104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB1286
 
Introduced 1/28/2025, by Sen. Jil Tracy
 
SYNOPSIS AS INTRODUCED:

New Act
    Creates the Domestic Violence Survivor Health Care Billing Act. Provides that a domestic violence survivor who is not the subscriber or primary policyholder of a health insurance plan may opt out of billing the health insurer for medical forensic services related to domestic violence if the domestic violence survivor provides a sworn statement or affidavit attesting to the domestic violence and any additional documentation to support the claim of domestic violence, which may include, but is not limited to, a police report, a protective order, or documentation from a domestic violence shelter or program that the health care practitioner may request. Provides that if the domestic violence survivor chooses to not have the health insurer billed, the health care practitioner shall instead submit the bill for the medical forensic services to the Department of Human Services for reimbursement through the Domestic Violence Prevention and Intervention Program or a similar program administered by the Department of Human Services. Provides that reimbursement may be provided regardless of when the incident of domestic violence occurred and is limited to medical forensic services that are directly related to an incident of domestic violence. Defines terms and sets forth provisions concerning rulemaking.


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A BILL FOR
 
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1    AN ACT concerning regulation.

2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:

4    Section 1. Short title. This Act may be cited as the 
5Domestic Violence Survivor Health Care Billing Act.

6    Section 5. Definitions. In this Act:
7    "Domestic violence" means abuse, as defined in the 
8Illinois Domestic Violence Act of 1986, by family or household 
9members, as defined in the Illinois Domestic Violence Act of 
101986.
11    "Domestic violence survivor" means a person who has been 
12subjected to domestic violence.
13    "Health care practitioner" means any health care 
14practitioner, including a physician, dentist, podiatric 
15physician, advanced practice registered nurse, registered 
16nurse, licensed practical nurse, physician assistant, clinical 
17psychologist, clinical social worker, therapist, or counselor. 
18"Health care practitioner" includes a medical office, health 
19care clinic, health department, group practice, and any other 
20organizational structure for a licensed professional to 
21provide health care services.
22    "Health insurance plan" means a contract to provide, 
23deliver, arrange for, pay for, or reimburse the costs of 
 
 
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1health care services.
2    "Health insurer" means an entity subject to the insurance 
3laws and rules of this State, or subject to the jurisdiction of 
4the Director of Insurance, that provides plans of health 
5insurance.
6    "Health insurer" includes a sickness and accident 
7insurance company, a health maintenance organization, limited 
8health service organization, health services plan corporation, 
9or any other entity providing a plan of health insurance, 
10health benefits, or health care services.

11    Section 10. Billing opt-out and reimbursement.
12    (a) A domestic violence survivor who is not the subscriber 
13or primary policyholder of a health insurance plan may opt out 
14of billing the health insurer for medical forensic services 
15related to domestic violence if the domestic violence survivor 
16provides a sworn statement or affidavit attesting to the 
17domestic violence and any additional documentation to support 
18the claim of domestic violence, which may include, but is not 
19limited to, a police report, a protective order, or 
20documentation from a domestic violence shelter or program, 
21that the health care practitioner may request.
22    (b) A health care practitioner who is providing medical 
23forensic services to a domestic violence survivor shall inform 
24the domestic violence survivor of the option to not bill the 
25health insurer for the medical forensic services. If the 
 
 
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1domestic violence survivor chooses to not have the health 
2insurer billed, the health care practitioner shall instead 
3submit the bill for the medical forensic services to the 
4Department of Human Services for reimbursement through the 
5Domestic Violence Prevention and Intervention Program or a 
6similar program administered by the Department of Human 
7Services.
8    (c) Reimbursement under this Act may be provided 
9regardless of when the incident of domestic violence occurred 
10and is limited to medical forensic services that are directly 
11related to an incident of domestic violence.

12    Section 15. Rulemaking. The Department of Human Services 
13shall adopt rules to implement and administer this Act.