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


Bill Title: 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.

Spectrum: Moderate Partisan Bill (Republican 4-1)

Status: (Introduced) 2017-04-28 - Rule 19(a) / Re-referred to Rules Committee [HB3852 Detail]

Download: Illinois-2017-HB3852-Introduced.html


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.
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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

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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.

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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

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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.
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