Ch. 111 1/2, par. 87-6.2
410 ILCS 70/6.4 from Ch. 111 1/2, par. 87-6.4
410 ILCS 70/6.5
410 ILCS 70/6.6
410 ILCS 70/7 from Ch. 111 1/2, par. 87-7
410 ILCS 70/7.5
410 ILCS 70/8 from Ch. 111 1/2, par. 87-8
410 ILCS 70/9 from Ch. 111 1/2, par. 87-9

 Amends the Sexual Assault Survivors Emergency Treatment Act. Defines "eligible health care facility" as a hospital, emergency department, or outpatient clinic that delivers health care, including, but not limited to, care for a sexual assault survivor. Changes references from "hospital" to "eligible health care facility" and makes conforming changes. Changes references from "hospital emergency services" to "emergency services". Provides that sexual assault nurse examiners who examine pediatric patients should have completed specified training and have a specified certification. Makes other changes. Effective immediately.



LRB100 11373 MJP 21764 b


FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 


HB3852LRB100 11373 MJP 21764 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, 2, 2.1, 2.2, 
63, 5, 5.5, 6.1, 6.2, 6.4, 6.5, 6.6, 7, 7.5, 8, and 9 as follows:



7 (410 ILCS 70/1a) (from Ch. 111 1/2, par. 87-1a)


8 Sec. 1a. Definitions. In this Act:

9 "Ambulance provider" means an individual or entity that 
10owns and operates a business or service using ambulances or 
11emergency medical services vehicles to transport emergency 
12patients.

13 "Areawide sexual assault treatment plan" means a plan, 
14developed by the eligible health care facilities hospitals in 
15the community or area to be served, which provides for hospital 
16emergency services to sexual assault survivors that shall be 
17made available by each of the participating eligible health 
18care facilities hospitals.

19 "Department" means the Department of Public Health.

20 "Eligible health care facility" means a hospital, 
21emergency department, or outpatient clinic that delivers 
22health care, including, but not limited to, care for a sexual 
23assault survivor. 
 
 
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1 "Emergency contraception" means medication as approved by 
2the federal Food and Drug Administration (FDA) that can 
3significantly reduce the risk of pregnancy if taken within 72 
4hours after sexual assault.

5 "Emergency services" means health care delivered to 
6outpatients within or under the care and supervision of 
7personnel working in a designated emergency department of a 
8hospital or outpatient clinic of an eligible health facility, 
9including, but not limited to, care ordered by such personnel 
10for a sexual assault survivor. 
11 "Follow-up healthcare" means healthcare services related 
12to a sexual assault, including laboratory services and pharmacy 
13services, rendered within 90 days of the initial visit for 
14hospital emergency services.

15 "Forensic services" means the collection of evidence 
16pursuant to a statewide sexual assault evidence collection 
17program administered by the Department of State Police, using 
18the Illinois State Police Sexual Assault Evidence Collection 
19Kit.

20 "Health care professional" means a physician, a physician 
21assistant, or an advanced practice nurse.

22 "Hospital" has the meaning given to that term in the 
23Hospital Licensing Act.

24 "Hospital emergency services" means healthcare delivered 
25to outpatients within or under the care and supervision of 
26personnel working in a designated emergency department of a 
 
 
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1hospital, including, but not limited to, care ordered by such 
2personnel for a sexual assault survivor in the emergency 
3department.

4 "Illinois State Police Sexual Assault Evidence Collection 
5Kit" means a prepackaged set of materials and forms to be used 
6for the collection of evidence relating to sexual assault. The 
7standardized evidence collection kit for the State of Illinois 
8shall be the Illinois State Police Sexual Assault Evidence 
9Collection Kit.

10 "Law enforcement agency having jurisdiction" means the law 
11enforcement agency in the jurisdiction where an alleged sexual 
12assault or sexual abuse occurred.
13 "Nurse" means a nurse licensed under the Nurse
Practice 
14Act.

15 "Physician" means a person licensed to practice medicine in 
16all its branches.

17 "Sexual assault" means an act of nonconsensual sexual 
18conduct or sexual penetration, as defined in Section 11-0.1 of 
19the Criminal Code of 2012, including, without limitation, acts 
20prohibited under Sections 11-1.20 through 11-1.60 of the 
21Criminal Code of 2012.

22 "Sexual assault nurse examiner" means a registered nurse 
23who has completed a sexual assault nurse examiner (SANE) 
24training program that meets the Forensic Sexual Assault Nurse 
25Examiner Education Guidelines established by the International 
26Association of Forensic Nurses with separate certification for 
 
 
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1adult and pediatric sexual assault care. 
2 "Sexual assault survivor" means a person who presents for 
3hospital emergency services to an eligible health care facility 
4in relation to injuries or trauma resulting from a sexual 
5assault.

6 "Sexual assault transfer plan" means a written plan 
7developed by an eligible health care facility a hospital and 
8approved by the Department, which describes the eligible health 
9care facility's hospital's procedures for transferring sexual 
10assault survivors to another eligible health care facility 
11hospital in order to receive emergency treatment.

12 "Sexual assault treatment plan" means a written plan 
13developed by an eligible healthcare facility a hospital that 
14describes the eligible health care facility's hospital's 
15procedures and protocols for providing hospital emergency 
16services and forensic services to sexual assault survivors who 
17present themselves for such services, either directly or 
18through transfer from another eligible healthcare facility 
19hospital.

20 "Transfer services" means the appropriate medical 
21screening examination and necessary stabilizing treatment 
22prior to the transfer of a sexual assault survivor to an 
23eligible healthcare facility a hospital that provides hospital 
24emergency services and forensic services to sexual assault 
25survivors pursuant to a sexual assault treatment plan or 
26areawide sexual assault treatment plan.


 
 
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1 "Voucher" means a document generated by an eligible health 
2care facility a hospital at the time the sexual assault 
3survivor receives hospital emergency and forensic services 
4that a sexual assault survivor may present to providers for 
5follow-up healthcare. 
6(Source: P.A. 99-454, eff. 1-1-16; 99-801, eff. 1-1-17.)





7 (410 ILCS 70/2) (from Ch. 111 1/2, par. 87-2)



8 Sec. 2. Eligible health care facility Hospital 
9requirements.
 Every eligible health care facility hospital

10required to be licensed by the Department pursuant to
the 
11Hospital Licensing Act, approved July 1, 1953, as now or 
12hereafter
amended, or licensed by the Department under any 
13other applicable law, or that is regulated by a State or 
14federal agency governing outpatient facilities, which provides 
15general medical and surgical hospital services
shall provide 
16either (i) transfer services or (ii) hospital emergency 
17services and forensic services, in accordance with rules and

18regulations adopted by the Department,
to all
sexual assault 
19survivors who apply for either (i) transfer services or (ii) 
20hospital emergency services and forensic services in
relation 
21to injuries or trauma resulting from the sexual assault.

22 In addition, every such eligible health care facility 
23hospital, regardless of whether or not a request
is made for 
24reimbursement, shall submit
to the Department a plan to provide 
25either (i) transfer services or (ii) hospital emergency 
 
 
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1services and forensic services to sexual assault survivors.

2Such plan shall be submitted within 60 days after receipt of 
3the
Department's request for this plan, to the Department for 
4approval prior to such plan becoming effective. The
Department 
5shall approve such plan for
either (i) transfer services or 
6(ii) hospital emergency services and forensic services
to 
7sexual assault survivors if it finds that the implementation of

8the proposed plan would provide adequate (i) transfer services 
9or (ii) hospital emergency services and forensic services for

10sexual assault survivors and provide sufficient protections 
11from the
risk of pregnancy to
sexual assault survivors.

12 The Department shall periodically
conduct on site
reviews

13of such approved
plans with eligible health care facility 
14hospital personnel to insure that the established procedures

15are being followed.
16 On January 1, 2007, and each January 1 thereafter, the 
17Department shall submit a report to the General Assembly 
18containing information on the eligible health care facilities 
19hospitals in this State that have submitted a plan to provide 
20either (i) transfer services or (ii) hospital emergency 
21services and forensic services to sexual assault survivors. The 
22Department shall post on its Internet website the report 
23required in this Section. The report shall include all of the 
24following:
25  (1) A list of all eligible health care facilities 
26 hospitals that have submitted a plan.
 
 
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1  (2) A list of eligible health care facilities hospitals 
2 whose plans have been found by the Department to be in 
3 compliance with this Act.
4  (3) A list of eligible health care facilities hospitals 
5 that have failed to submit an acceptable Plan of Correction 
6 within the time required by Section 2.1 of this Act.
7  (4) A list of eligible health care facilities hospitals 
8 at which the periodic site review required by this Act has 
9 been conducted.

10When an eligible health care facility a hospital listed as 
11noncompliant under item (3) of this Section submits and 
12implements the required Plan of Correction, the Department 
13shall immediately update the report on its Internet website to 
14reflect that eligible health care facility's hospital's 
15compliance.

16(Source: P.A. 94-762, eff. 5-12-06; 95-432, eff. 1-1-08.)





17 (410 ILCS 70/2.1) (from Ch. 111 1/2, par. 87-2.1)



18 Sec. 2.1. Plan of correction; penalties.
If the Department 
19surveyor determines that
the eligible health care facility 
20hospital is not
in compliance with its approved plan, the 
21surveyor shall provide the eligible health care facility

22hospital with a written list of the specific items of 
23noncompliance within
10 working days after the conclusion of 
24the on site review. The eligible health care facility hospital 
25shall have
10 working days to submit to the Department a plan 
 
 
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1of
correction which
contains the eligible health care 
2facility's hospital's specific proposals for correcting the 
3items of
noncompliance. The Department shall review the plan of

4correction and
notify the eligible health care facility 
5hospital in writing within 10 working days as to whether the 
6plan is acceptable
or unacceptable.

7 If the Department finds the Plan of Correction

8unacceptable, the eligible health care facility
hospital shall 
9have 10 working days to resubmit an acceptable Plan of

10Correction. Upon notification that its Plan of Correction is 
11acceptable, an eligible health care facility a
hospital shall 
12implement the Plan of Correction within 60 days.

13 The failure to submit an acceptable Plan of Correction or 
14to implement
the Plan of Correction, within the time frames 
15required in this Section,
will subject an eligible health care 
16facility a hospital to the imposition of a fine by the 
17Department. The
Department may impose a fine of up to $500 per 
18day
until an eligible health care facility a hospital
complies 
19with the requirements of this Section.

20 Before imposing a fine pursuant to this Section, the 
21Department shall
provide the eligible health care facility 
22hospital via certified mail with written notice and an

23opportunity for an administrative hearing. Such hearing must be 
24requested
within 10 working days after receipt of the 
25Department's Notice.
All hearings
shall be conducted in 
26accordance with the Department's
rules
in
administrative 
 
 
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1hearings.

2(Source: P.A. 94-762, eff. 5-12-06; 95-432, eff. 1-1-08.)





3 (410 ILCS 70/2.2)


4 Sec. 2.2. Emergency contraception. 

5 (a) The General Assembly finds:


6  (1) Crimes of sexual assault and sexual abuse
cause 
7 significant physical, emotional, and
psychological trauma 
8 to the victims. This trauma is compounded by a victim's

9 fear of becoming pregnant and bearing a child as a result 
10 of the sexual
assault.


11  (2) Each year over 32,000 women become pregnant in the 
12 United States as
the result of rape and
approximately 50% 
13 of these pregnancies end in abortion.


14  (3) As approved for use by the Federal Food and Drug 
15 Administration (FDA),
emergency contraception can 
16 significantly reduce the risk of pregnancy if taken
within 
17 72 hours after the sexual assault.


18  (4) By providing emergency contraception to rape 
19 victims in a timely
manner, the trauma of rape can be 
20 significantly reduced.

21 (b) Within 120 days after the effective date of this 
22amendatory Act of the
92nd General Assembly, every eligible 
23health care facility hospital providing services to sexual

24assault survivors in accordance with a plan approved under 
25Section 2 must
develop a protocol that ensures that each 
 
 
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1survivor of sexual
assault will receive medically and factually 
2accurate and written and oral
information about emergency 
3contraception; the indications and
counter-indications and 
4risks associated with the use of emergency
contraception;
and a 
5description of how and when victims may be provided emergency

6contraception upon
the written order of a physician licensed to 
7practice medicine
in all its branches, a licensed advanced 
8practice nurse, or a licensed physician assistant. The 
9Department shall approve the protocol if it finds
that the 
10implementation of the protocol would provide sufficient 
11protection
for survivors of sexual assault.

12 The eligible health care facility hospital shall implement 
13the protocol upon approval by the Department.
The Department 
14shall adopt rules and regulations establishing one or more safe

15harbor protocols and setting minimum acceptable protocol 
16standards that eligible health care facilities
hospitals may 
17develop and implement. The Department shall approve any 
18protocol
that meets those standards. The Department may provide 
19a sample acceptable
protocol upon request.

20(Source: P.A. 99-173, eff. 7-29-15.)





21 (410 ILCS 70/3) (from Ch. 111 1/2, par. 87-3)



22 Sec. 3. Areawide sexual assault treatment plans; 
23submission. Eligible health care facilities Hospitals in the 
24area to be served may develop and participate in areawide plans 
25that shall describe the hospital emergency services and 
 
 
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1forensic services to sexual assault survivors that each 
2participating eligible health care facility hospital has 
3agreed to make available. Each eligible health care facility 
4hospital participating in such a plan shall provide such 
5services as it is designated to provide in the plan agreed upon 
6by the participants. Areawide plans may include eligible health 
7care facility hospital transfer plans. All areawide plans shall 
8be submitted to the Department for approval, prior to becoming 
9effective. The Department shall approve a proposed plan if it 
10finds that the implementation of the plan would provide for 
11appropriate hospital emergency services and forensic services 
12for the people of the area to be served.

13(Source: P.A. 95-432, eff. 1-1-08.)





14 (410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)


15 Sec. 5. Minimum requirements for eligible health care 
16facilities hospitals providing hospital emergency services and 
17forensic services
to sexual assault survivors.

18 (a) Every eligible health care facility hospital providing 
19hospital emergency services and forensic services to
sexual 
20assault survivors under this Act
shall, as minimum requirements 
21for such services, provide, with the consent
of the sexual 
22assault survivor, and as ordered by the attending
physician, an 
23advanced practice nurse, or a physician assistant, the 
24following:

25  (1) appropriate medical examinations and laboratory

 
 
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1 tests required to ensure the health, safety, and welfare
of 
2 a sexual assault survivor or which may be
used as evidence 
3 in a criminal proceeding against a person accused of the

4 sexual assault, or both; and records of the results of such 
5 examinations
and tests shall be maintained by the eligible 
6 health care facility hospital and made available to law

7 enforcement officials upon the request of the sexual 
8 assault survivor;

9  (2) appropriate oral and written information 
10 concerning the possibility
of infection, sexually 
11 transmitted disease and pregnancy
resulting from sexual 
12 assault;

13  (3) appropriate oral and written information 
14 concerning accepted medical
procedures, medication, and 
15 possible contraindications of such medication
available 
16 for the prevention or treatment of infection or disease 
17 resulting
from sexual assault;

18  (4) an amount of medication for treatment at the 
19 eligible health care facility hospital and after discharge 
20 as is deemed appropriate by the attending physician, an 
21 advanced practice nurse, or a physician assistant and 
22 consistent with the eligible health care facility's 
23 hospital's current approved protocol for sexual assault 
24 survivors;

25  (5) an evaluation of the sexual assault survivor's risk 
26 of contracting human immunodeficiency virus (HIV) from the 
 
 
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1 sexual assault;

2  (6) written and oral instructions indicating the need 
3 for follow-up examinations and laboratory tests after the 
4 sexual assault to determine the presence or absence of

5 sexually transmitted disease;

6  (7) referral by eligible health care facility hospital 
7 personnel for appropriate counseling; and

8  (8) when HIV prophylaxis is deemed appropriate, an 
9 initial dose or doses of HIV prophylaxis, along with 
10 written and oral instructions indicating the importance of

11 timely follow-up healthcare.

12 (b) Any person who is a sexual assault survivor who seeks 
13emergency hospital services and forensic services or follow-up 
14healthcare
under this Act shall be provided such services 
15without the consent
of any parent, guardian, custodian, 
16surrogate, or agent.

17 (b-5) Every treating eligible health care facility 
18hospital providing hospital emergency and forensic services to 
19sexual assault survivors shall issue a voucher to any sexual 
20assault survivor who is eligible to receive one. The eligible 
21health care facility hospital shall make a copy of the voucher 
22and place it in the medical record of the sexual assault 
23survivor. The eligible health care facility hospital shall 
24provide a copy of the voucher to the sexual assault survivor 
25after discharge upon request.
26 (c) Nothing in this Section creates a physician-patient 
 
 
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1relationship that extends beyond discharge from the hospital or 
2outpatient clinic's emergency department.

3(Source: P.A. 99-173, eff. 7-29-15; 99-454, eff. 1-1-16; 
499-642, eff. 7-28-16.)


5 (410 ILCS 70/5.5)

6 Sec. 5.5. Minimum reimbursement requirements for follow-up 
7healthcare.
8 (a) Every eligible health care facility hospital, health 
9care professional, laboratory, or pharmacy that provides 
10follow-up healthcare to a sexual assault survivor, with the 
11consent of the sexual assault survivor and as ordered by the 
12attending physician, an advanced practice nurse, or physician 
13assistant shall be reimbursed for the follow-up healthcare 
14services provided. Follow-up healthcare services include, but 
15are not limited to, the following:
16  (1) a physical examination;
17  (2) laboratory tests to determine the presence or 
18 absence of sexually transmitted disease; and
19  (3) appropriate medications, including HIV 
20 prophylaxis.
21 (b) Reimbursable follow-up healthcare is limited to office 
22visits with a physician, advanced practice nurse, or physician 
23assistant within 90 days after an initial visit for hospital 
24emergency services.
25 (c) Nothing in this Section requires an eligible health 
 
 
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1care facility a hospital, health care professional, 
2laboratory, or pharmacy to provide follow-up healthcare to a 
3sexual assault survivor.

4(Source: P.A. 99-173, eff. 7-29-15.)




5 (410 ILCS 70/6.1) (from Ch. 111 1/2, par. 87-6.1)



6 Sec. 6.1. Minimum standards. The Department shall

7prescribe minimum standards, rules, and
regulations necessary

8to implement this Act, which shall apply to every eligible 
9health care facility hospital
required to be licensed by the 
10Department that provides general medical and surgical hospital 
11services.
Such standards shall include, but not be limited to, 
12a
uniform system for recording results of medical examinations

13and all diagnostic tests performed in connection therewith to

14determine the condition and necessary treatment of
sexual 
15assault survivors, which results shall be preserved in a

16confidential manner as part of the eligible health care 
17facility's hospital record of the sexual assault survivor.

18(Source: P.A. 95-432, eff. 1-1-08.)





19 (410 ILCS 70/6.2) (from Ch. 111 1/2, par. 87-6.2)



20 Sec. 6.2. Assistance and grants. The Department shall

21assist in the development and operation
of programs which 
22provide hospital emergency services and forensic services to 
23sexual assault
survivors, and, where necessary, to provide 
24grants to eligible health care facilities hospitals for
this 
 
 
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1purpose.

2(Source: P.A. 95-432, eff. 1-1-08.)




3 (410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4)


4 Sec. 6.4. Sexual assault evidence collection program. 

5 (a) There is created a statewide sexual assault evidence 
6collection program
to facilitate the prosecution of persons 
7accused of sexual assault. This
program shall be administered 
8by the Illinois
State Police. The program shall
consist of the 
9following: (1) distribution of sexual assault evidence

10collection kits which have been approved by the Illinois
State 
11Police to eligible health care facilities hospitals that 
12request them, or arranging for
such distribution by the 
13manufacturer of the kits, (2) collection of the kits
from 
14eligible health care facilities hospitals after the kits have 
15been used to collect
evidence, (3) analysis of the collected 
16evidence and conducting of laboratory
tests, (4) maintaining 
17the chain of custody and safekeeping of the evidence
for use in 
18a legal proceeding, and (5) the comparison of the collected 
19evidence with the genetic marker grouping analysis information 
20maintained by the Department of State Police under Section 
215-4-3 of the Unified Code of Corrections and with the 
22information contained in the Federal Bureau of Investigation's 
23National DNA database; provided the amount and quality of 
24genetic marker grouping results obtained from the evidence in 
25the sexual assault case meets the requirements of both the 
 
 
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1Department of State Police and the Federal Bureau of 
2Investigation's Combined DNA Index System (CODIS) policies. 
3The standardized evidence collection kit for
the State of 
4Illinois shall be the Illinois State Police Sexual Assault 
5Evidence Kit and shall include a written consent form 
6authorizing law enforcement to test the sexual assault evidence 
7and to provide law enforcement with details of the sexual 
8assault.

9 (a-5) (Blank).

10 (b) The Illinois State Police shall administer a program to 
11train eligible health care facilities hospitals
and eligible 
12health care facility hospital personnel participating in the 
13sexual assault evidence collection
program, in the correct use 
14and application of the sexual assault evidence
collection kits. 
15A sexual assault nurse examiner may conduct
examinations using 
16the sexual assault evidence collection kits, without the

17presence or participation of a physician. The Department
shall

18cooperate with the Illinois State Police in this
program as it 
19pertains to medical aspects of the evidence collection.

20 (c) Sexual assault nurse examiners who examine pediatric 
21patients should have completed pediatric sexual assault nurse 
22examiner training and be certified by the International 
23Association of Forensic Nurses. In this Section, "sexual 
24assault nurse examiner" means a registered
nurse
who has 
25completed a sexual assault nurse examiner (SANE) training 
26program that
meets the Forensic Sexual Assault Nurse Examiner 
 
 
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1Education Guidelines
established by the International 
2Association of Forensic Nurses.

3(Source: P.A. 99-801, eff. 1-1-17.)


4 (410 ILCS 70/6.5)
5 Sec. 6.5. Written consent to the release of sexual assault 
6evidence for testing.
7 (a) Upon the completion of hospital emergency services and 
8forensic services, the health care professional providing the 
9forensic services shall provide the patient the opportunity to 
10sign a written consent to allow law enforcement to submit the 
11sexual assault evidence for testing. The written consent shall 
12be on a form included in the sexual assault evidence collection 
13kit and shall include whether the survivor consents to the 
14release of information about the sexual assault to law 
15enforcement.
16  (1) A survivor 13 years of age or older may sign the 
17 written consent to release the evidence for testing.
18  (2) If the survivor is a minor who is under 13 years of 
19 age, the written consent to release the sexual assault 
20 evidence for testing may be signed by the parent, guardian, 
21 investigating law enforcement officer, or Department of 
22 Children and Family Services.
23  (3) If the survivor is an adult who has a guardian of 
24 the person, a health care surrogate, or an agent acting 
25 under a health care power of attorney, the consent of the 
 
 
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1 guardian, surrogate, or agent is not required to release 
2 evidence and information concerning the sexual assault or 
3 sexual abuse. If the adult is unable to provide consent for 
4 the release of evidence and information and a guardian, 
5 surrogate, or agent under a health care power of attorney 
6 is unavailable or unwilling to release the information, 
7 then an investigating law enforcement officer may 
8 authorize the release.
9  (4) Any health care professional, including any 
10 physician, advanced practice nurse, physician assistant, 
11 or nurse, sexual assault nurse examiner, and any health 
12 care institution, including any eligible health care 
13 facility hospital, who provides evidence or information to 
14 a law enforcement officer under a written consent as 
15 specified in this Section is immune from any civil or 
16 professional liability that might arise from those 
17 actions, with the exception of willful or wanton 
18 misconduct. The immunity provision applies only if all of 
19 the requirements of this Section are met.
20 (b) The eligible health care facility hospital shall keep a 
21copy of a signed or unsigned written consent form in the 
22patient's medical record.
23 (c) If a written consent to allow law enforcement to test 
24the sexual assault evidence is not signed at the completion of 
25hospital emergency services and forensic services, the 
26eligible health care facility hospital shall include the 
 
 
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1following information in its discharge instructions:
2  (1) the sexual assault evidence will be stored for 5 
3 years from the completion of an Illinois State Police 
4 Sexual Assault Evidence Collection Kit, or 5 years from the 
5 age of 18 years, whichever is longer;
6  (2) a person authorized to consent to the testing of 
7 the sexual assault evidence may sign a written consent to 
8 allow law enforcement to test the sexual assault evidence 
9 at any time during that 5-year period for an adult victim, 
10 or until a minor victim turns 23 years of age by (A) 
11 contacting the law enforcement agency having jurisdiction, 
12 or if unknown, the law enforcement agency contacted by the 
13 eligible health care facility hospital under Section 3.2 of 
14 the Criminal Identification Act; or (B) by working with an 
15 advocate at a rape crisis center or child advocacy center;
16  (3) the name, address, and phone number of the law 
17 enforcement agency having jurisdiction, or if unknown the 
18 name, address, and phone number of the law enforcement 
19 agency contacted by the eligible health care facility 
20 hospital under Section 3.2 of the Criminal Identification 
21 Act; and
22  (4) the name and phone number of a local rape crisis 
23 center or child advocacy center.

24(Source: P.A. 99-801, eff. 1-1-17.)

25 (410 ILCS 70/6.6)
 
 
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1 Sec. 6.6. Submission of sexual assault evidence.
2 (a) As soon as practicable, but in no event more than 4 
3hours after the completion of hospital emergency services and 
4forensic services, the eligible health care facility hospital 
5shall make reasonable efforts to determine the law enforcement 
6agency having jurisdiction where the sexual assault occurred. 
7The eligible health care facility hospital may obtain the name 
8of the law enforcement agency with jurisdiction from the local 
9law enforcement agency.
10 (b) Within 4 hours after the completion of hospital 
11emergency services and forensic services, the eligible health 
12care facility hospital shall notify the law enforcement agency 
13having jurisdiction that the eligible health care facility 
14hospital is in possession of sexual assault evidence and the 
15date and time the collection of evidence was completed. The 
16eligible health care facility hospital shall document the 
17notification in the patient's medical records and shall include 
18the agency notified, the date and time of the notification and 
19the name of the person who received the notification. This 
20notification to the law enforcement agency having jurisdiction 
21satisfies the eligible health care facility hospital's 
22requirement to contact its local law enforcement agency under 
23Section 3.2 of the Criminal Identification Act.
24 (c) If the law enforcement agency having jurisdiction has 
25not taken physical custody of sexual assault evidence within 5 
26days of the first contact by the eligible health care facility 
 
 
HB3852- 22 -LRB100 11373 MJP 21764 b


1hospital, the eligible health care facility hospital shall 
2renotify re-notify the law enforcement agency having 
3jurisdiction that the eligible health care facility hospital is 
4in possession of sexual assault evidence and the date the 
5sexual assault evidence was collected. The eligible health care 
6facility hospital shall document the renotification 
7re-notification in the patient's medical records and shall 
8include the agency notified, the date and time of the 
9notification and the name of the person who received the 
10notification.
11 (d) If the law enforcement agency having jurisdiction has 
12not taken physical custody of the sexual assault evidence 
13within 10 days of the first contact by the eligible health care 
14facility hospital and the eligible health care facility 
15hospital has provided renotification under subsection (c) of 
16this Section, the eligible health care facility hospital shall 
17contact the State's Attorney of the county where the law 
18enforcement agency having jurisdiction is located. The 
19eligible health care facility hospital shall inform the State's 
20Attorney that the eligible health care facility hospital is in 
21possession of sexual assault evidence, the date the sexual 
22assault evidence was collected, the law enforcement agency 
23having jurisdiction, the dates, times and names of persons 
24notified under subsections (b) and (c) of this Section. The 
25notification shall be made within 14 days of the collection of 
26the sexual assault evidence.

 
 
HB3852- 23 -LRB100 11373 MJP 21764 b


1(Source: P.A. 99-801, eff. 1-1-17; revised 10-26-16.)



2 (410 ILCS 70/7) (from Ch. 111 1/2, par. 87-7)



3 Sec. 7. Reimbursement. 
4 (a) An eligible health care facility A hospital or health 
5care professional furnishing hospital emergency services or 
6forensic services, an ambulance provider furnishing 
7transportation to a sexual assault survivor, an eligible health 
8care facility a hospital, health care professional, or 
9laboratory providing follow-up healthcare, or a pharmacy 
10dispensing prescribed medications to any sexual assault 
11survivor shall furnish such services or medications to that 
12person without charge and shall seek payment as follows:
13  (1) If a sexual assault survivor is eligible to receive 
14 benefits under the medical assistance program under 
15 Article V of the Illinois Public Aid Code, the ambulance 
16 provider, eligible health care facility hospital, health 
17 care professional, laboratory, or pharmacy must submit the 
18 bill to the Department of Healthcare and Family Services or 
19 the appropriate Medicaid managed care organization and 
20 accept the amount paid as full payment.
21  (2) If a sexual assault survivor is covered by one or 
22 more policies of health insurance or is a beneficiary under 
23 a public or private health coverage program, the ambulance 
24 provider, eligible health care facility hospital, health 
25 care professional, laboratory, or pharmacy shall bill the 
 
 
HB3852- 24 -LRB100 11373 MJP 21764 b


1 insurance company or program. With respect to such insured 
2 patients, applicable deductible, co-pay, co-insurance, 
3 denial of claim, or any other out-of-pocket 
4 insurance-related expense may be submitted to the Illinois 
5 Sexual Assault Emergency Treatment Program of the 
6 Department of Healthcare and Family Services in accordance 
7 with 89 Ill. Adm. Code 148.510 for payment at the 
8 Department of Healthcare and Family Services' allowable 
9 rates under the Illinois Public Aid Code. The ambulance 
10 provider, eligible health care facility hospital, health 
11 care professional, laboratory, or pharmacy shall accept 
12 the amounts paid by the insurance company or health 
13 coverage program and the Illinois Sexual Assault Treatment 
14 Program as full payment.
15  (3) If a sexual assault survivor is neither eligible to 
16 receive benefits under the medical assistance program 
17 under Article V of the Public Aid Code nor covered by a 
18 policy of insurance or a public or private health coverage 
19 program, the ambulance provider, eligible health care 
20 facility hospital, health care professional, laboratory, 
21 or pharmacy shall submit the request for reimbursement to 
22 the Illinois Sexual Assault Emergency Treatment Program 
23 under the Department of Healthcare and Family Services in 
24 accordance with 89 Ill. Adm. Code 148.510 at the Department 
25 of Healthcare and Family Services' allowable rates under 
26 the Illinois Public Aid Code.
 
 
HB3852- 25 -LRB100 11373 MJP 21764 b


1  (4) If a sexual assault survivor presents a voucher for 
2 follow-up healthcare, the healthcare professional or 
3 laboratory that provides follow-up healthcare or the 
4 pharmacy that dispenses prescribed medications to a sexual 
5 assault survivor shall submit the request for 
6 reimbursement for follow-up healthcare, laboratory, or 
7 pharmacy services to the Illinois Sexual Assault Emergency 
8 Treatment Program under the Department of Healthcare and 
9 Family Services in accordance with 89 Ill. Adm. Code 
10 148.510 at the Department of Healthcare and Family 
11 Services' allowable rates under the Illinois Public Aid 
12 Code. Nothing in this subsection (a) precludes eligible 
13 health care facilities hospitals from providing follow-up 
14 healthcare and receiving reimbursement under this Section. 

15 (b) Nothing in this Section precludes an eligible health 
16care facility a hospital, health care provider, ambulance 
17provider, laboratory, or pharmacy from billing the sexual 
18assault survivor or any applicable health insurance or coverage 
19for inpatient services.
20 (c) (Blank).
21 (d) On and after July 1, 2012, the Department shall reduce 
22any rate of reimbursement for services or other payments or 
23alter any methodologies authorized by this Act or the Illinois 
24Public Aid Code to reduce any rate of reimbursement for 
25services or other payments in accordance with Section 5-5e of 
26the Illinois Public Aid Code. 
 
 
HB3852- 26 -LRB100 11373 MJP 21764 b


1 (e) The Department of Healthcare and Family Services shall 
2establish standards, rules, and regulations to implement this 
3Section.

4(Source: P.A. 98-463, eff. 8-16-13; 99-454, eff. 1-1-16.)


5 (410 ILCS 70/7.5)
6 Sec. 7.5. Prohibition on billing sexual assault survivors 
7directly for certain services; written notice; billing 
8protocols.
9 (a) An eligible health care facility A hospital, health 
10care professional, ambulance provider, laboratory, or pharmacy 
11furnishing hospital emergency services, forensic services, 
12transportation, follow-up healthcare, or medication to a 
13sexual assault survivor shall not: 
14  (1) charge or submit a bill for any portion of the 
15 costs of the services, transportation, or medications to 
16 the sexual assault survivor, including any insurance 
17 deductible, co-pay, co-insurance, denial of claim by an 
18 insurer, spenddown, or any other out-of-pocket expense;
19  (2) communicate with, harass, or intimidate the sexual 
20 assault survivor for payment of services, including, but 
21 not limited to, repeatedly calling or writing to the sexual 
22 assault survivor and threatening to refer the matter to a 
23 debt collection agency or to an attorney for collection, 
24 enforcement, or filing of other process;
25  (3) refer a bill to a collection agency or attorney for 
 
 
HB3852- 27 -LRB100 11373 MJP 21764 b


1 collection action against the sexual assault survivor;
2  (4) contact or distribute information to affect the 
3 sexual assault survivor's credit rating; or
4  (5) take any other action adverse to the sexual assault 
5 survivor or his or her family on account of providing 
6 services to the sexual assault survivor.
7 (b) Nothing in this Section precludes an eligible health 
8care facility a hospital, health care provider, ambulance 
9provider, laboratory, or pharmacy from billing the sexual 
10assault survivor or any applicable health insurance or coverage 
11for inpatient services.
12 (c) Within 60 days after the effective date of this 
13amendatory Act of the 99th General Assembly, every eligible 
14health care facility hospital providing treatment services to 
15sexual assault survivors in accordance with a plan approved 
16under Section 2 of this Act shall provide a written notice to a 
17sexual assault survivor. The written notice must include, but 
18is not limited to, the following:
19  (1) a statement that the sexual assault survivor should 
20 not be directly billed by any ambulance provider providing 
21 transportation services, or by any eligible health care 
22 facility hospital, health care professional, laboratory, 
23 or pharmacy for the services the sexual assault survivor 
24 received as an outpatient at the eligible health care 
25 facility hospital;
26  (2) a statement that a sexual assault survivor who is 
 
 
HB3852- 28 -LRB100 11373 MJP 21764 b


1 admitted to a hospital may be billed for inpatient services 
2 provided by a hospital, health care professional, 
3 laboratory, or pharmacy;
4  (3) a statement that prior to leaving the emergency 
5 department of the treating facility, the eligible health 
6 care facility hospital will give the sexual assault 
7 survivor a voucher for follow-up healthcare if the sexual 
8 assault survivor is eligible to receive a voucher;
9  (4) the definition of "follow-up healthcare" as set 
10 forth in Section 1a of this Act;
11  (5) a phone number the sexual assault survivor may call 
12 should the sexual assault survivor receive a bill from the 
13 eligible health care facility hospital for hospital 
14 emergency services and forensic services;
15  (6) the toll-free phone number of the Office of the 
16 Illinois Attorney General, Crime Victim Services Division, 
17 which the sexual assault survivor may call should the 
18 sexual assault survivor receive a bill from an ambulance 
19 provider, a health care professional, a laboratory, or a 
20 pharmacy.
21 This subsection (c) shall not apply to eligible health care 
22facilities hospitals that provide transfer services as defined 
23under Section 1a of this Act.
24 (d) Within 60 days after the effective date of this 
25amendatory Act of the 99th General Assembly, every health care 
26professional, except for those employed by an eligible health 
 
 
HB3852- 29 -LRB100 11373 MJP 21764 b


1care facility a hospital or hospital affiliate, as defined in 
2the Hospital Licensing Act, or those employed by a hospital 
3operated under the University of Illinois Hospital Act, who 
4bills separately for hospital emergency services or forensic 
5services must develop a billing protocol that ensures that no 
6survivor of sexual assault will be sent a bill for any hospital 
7emergency services or forensic services and submit the billing 
8protocol to the Crime Victim Services Division of the Office of 
9the Attorney General for approval. Health care professionals 
10who bill as a legal entity may submit a single billing protocol 
11for the billing entity. The billing protocol must include at a 
12minimum:
13  (1) a description of training for persons who prepare 
14 bills for hospital emergency services and forensic 
15 services;
16  (2) a written acknowledgement signed by a person who 
17 has completed the training that the person will not bill 
18 survivors of sexual assault;
19  (3) prohibitions on submitting any bill for any portion 
20 of hospital emergency services or forensic services 
21 provided to a survivor of sexual assault to a collection 
22 agency;
23  (4) prohibitions on taking any action that would 
24 adversely affect the credit of the survivor of sexual 
25 assault;
26  (5) the termination of all collection activities if the 
 
 
HB3852- 30 -LRB100 11373 MJP 21764 b


1 protocol is violated; and
2  (6) the actions to be taken if a bill is sent to a 
3 collection agency or the failure to pay is reported to any 
4 credit reporting agency.
5 The Crime Victim Services Division of the Office of the 
6Attorney General may provide a sample acceptable billing 
7protocol upon request.
8 The Office of the Attorney General shall approve a proposed 
9protocol if it finds that the implementation of the protocol 
10would result in no survivor of sexual assault being billed or 
11sent a bill for hospital emergency services or forensic 
12services.
13 If the Office of the Attorney General determines that 
14implementation of the protocol could result in the billing of a 
15survivor of sexual assault for hospital emergency services or 
16forensic services, the Office of the Attorney General shall 
17provide the health care professional with a written statement 
18of the deficiencies in the protocol. The health care 
19professional shall have 30 days to submit a revised billing 
20protocol addressing the deficiencies to the Office of the 
21Attorney General. The health care professional shall implement 
22the protocol upon approval by the Crime Victim Services 
23Division of the Office of the Attorney General.
24 The health care professional shall submit any proposed 
25revision to or modification of an approved billing protocol to 
26the Crime Victim Services Division of the Office of the 
 
 
HB3852- 31 -LRB100 11373 MJP 21764 b


1Attorney General for approval. The health care professional 
2shall implement the revised or modified billing protocol upon 
3approval by the Crime Victim Services Division of the Office of 
4the Illinois Attorney General.

5(Source: P.A. 99-454, eff. 1-1-16.)



6 (410 ILCS 70/8) (from Ch. 111 1/2, par. 87-8)



7 Sec. 8. Penalties.  
8 (a) Any eligible health care facility hospital violating 
9any provisions of this Act other than Section 7.5
shall be 
10guilty of a petty offense for each violation, and any fine 
11imposed
shall be paid into the general corporate funds of the 
12city, incorporated
town or village in which the eligible health 
13care facility hospital is located, or of the county, in case

14such eligible health care facility hospital is outside the 
15limits of any incorporated municipality. 

16 (b) The Attorney General may seek the assessment of one or 
17more of the following civil monetary penalties in any action 
18filed under this Act where the eligible health care facility 
19hospital, health care professional, ambulance provider, 
20laboratory, or pharmacy knowingly violates Section 7.5 of the 
21Act: 
22  (1) For willful violations of paragraphs (1), (2), (4), 
23 or (5) of subsection (a) of Section 7.5 or subsection (c) 
24 of Section 7.5, the civil monetary penalty shall not exceed 
25 $500 per violation.
 
 
HB3852- 32 -LRB100 11373 MJP 21764 b


1  (2) For violations of paragraphs (1), (2), (4), or (5) 
2 of subsection (a) of Section 7.5 or subsection (c) of 
3 Section 7.5 involving a pattern or practice, the civil 
4 monetary penalty shall not exceed $500 per violation.
5  (3) For violations of paragraph (3) of subsection (a) 
6 of Section 7.5, the civil monetary penalty shall not exceed 
7 $500 for each day the bill is with a collection agency.
8  (4) For violations involving the failure to submit 
9 billing protocols within the time period required under 
10 subsection (d) of Section 7.5, the civil monetary penalty 
11 shall not exceed $100 per day until the health care 
12 professional complies with subsection (d) of Section 7.5.
13 All civil monetary penalties shall be deposited into the 
14Violent Crime Victims Assistance Fund. 
15(Source: P.A. 99-454, eff. 1-1-16.)





16 (410 ILCS 70/9) (from Ch. 111 1/2, par. 87-9)



17 Sec. 9. 
Nothing in this Act shall be construed to require
a 
18eligible health care facility hospital to provide any services 
19which relate to an abortion.

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



21 Section 99. Effective date. This Act takes effect upon 
22becoming law.