Bill Text: IL SB3023 | 2021-2022 | 102nd General Assembly | Chaptered

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Bill Title: Amends the Sexual Assault Survivors Emergency Treatment Act. Changes the definition of "follow-up healthcare" to mean specified healthcare services within 180 (instead of 90) days of the initial visit for medical forensic services. Makes corresponding changes.

Spectrum: Moderate Partisan Bill (Democrat 21-3)

Status: (Passed) 2022-06-16 - Public Act . . . . . . . . . 102-1097 [SB3023 Detail]

Download: Illinois-2021-SB3023-Chaptered.html

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Public Act 102-1097
SB3023 Enrolled LRB102 22896 CPF 32049 b
AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Sexual Assault Survivors Emergency
Treatment Act is amended by changing Sections 1a, 1a-1, 2-1,
5-1, 5.4, 5.5, 5.5-1, 7.5, 7.5-1, and 9.5 as follows:
(410 ILCS 70/1a) (from Ch. 111 1/2, par. 87-1a)
Sec. 1a. Definitions.
(a) In this Act:
"Advanced practice registered nurse" has the meaning
provided in Section 50-10 of the Nurse Practice Act.
"Ambulance provider" means an individual or entity that
owns and operates a business or service using ambulances or
emergency medical services vehicles to transport emergency
patients.
"Approved pediatric health care facility" means a health
care facility, other than a hospital, with a sexual assault
treatment plan approved by the Department to provide medical
forensic services to pediatric sexual assault survivors who
present with a complaint of sexual assault within a minimum of
the last 7 days or who have disclosed past sexual assault by a
specific individual and were in the care of that individual
within a minimum of the last 7 days.

"Areawide sexual assault treatment plan" means a plan,
developed by hospitals or by hospitals and approved pediatric
health care facilities in a community or area to be served,
which provides for medical forensic services to sexual assault
survivors that shall be made available by each of the
participating hospitals and approved pediatric health care
facilities.
"Board-certified child abuse pediatrician" means a
physician certified by the American Board of Pediatrics in
child abuse pediatrics.
"Board-eligible child abuse pediatrician" means a
physician who has completed the requirements set forth by the
American Board of Pediatrics to take the examination for
certification in child abuse pediatrics.
"Department" means the Department of Public Health.
"Emergency contraception" means medication as approved by
the federal Food and Drug Administration (FDA) that can
significantly reduce the risk of pregnancy if taken within 72
hours after sexual assault.
"Follow-up healthcare" means healthcare services related
to a sexual assault, including laboratory services and
pharmacy services, rendered within 180 90 days of the initial
visit for medical forensic services.
"Health care professional" means a physician, a physician
assistant, a sexual assault forensic examiner, an advanced
practice registered nurse, a registered professional nurse, a

licensed practical nurse, or a sexual assault nurse examiner.
"Hospital" means a hospital licensed under the Hospital
Licensing Act or operated under the University of Illinois
Hospital Act, any outpatient center included in the hospital's
sexual assault treatment plan where hospital employees provide
medical forensic services, and an out-of-state hospital that
has consented to the jurisdiction of the Department under
Section 2.06.
"Illinois State Police Sexual Assault Evidence Collection
Kit" means a prepackaged set of materials and forms to be used
for the collection of evidence relating to sexual assault. The
standardized evidence collection kit for the State of Illinois
shall be the Illinois State Police Sexual Assault Evidence
Collection Kit.
"Law enforcement agency having jurisdiction" means the law
enforcement agency in the jurisdiction where an alleged sexual
assault or sexual abuse occurred.
"Licensed practical nurse" has the meaning provided in
Section 50-10 of the Nurse Practice Act.
"Medical forensic services" means health care delivered to
patients within or under the care and supervision of personnel
working in a designated emergency department of a hospital or
an approved pediatric health care facility. "Medical forensic
services" includes, but is not limited to, taking a medical
history, performing photo documentation, performing a physical
and anogenital examination, assessing the patient for evidence

collection, collecting evidence in accordance with a statewide
sexual assault evidence collection program administered by the
Illinois State Police using the Illinois State Police Sexual
Assault Evidence Collection Kit, if appropriate, assessing the
patient for drug-facilitated or alcohol-facilitated sexual
assault, providing an evaluation of and care for sexually
transmitted infection and human immunodeficiency virus (HIV),
pregnancy risk evaluation and care, and discharge and
follow-up healthcare planning.
"Pediatric health care facility" means a clinic or
physician's office that provides medical services to pediatric
patients.
"Pediatric sexual assault survivor" means a person under
the age of 13 who presents for medical forensic services in
relation to injuries or trauma resulting from a sexual
assault.
"Photo documentation" means digital photographs or
colposcope videos stored and backed up securely in the
original file format.
"Physician" means a person licensed to practice medicine
in all its branches.
"Physician assistant" has the meaning provided in Section
4 of the Physician Assistant Practice Act of 1987.
"Prepubescent sexual assault survivor" means a female who
is under the age of 18 years and has not had a first menstrual
cycle or a male who is under the age of 18 years and has not

started to develop secondary sex characteristics who presents
for medical forensic services in relation to injuries or
trauma resulting from a sexual assault.
"Qualified medical provider" means a board-certified child
abuse pediatrician, board-eligible child abuse pediatrician, a
sexual assault forensic examiner, or a sexual assault nurse
examiner who has access to photo documentation tools, and who
participates in peer review.
"Registered Professional Nurse" has the meaning provided
in Section 50-10 of the Nurse Practice Act.
"Sexual assault" means:
(1) an act of sexual conduct; as used in this
paragraph, "sexual conduct" has the meaning provided under
Section 11-0.1 of the Criminal Code of 2012; or
(2) any act of sexual penetration; as used in this
paragraph, "sexual penetration" has the meaning provided
under Section 11-0.1 of the Criminal Code of 2012 and
includes, without limitation, acts prohibited under
Sections 11-1.20 through 11-1.60 of the Criminal Code of
2012.
"Sexual assault forensic examiner" means a physician or
physician assistant who has completed training that meets or
is substantially similar to the Sexual Assault Nurse Examiner
Education Guidelines established by the International
Association of Forensic Nurses.
"Sexual assault nurse examiner" means an advanced practice

registered nurse or registered professional nurse who has
completed a sexual assault nurse examiner training program
that meets the Sexual Assault Nurse Examiner Education
Guidelines established by the International Association of
Forensic Nurses.
"Sexual assault services voucher" means a document
generated by a hospital or approved pediatric health care
facility at the time the sexual assault survivor receives
outpatient medical forensic services that may be used to seek
payment for any ambulance services, medical forensic services,
laboratory services, pharmacy services, and follow-up
healthcare provided as a result of the sexual assault.
"Sexual assault survivor" means a person who presents for
medical forensic services in relation to injuries or trauma
resulting from a sexual assault.
"Sexual assault transfer plan" means a written plan
developed by a hospital and approved by the Department, which
describes the hospital's procedures for transferring sexual
assault survivors to another hospital, and an approved
pediatric health care facility, if applicable, in order to
receive medical forensic services.
"Sexual assault treatment plan" means a written plan that
describes the procedures and protocols for providing medical
forensic services to sexual assault survivors who present
themselves for such services, either directly or through
transfer from a hospital or an approved pediatric health care

facility.
"Transfer hospital" means a hospital with a sexual assault
transfer plan approved by the Department.
"Transfer services" means the appropriate medical
screening examination and necessary stabilizing treatment
prior to the transfer of a sexual assault survivor to a
hospital or an approved pediatric health care facility that
provides medical forensic services to sexual assault survivors
pursuant to a sexual assault treatment plan or areawide sexual
assault treatment plan.
"Treatment hospital" means a hospital with a sexual
assault treatment plan approved by the Department to provide
medical forensic services to all sexual assault survivors who
present with a complaint of sexual assault within a minimum of
the last 7 days or who have disclosed past sexual assault by a
specific individual and were in the care of that individual
within a minimum of the last 7 days.
"Treatment hospital with approved pediatric transfer"
means a hospital with a treatment plan approved by the
Department to provide medical forensic services to sexual
assault survivors 13 years old or older who present with a
complaint of sexual assault within a minimum of the last 7 days
or who have disclosed past sexual assault by a specific
individual and were in the care of that individual within a
minimum of the last 7 days.
(b) This Section is effective on and after January 1, 2024

2022.
(Source: P.A. 101-81, eff. 7-12-19; 101-634, eff. 6-5-20;
102-22, eff. 6-25-21; 102-538, eff. 8-20-21; 102-674, eff.
11-30-21; revised 12-16-21.)
(410 ILCS 70/1a-1)
(Section scheduled to be repealed on December 31, 2023)
Sec. 1a-1. Definitions.
(a) In this Act:
"Advanced practice registered nurse" has the meaning
provided in Section 50-10 of the Nurse Practice Act.
"Ambulance provider" means an individual or entity that
owns and operates a business or service using ambulances or
emergency medical services vehicles to transport emergency
patients.
"Approved pediatric health care facility" means a health
care facility, other than a hospital, with a sexual assault
treatment plan approved by the Department to provide medical
forensic services to pediatric sexual assault survivors who
present with a complaint of sexual assault within a minimum of
the last 7 days or who have disclosed past sexual assault by a
specific individual and were in the care of that individual
within a minimum of the last 7 days.
"Approved federally qualified health center" means a
facility as defined in Section 1905(l)(2)(B) of the federal
Social Security Act with a sexual assault treatment plan

approved by the Department to provide medical forensic
services to sexual assault survivors 13 years old or older who
present with a complaint of sexual assault within a minimum of
the last 7 days or who have disclosed past sexual assault by a
specific individual and were in the care of that individual
within a minimum of the last 7 days.
"Areawide sexual assault treatment plan" means a plan,
developed by hospitals or by hospitals, approved pediatric
health care facilities, and approved federally qualified
health centers in a community or area to be served, which
provides for medical forensic services to sexual assault
survivors that shall be made available by each of the
participating hospitals and approved pediatric health care
facilities.
"Board-certified child abuse pediatrician" means a
physician certified by the American Board of Pediatrics in
child abuse pediatrics.
"Board-eligible child abuse pediatrician" means a
physician who has completed the requirements set forth by the
American Board of Pediatrics to take the examination for
certification in child abuse pediatrics.
"Department" means the Department of Public Health.
"Emergency contraception" means medication as approved by
the federal Food and Drug Administration (FDA) that can
significantly reduce the risk of pregnancy if taken within 72
hours after sexual assault.

"Federally qualified health center" means a facility as
defined in Section 1905(l)(2)(B) of the federal Social
Security Act that provides primary care or sexual health
services.
"Follow-up healthcare" means healthcare services related
to a sexual assault, including laboratory services and
pharmacy services, rendered within 180 90 days of the initial
visit for medical forensic services.
"Health care professional" means a physician, a physician
assistant, a sexual assault forensic examiner, an advanced
practice registered nurse, a registered professional nurse, a
licensed practical nurse, or a sexual assault nurse examiner.
"Hospital" means a hospital licensed under the Hospital
Licensing Act or operated under the University of Illinois
Hospital Act, any outpatient center included in the hospital's
sexual assault treatment plan where hospital employees provide
medical forensic services, and an out-of-state hospital that
has consented to the jurisdiction of the Department under
Section 2.06-1.
"Illinois State Police Sexual Assault Evidence Collection
Kit" means a prepackaged set of materials and forms to be used
for the collection of evidence relating to sexual assault. The
standardized evidence collection kit for the State of Illinois
shall be the Illinois State Police Sexual Assault Evidence
Collection Kit.
"Law enforcement agency having jurisdiction" means the law

enforcement agency in the jurisdiction where an alleged sexual
assault or sexual abuse occurred.
"Licensed practical nurse" has the meaning provided in
Section 50-10 of the Nurse Practice Act.
"Medical forensic services" means health care delivered to
patients within or under the care and supervision of personnel
working in a designated emergency department of a hospital,
approved pediatric health care facility, or an approved
federally qualified health centers.
"Medical forensic services" includes, but is not limited
to, taking a medical history, performing photo documentation,
performing a physical and anogenital examination, assessing
the patient for evidence collection, collecting evidence in
accordance with a statewide sexual assault evidence collection
program administered by the Department of State Police using
the Illinois State Police Sexual Assault Evidence Collection
Kit, if appropriate, assessing the patient for
drug-facilitated or alcohol-facilitated sexual assault,
providing an evaluation of and care for sexually transmitted
infection and human immunodeficiency virus (HIV), pregnancy
risk evaluation and care, and discharge and follow-up
healthcare planning.
"Pediatric health care facility" means a clinic or
physician's office that provides medical services to pediatric
patients.
"Pediatric sexual assault survivor" means a person under

the age of 13 who presents for medical forensic services in
relation to injuries or trauma resulting from a sexual
assault.
"Photo documentation" means digital photographs or
colposcope videos stored and backed up securely in the
original file format.
"Physician" means a person licensed to practice medicine
in all its branches.
"Physician assistant" has the meaning provided in Section
4 of the Physician Assistant Practice Act of 1987.
"Prepubescent sexual assault survivor" means a female who
is under the age of 18 years and has not had a first menstrual
cycle or a male who is under the age of 18 years and has not
started to develop secondary sex characteristics who presents
for medical forensic services in relation to injuries or
trauma resulting from a sexual assault.
"Qualified medical provider" means a board-certified child
abuse pediatrician, board-eligible child abuse pediatrician, a
sexual assault forensic examiner, or a sexual assault nurse
examiner who has access to photo documentation tools, and who
participates in peer review.
"Registered Professional Nurse" has the meaning provided
in Section 50-10 of the Nurse Practice Act.
"Sexual assault" means:
(1) an act of sexual conduct; as used in this
paragraph, "sexual conduct" has the meaning provided under

Section 11-0.1 of the Criminal Code of 2012; or
(2) any act of sexual penetration; as used in this
paragraph, "sexual penetration" has the meaning provided
under Section 11-0.1 of the Criminal Code of 2012 and
includes, without limitation, acts prohibited under
Sections 11-1.20 through 11-1.60 of the Criminal Code of
2012.
"Sexual assault forensic examiner" means a physician or
physician assistant who has completed training that meets or
is substantially similar to the Sexual Assault Nurse Examiner
Education Guidelines established by the International
Association of Forensic Nurses.
"Sexual assault nurse examiner" means an advanced practice
registered nurse or registered professional nurse who has
completed a sexual assault nurse examiner training program
that meets the Sexual Assault Nurse Examiner Education
Guidelines established by the International Association of
Forensic Nurses.
"Sexual assault services voucher" means a document
generated by a hospital or approved pediatric health care
facility at the time the sexual assault survivor receives
outpatient medical forensic services that may be used to seek
payment for any ambulance services, medical forensic services,
laboratory services, pharmacy services, and follow-up
healthcare provided as a result of the sexual assault.
"Sexual assault survivor" means a person who presents for

medical forensic services in relation to injuries or trauma
resulting from a sexual assault.
"Sexual assault transfer plan" means a written plan
developed by a hospital and approved by the Department, which
describes the hospital's procedures for transferring sexual
assault survivors to another hospital, and an approved
pediatric health care facility, if applicable, in order to
receive medical forensic services.
"Sexual assault treatment plan" means a written plan that
describes the procedures and protocols for providing medical
forensic services to sexual assault survivors who present
themselves for such services, either directly or through
transfer from a hospital or an approved pediatric health care
facility.
"Transfer hospital" means a hospital with a sexual assault
transfer plan approved by the Department.
"Transfer services" means the appropriate medical
screening examination and necessary stabilizing treatment
prior to the transfer of a sexual assault survivor to a
hospital or an approved pediatric health care facility that
provides medical forensic services to sexual assault survivors
pursuant to a sexual assault treatment plan or areawide sexual
assault treatment plan.
"Treatment hospital" means a hospital with a sexual
assault treatment plan approved by the Department to provide
medical forensic services to all sexual assault survivors who

present with a complaint of sexual assault within a minimum of
the last 7 days or who have disclosed past sexual assault by a
specific individual and were in the care of that individual
within a minimum of the last 7 days.
"Treatment hospital with approved pediatric transfer"
means a hospital with a treatment plan approved by the
Department to provide medical forensic services to sexual
assault survivors 13 years old or older who present with a
complaint of sexual assault within a minimum of the last 7 days
or who have disclosed past sexual assault by a specific
individual and were in the care of that individual within a
minimum of the last 7 days.
(b) This Section is repealed on December 31, 2023.
(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;
102-674, eff. 11-30-21.)
(410 ILCS 70/2-1)
(Section scheduled to be repealed on December 31, 2023)
Sec. 2-1. Hospital, approved pediatric health care
facility, and approved federally qualified health center
requirements for sexual assault plans.
(a) Every hospital required to be licensed by the
Department pursuant to the Hospital Licensing Act, or operated
under the University of Illinois Hospital Act that provides
general medical and surgical hospital services shall provide
either (i) transfer services to all sexual assault survivors,

(ii) medical forensic services to all sexual assault
survivors, or (iii) transfer services to pediatric sexual
assault survivors and medical forensic services to sexual
assault survivors 13 years old or older, in accordance with
rules adopted by the Department.
In addition, every such hospital, regardless of whether or
not a request is made for reimbursement, shall submit to the
Department a plan to provide either (i) transfer services to
all sexual assault survivors, (ii) medical forensic services
to all sexual assault survivors, or (iii) transfer services to
pediatric sexual assault survivors and medical forensic
services to sexual assault survivors 13 years old or older.
The Department shall approve such plan for either (i) transfer
services to all sexual assault survivors, (ii) medical
forensic services to all sexual assault survivors, or (iii)
transfer services to pediatric sexual assault survivors and
medical forensic services to sexual assault survivors 13 years
old or older, if it finds that the implementation of the
proposed plan would provide (i) transfer services or (ii)
medical forensic services for sexual assault survivors in
accordance with the requirements of this Act and provide
sufficient protections from the risk of pregnancy to sexual
assault survivors. Notwithstanding anything to the contrary in
this paragraph, the Department may approve a sexual assault
transfer plan for the provision of medical forensic services
if:

(1) a treatment hospital with approved pediatric
transfer has agreed, as part of an areawide treatment
plan, to accept sexual assault survivors 13 years of age
or older from the proposed transfer hospital, if the
treatment hospital with approved pediatric transfer is
geographically closer to the transfer hospital than a
treatment hospital or another treatment hospital with
approved pediatric transfer and such transfer is not
unduly burdensome on the sexual assault survivor; and
(2) a treatment hospital has agreed, as a part of an
areawide treatment plan, to accept sexual assault
survivors under 13 years of age from the proposed transfer
hospital and transfer to the treatment hospital would not
unduly burden the sexual assault survivor.
The Department may not approve a sexual assault transfer
plan unless a treatment hospital has agreed, as a part of an
areawide treatment plan, to accept sexual assault survivors
from the proposed transfer hospital and a transfer to the
treatment hospital would not unduly burden the sexual assault
survivor.
In counties with a population of less than 1,000,000, the
Department may not approve a sexual assault transfer plan for
a hospital located within a 20-mile radius of a 4-year public
university, not including community colleges, unless there is
a treatment hospital with a sexual assault treatment plan
approved by the Department within a 20-mile radius of the

4-year public university.
A transfer must be in accordance with federal and State
laws and local ordinances.
A treatment hospital with approved pediatric transfer must
submit an areawide treatment plan under Section 3-1 of this
Act that includes a written agreement with a treatment
hospital stating that the treatment hospital will provide
medical forensic services to pediatric sexual assault
survivors transferred from the treatment hospital with
approved pediatric transfer. The areawide treatment plan may
also include an approved pediatric health care facility.
A transfer hospital must submit an areawide treatment plan
under Section 3-1 of this Act that includes a written
agreement with a treatment hospital stating that the treatment
hospital will provide medical forensic services to all sexual
assault survivors transferred from the transfer hospital. The
areawide treatment plan may also include an approved pediatric
health care facility. Notwithstanding anything to the contrary
in this paragraph, the areawide treatment plan may include a
written agreement with a treatment hospital with approved
pediatric transfer that is geographically closer than other
hospitals providing medical forensic services to sexual
assault survivors 13 years of age or older stating that the
treatment hospital with approved pediatric transfer will
provide medical services to sexual assault survivors 13 years
of age or older who are transferred from the transfer

hospital. If the areawide treatment plan includes a written
agreement with a treatment hospital with approved pediatric
transfer, it must also include a written agreement with a
treatment hospital stating that the treatment hospital will
provide medical forensic services to sexual assault survivors
under 13 years of age who are transferred from the transfer
hospital.
Beginning January 1, 2019, each treatment hospital and
treatment hospital with approved pediatric transfer shall
ensure that emergency department attending physicians,
physician assistants, advanced practice registered nurses, and
registered professional nurses providing clinical services,
who do not meet the definition of a qualified medical provider
in Section 1a-1 of this Act, receive a minimum of 2 hours of
sexual assault training by July 1, 2020 or until the treatment
hospital or treatment hospital with approved pediatric
transfer certifies to the Department, in a form and manner
prescribed by the Department, that it employs or contracts
with a qualified medical provider in accordance with
subsection (a-7) of Section 5-1, whichever occurs first.
After July 1, 2020 or once a treatment hospital or a
treatment hospital with approved pediatric transfer certifies
compliance with subsection (a-7) of Section 5-1, whichever
occurs first, each treatment hospital and treatment hospital
with approved pediatric transfer shall ensure that emergency
department attending physicians, physician assistants,

advanced practice registered nurses, and registered
professional nurses providing clinical services, who do not
meet the definition of a qualified medical provider in Section
1a-1 of this Act, receive a minimum of 2 hours of continuing
education on responding to sexual assault survivors every 2
years. Protocols for training shall be included in the
hospital's sexual assault treatment plan.
Sexual assault training provided under this subsection may
be provided in person or online and shall include, but not be
limited to:
(1) information provided on the provision of medical
forensic services;
(2) information on the use of the Illinois Sexual
Assault Evidence Collection Kit;
(3) information on sexual assault epidemiology,
neurobiology of trauma, drug-facilitated sexual assault,
child sexual abuse, and Illinois sexual assault-related
laws; and
(4) information on the hospital's sexual
assault-related policies and procedures.
The online training made available by the Office of the
Attorney General under subsection (b) of Section 10-1 may be
used to comply with this subsection.
(b) An approved pediatric health care facility may provide
medical forensic services, in accordance with rules adopted by
the Department, to all pediatric sexual assault survivors who

present for medical forensic services in relation to injuries
or trauma resulting from a sexual assault. These services
shall be provided by a qualified medical provider.
A pediatric health care facility must participate in or
submit an areawide treatment plan under Section 3-1 of this
Act that includes a treatment hospital. If a pediatric health
care facility does not provide certain medical or surgical
services that are provided by hospitals, the areawide sexual
assault treatment plan must include a procedure for ensuring a
sexual assault survivor in need of such medical or surgical
services receives the services at the treatment hospital. The
areawide treatment plan may also include a treatment hospital
with approved pediatric transfer.
The Department shall review a proposed sexual assault
treatment plan submitted by a pediatric health care facility
within 60 days after receipt of the plan. If the Department
finds that the proposed plan meets the minimum requirements
set forth in Section 5-1 of this Act and that implementation of
the proposed plan would provide medical forensic services for
pediatric sexual assault survivors, then the Department shall
approve the plan. If the Department does not approve a plan,
then the Department shall notify the pediatric health care
facility that the proposed plan has not been approved. The
pediatric health care facility shall have 30 days to submit a
revised plan. The Department shall review the revised plan
within 30 days after receipt of the plan and notify the

pediatric health care facility whether the revised plan is
approved or rejected. A pediatric health care facility may not
provide medical forensic services to pediatric sexual assault
survivors who present with a complaint of sexual assault
within a minimum of the last 7 days or who have disclosed past
sexual assault by a specific individual and were in the care of
that individual within a minimum of the last 7 days until the
Department has approved a treatment plan.
If an approved pediatric health care facility is not open
24 hours a day, 7 days a week, it shall post signage at each
public entrance to its facility that:
(1) is at least 14 inches by 14 inches in size;
(2) directs those seeking services as follows: "If
closed, call 911 for services or go to the closest
hospital emergency department, (insert name) located at
(insert address).";
(3) lists the approved pediatric health care
facility's hours of operation;
(4) lists the street address of the building;
(5) has a black background with white bold capital
lettering in a clear and easy to read font that is at least
72-point type, and with "call 911" in at least 125-point
type;
(6) is posted clearly and conspicuously on or adjacent
to the door at each entrance and, if building materials
allow, is posted internally for viewing through glass; if

posted externally, the sign shall be made of
weather-resistant and theft-resistant materials,
non-removable, and adhered permanently to the building;
and
(7) has lighting that is part of the sign itself or is
lit with a dedicated light that fully illuminates the
sign.
(b-5) An approved federally qualified health center may
provide medical forensic services, in accordance with rules
adopted by the Department, to all sexual assault survivors 13
years old or older who present for medical forensic services
in relation to injuries or trauma resulting from a sexual
assault during the duration, and 90 days thereafter, of a
proclamation issued by the Governor declaring a disaster, or a
successive proclamation regarding the same disaster, in all
102 counties due to a public health emergency. These services
must be available on-site during an approved federally
qualified health center's hours of operation and shall be
provided by (i) a qualified medical provider, physician,
physician assistant, or advanced practice registered nurse who
has received a minimum of 10 hours of sexual assault training
provided by a qualified medical provider on current Illinois
legislation, how to properly perform a medical forensic
examination, evidence collection, drug and alcohol facilitated
sexual assault, and forensic photography and has all
documentation and photos peer reviewed by a qualified medical

provider or (ii) until the federally qualified health care
center certifies to the Department, in a form and manner
prescribed by the Department, that it employs or contracts
with a qualified medical provider in accordance with
subsection (a-7) of Section 5-1, whichever occurs first. If
the treatment plan is terminated, the federally qualified
health center must submit to the Department for approval,
before providing medical forensic services, a new treatment
plan and a list of qualified medical providers to ensure
coverage for the days and hours of operation.
A federally qualified health center must employ a Sexual
Assault Nurse Examiner Coordinator who is a qualified medical
provider and a Medical Director who is a qualified medical
provider.
A federally qualified health center must participate in or
submit an areawide treatment plan under Section 3-1 of this
Act that includes a treatment hospital. If a federally
qualified health center does not provide certain medical or
surgical services that are provided by hospitals, the areawide
sexual assault treatment plan must include a procedure for
ensuring a sexual assault survivor in need of such medical or
surgical services receives the services at the treatment
hospital. The areawide treatment plan may also include a
treatment hospital with approved pediatric transfer or an
approved pediatric health care facility. An approved federally
qualified health center must report each instance that a

sexual assault survivor is transferred to a treatment
hospital, treatment hospital with approved pediatric transfer,
or an approved pediatric health care facility to the
Department within 24 hours of the transfer, in a form and
manner prescribed by the Department, including the reason for
the transfer.
The Department shall review a proposed sexual assault
treatment plan submitted by a federally qualified health
center within 14 days after receipt of the plan. The If the
Department shall approve the proposed sexual assault treatment
plan if it finds that the proposed plan:
(1) meets the minimum requirements set forth in
Section 5-1;
(2) and that implementation of the proposed plan would
provide medical forensic services for sexual assault
survivors 13 years old or older on-site during the
approved federally qualified health center's hours of
operation; and
(3) includes an emergency protocol for sexual assault
survivors 13 years old or older to be transferred to a
treatment hospital or treatment hospital with approved
pediatric transfer to receive medical forensic services if
medical forensic services are not available by a qualified
medical provider during the approved federally qualified
health center's hours of operation, as required , then the
Department shall approve the plan.

The Department shall not approve sexual assault treatment
plans for more than 6 federally qualified health centers,
which must be located in geographically diverse areas of the
State. If the Department does not approve a plan, then the
Department shall notify the federally qualified health center
that the proposed plan has not been approved. The federally
qualified health center shall have 14 days to submit a revised
plan. The Department shall review the revised plan within 14
days after receipt of the plan and notify the federally
qualified health center whether the revised plan is approved
or rejected. A federally qualified health center may not (i)
provide medical forensic services to sexual assault survivors
13 years old or older who present with a complaint of sexual
assault within a minimum of the previous 7 days or (ii) who
have disclosed past sexual assault by a specific individual
and were in the care of that individual within a minimum of the
previous 7 days until the Department has approved a treatment
plan.
Each approved federally qualified health center shall
ensure that any physician, physician assistant, advanced
practice registered nurse, or registered professional nurse
who (i) provides clinical services to sexual assault survivors
and (ii) does not meet the definition of a qualified medical
provider under Section 1a-1 receives (A) a minimum of 2 hours
of sexual assault training within 6 months after the effective
date of this amendatory Act of the 102nd General Assembly or

within 6 months after beginning employment, whichever is
later, and (B) a minimum of 2 hours of continuing education on
responding to sexual assault survivors every 2 years.
Protocols for training shall be included in the approved
federally qualified health center's sexual assault treatment
plan. Sexual assault training provided under this paragraph
may be provided in person or online and shall include, but not
be limited to:
(1) information provided on the provision of medical
forensic services;
(2) information on the use of the Illinois Sexual
Assault Evidence Collection Kit;
(3) information on sexual assault epidemiology,
neurobiology of trauma, drug-facilitated sexual assault,
child sexual abuse, and Illinois sexual assault-related
laws; and
(4) information on the approved federally qualified
health center's sexual assault-related policies and
procedures.
The online training made available by the Office of the
Attorney General under subsection (b) of Section 10-1 may be
used to comply with the sexual assault training required under
the preceding paragraph.
If an approved federally qualified health center is not
open 24 hours a day, 7 days a week, it shall post signage at
each public entrance to its facility that:

(1) is at least 14 inches by 14 inches in size;
(2) directs those seeking services as follows: "If
closed, call 911 for services or go to the closest
hospital emergency department, (insert name) located at
(insert address).";
(3) lists the approved federally qualified health
center's hours of operation;
(4) lists the street address of the building;
(5) has a black background with white bold capital
lettering in a clear and easy to read font that is at least
72-point type, and with "call 911" in at least 125-point
type;
(6) is posted clearly and conspicuously on or adjacent
to the door at each entrance and, if building materials
allow, is posted internally for viewing through glass; if
posted externally, the sign shall be made of
weather-resistant and theft-resistant materials,
non-removable, and adhered permanently to the building;
and
(7) has lighting that is part of the sign itself or is
lit with a dedicated light that fully illuminates the
sign; .
(8) directs those seeking services as follows: "Call
the local rape crisis center for support."; and
(9) includes the name and hotline number, available 24
hours a day, 7 days a week, of the local rape crisis

center.
A copy of the proposed sign must be submitted to the
Department and approved as part of the approved federally
qualified health center's sexual assault treatment plan.
(c) Each treatment hospital, treatment hospital with
approved pediatric transfer, approved pediatric health care
facility, and approved federally qualified health center must
enter into a memorandum of understanding with a rape crisis
center for medical advocacy services, if these services are
available to the treatment hospital, treatment hospital with
approved pediatric transfer, approved pediatric health care
facility, or approved federally qualified health center. With
the consent of the sexual assault survivor, a rape crisis
counselor shall remain in the exam room during the collection
for forensic evidence.
An approved federally qualified health center that has a
memorandum of understanding with a rape crisis center must
notify the rape crisis center immediately if medical forensic
services are not available during the approved federally
qualified health center's hours of operation or if the
approved federally qualified health center's treatment plan is
terminated by the Department.
(d) Every treatment hospital, treatment hospital with
approved pediatric transfer, approved pediatric health care
facility, and approved federally qualified health center's
sexual assault treatment plan shall include procedures for

complying with mandatory reporting requirements pursuant to
(1) the Abused and Neglected Child Reporting Act; (2) the
Abused and Neglected Long Term Care Facility Residents
Reporting Act; (3) the Adult Protective Services Act; and (iv)
the Criminal Identification Act.
(e) Each treatment hospital, treatment hospital with
approved pediatric transfer, approved pediatric health care
facility, and approved federally qualified health center shall
submit to the Department every 6 months, in a manner
prescribed by the Department, the following information:
(1) The total number of patients who presented with a
complaint of sexual assault.
(2) The total number of Illinois Sexual Assault
Evidence Collection Kits:
(A) offered to (i) all sexual assault survivors
and (ii) pediatric sexual assault survivors pursuant
to paragraph (1.5) of subsection (a-5) of Section 5-1;
(B) completed for (i) all sexual assault survivors
and (ii) pediatric sexual assault survivors; and
(C) declined by (i) all sexual assault survivors
and (ii) pediatric sexual assault survivors.
This information shall be made available on the
Department's website.
(f) This Section is repealed on December 31, 2023.
(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;
102-674, eff. 11-30-21.)

(410 ILCS 70/5-1)
(Section scheduled to be repealed on December 31, 2023)
Sec. 5-1. Minimum requirements for medical forensic
services provided to sexual assault survivors by hospitals,
approved pediatric health care facilities, and approved
federally qualified health centers.
(a) Every hospital, approved pediatric health care
facility, and approved federally qualified health center
providing medical forensic services to sexual assault
survivors under this Act shall, as minimum requirements for
such services, provide, with the consent of the sexual assault
survivor, and as ordered by the attending physician, an
advanced practice registered nurse, or a physician assistant,
the services set forth in subsection (a-5).
Beginning January 1, 2023, a qualified medical provider
must provide the services set forth in subsection (a-5).
(a-5) A treatment hospital, a treatment hospital with
approved pediatric transfer, or an approved pediatric health
care facility, or an approved federally qualified health
center shall provide the following services in accordance with
subsection (a):
(1) Appropriate medical forensic services without
delay, in a private, age-appropriate or
developmentally-appropriate space, required to ensure the
health, safety, and welfare of a sexual assault survivor

and which may be used as evidence in a criminal proceeding
against a person accused of the sexual assault, in a
proceeding under the Juvenile Court Act of 1987, or in an
investigation under the Abused and Neglected Child
Reporting Act.
Records of medical forensic services, including
results of examinations and tests, the Illinois State
Police Medical Forensic Documentation Forms, the Illinois
State Police Patient Discharge Materials, and the Illinois
State Police Patient Consent: Collect and Test Evidence or
Collect and Hold Evidence Form, shall be maintained by the
hospital or approved pediatric health care facility as
part of the patient's electronic medical record.
Records of medical forensic services of sexual assault
survivors under the age of 18 shall be retained by the
hospital for a period of 60 years after the sexual assault
survivor reaches the age of 18. Records of medical
forensic services of sexual assault survivors 18 years of
age or older shall be retained by the hospital for a period
of 20 years after the date the record was created.
Records of medical forensic services may only be
disseminated in accordance with Section 6.5-1 of this Act
and other State and federal law.
(1.5) An offer to complete the Illinois Sexual Assault
Evidence Collection Kit for any sexual assault survivor
who presents within a minimum of the last 7 days of the

assault or who has disclosed past sexual assault by a
specific individual and was in the care of that individual
within a minimum of the last 7 days.
(A) Appropriate oral and written information
concerning evidence-based guidelines for the
appropriateness of evidence collection depending on
the sexual development of the sexual assault survivor,
the type of sexual assault, and the timing of the
sexual assault shall be provided to the sexual assault
survivor. Evidence collection is encouraged for
prepubescent sexual assault survivors who present to a
hospital or approved pediatric health care facility
with a complaint of sexual assault within a minimum of
96 hours after the sexual assault.
Before January 1, 2023, the information required
under this subparagraph shall be provided in person by
the health care professional providing medical
forensic services directly to the sexual assault
survivor.
On and after January 1, 2023, the information
required under this subparagraph shall be provided in
person by the qualified medical provider providing
medical forensic services directly to the sexual
assault survivor.
The written information provided shall be the
information created in accordance with Section 10-1 of

this Act.
(B) Following the discussion regarding the
evidence-based guidelines for evidence collection in
accordance with subparagraph (A), evidence collection
must be completed at the sexual assault survivor's
request. A sexual assault nurse examiner conducting an
examination using the Illinois State Police Sexual
Assault Evidence Collection Kit may do so without the
presence or participation of a physician.
(2) Appropriate oral and written information
concerning the possibility of infection, sexually
transmitted infection, including an evaluation of the
sexual assault survivor's risk of contracting human
immunodeficiency virus (HIV) from sexual assault, and
pregnancy resulting from sexual assault.
(3) Appropriate oral and written information
concerning accepted medical procedures, laboratory tests,
medication, and possible contraindications of such
medication available for the prevention or treatment of
infection or disease resulting from sexual assault.
(3.5) After a medical evidentiary or physical
examination, access to a shower at no cost, unless
showering facilities are unavailable.
(4) An amount of medication, including HIV
prophylaxis, for treatment at the hospital, or approved
pediatric health care facility, or approved federally

qualified health center and after discharge as is deemed
appropriate by the attending physician, an advanced
practice registered nurse, or a physician assistant in
accordance with the Centers for Disease Control and
Prevention guidelines and consistent with the hospital's
or approved pediatric health care facility's current
approved protocol for sexual assault survivors.
(5) Photo documentation of the sexual assault
survivor's injuries, anatomy involved in the assault, or
other visible evidence on the sexual assault survivor's
body to supplement the medical forensic history and
written documentation of physical findings and evidence
beginning July 1, 2019. Photo documentation does not
replace written documentation of the injury.
(6) Written and oral instructions indicating the need
for follow-up examinations and laboratory tests after the
sexual assault to determine the presence or absence of
sexually transmitted infection.
(7) Referral by hospital, or approved pediatric health
care facility, or approved federally qualified health
center personnel for appropriate counseling.
(8) Medical advocacy services provided by a rape
crisis counselor whose communications are protected under
Section 8-802.1 of the Code of Civil Procedure, if there
is a memorandum of understanding between the hospital, or
approved pediatric health care facility, or approved

federally qualified health center and a rape crisis
center. With the consent of the sexual assault survivor, a
rape crisis counselor shall remain in the exam room during
the medical forensic examination.
(9) Written information regarding services provided by
a Children's Advocacy Center and rape crisis center, if
applicable.
(10) A treatment hospital, a treatment hospital with
approved pediatric transfer, an out-of-state hospital as
defined in Section 5.4, or an approved pediatric health
care facility, or an approved federally qualified health
center shall comply with the rules relating to the
collection and tracking of sexual assault evidence adopted
by the Department of State Police under Section 50 of the
Sexual Assault Evidence Submission Act.
(11) Written information regarding the Illinois State
Police sexual assault evidence tracking system.
(a-7) By January 1, 2023, every hospital with a treatment
plan approved by the Department shall employ or contract with
a qualified medical provider to initiate medical forensic
services to a sexual assault survivor within 90 minutes of the
patient presenting to the treatment hospital or treatment
hospital with approved pediatric transfer. The provision of
medical forensic services by a qualified medical provider
shall not delay the provision of life-saving medical care.
(a-10) Every federally qualified health center with a

treatment plan approved by the Department shall employ or
contract with a qualified medical provider to initiate medical
forensic services to a sexual assault survivor within 90
minutes of the patient presenting to the federally qualified
health center. The provision of medical forensic services by a
qualified medical provider shall not delay the provision of
life-saving medical care.
(b) Any person who is a sexual assault survivor who seeks
medical forensic services or follow-up healthcare under this
Act shall be provided such services without the consent of any
parent, guardian, custodian, surrogate, or agent. If a sexual
assault survivor is unable to consent to medical forensic
services, the services may be provided under the Consent by
Minors to Medical Procedures Act, the Health Care Surrogate
Act, or other applicable State and federal laws.
(b-5) Every hospital, approved pediatric health care
facility, or approved federally qualified health center
providing medical forensic services to sexual assault
survivors shall issue a voucher to any sexual assault survivor
who is eligible to receive one in accordance with Section
5.2-1 of this Act. The hospital, approved pediatric health
care facility, or approved federally qualified health center
shall make a copy of the voucher and place it in the medical
record of the sexual assault survivor. The hospital, approved
pediatric health care facility, or approved federally
qualified health center shall provide a copy of the voucher to

the sexual assault survivor after discharge upon request.
(c) Nothing in this Section creates a physician-patient
relationship that extends beyond discharge from the hospital,
or approved pediatric health care facility, or approved
federally qualified health center.
(d) This Section is repealed on December 31, 2023.
(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;
102-674, eff. 11-30-21.)
(410 ILCS 70/5.4)
Sec. 5.4. Out-of-state hospitals.
(a) Nothing in this Section shall prohibit the transfer of
a patient in need of medical services from a hospital that has
been designated as a trauma center by the Department in
accordance with Section 3.90 of the Emergency Medical Services
(EMS) Systems Act.
(b) A transfer hospital, treatment hospital with approved
pediatric transfer, or approved pediatric health care facility
may transfer a sexual assault survivor to an out-of-state
hospital that has been designated as a trauma center by the
Department under Section 3.90 of the Emergency Medical
Services (EMS) Systems Act if the out-of-state hospital: (1)
submits an areawide treatment plan approved by the Department;
and (2) has certified the following to the Department in a form
and manner prescribed by the Department that the out-of-state
hospital will:

(i) consent to the jurisdiction of the Department in
accordance with Section 2.06 of this Act;
(ii) comply with all requirements of this Act
applicable to treatment hospitals, including, but not
limited to, offering evidence collection to any Illinois
sexual assault survivor who presents with a complaint of
sexual assault within a minimum of the last 7 days or who
has disclosed past sexual assault by a specific individual
and was in the care of that individual within a minimum of
the last 7 days and not billing the sexual assault
survivor for medical forensic services or 180 90 days of
follow-up healthcare;
(iii) use an Illinois State Police Sexual Assault
Evidence Collection Kit to collect forensic evidence from
an Illinois sexual assault survivor;
(iv) ensure its staff cooperates with Illinois law
enforcement agencies and are responsive to subpoenas
issued by Illinois courts; and
(v) provide appropriate transportation upon the
completion of medical forensic services back to the
transfer hospital or treatment hospital with pediatric
transfer where the sexual assault survivor initially
presented seeking medical forensic services, unless the
sexual assault survivor chooses to arrange his or her own
transportation.
(c) Subsection (b) of this Section is inoperative on and

after January 1, 2024.
(Source: P.A. 100-775, eff. 1-1-19.)
(410 ILCS 70/5.5)
Sec. 5.5. Minimum reimbursement requirements for follow-up
healthcare.
(a) Every hospital, pediatric health care facility, health
care professional, laboratory, or pharmacy that provides
follow-up healthcare to a sexual assault survivor, with the
consent of the sexual assault survivor and as ordered by the
attending physician, an advanced practice registered nurse, or
physician assistant shall be reimbursed for the follow-up
healthcare services provided. Follow-up healthcare services
include, but are not limited to, the following:
(1) a physical examination;
(2) laboratory tests to determine the presence or
absence of sexually transmitted infection; and
(3) appropriate medications, including HIV
prophylaxis, in accordance with the Centers for Disease
Control and Prevention's guidelines.
(b) Reimbursable follow-up healthcare is limited to office
visits with a physician, advanced practice registered nurse,
or physician assistant within 180 90 days after an initial
visit for hospital medical forensic services.
(c) Nothing in this Section requires a hospital, pediatric
health care facility, health care professional, laboratory, or

pharmacy to provide follow-up healthcare to a sexual assault
survivor.
(d) This Section is effective on and after January 1,
2024.
(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;
102-674, eff. 11-30-21.)
(410 ILCS 70/5.5-1)
(Section scheduled to be repealed on December 31, 2023)
Sec. 5.5-1. Minimum reimbursement requirements for
follow-up healthcare.
(a) Every hospital, pediatric health care facility,
federally qualified health center, health care professional,
laboratory, or pharmacy that provides follow-up healthcare to
a sexual assault survivor, with the consent of the sexual
assault survivor and as ordered by the attending physician, an
advanced practice registered nurse, or physician assistant
shall be reimbursed for the follow-up healthcare services
provided. Follow-up healthcare services include, but are not
limited to, the following:
(1) a physical examination;
(2) laboratory tests to determine the presence or
absence of sexually transmitted infection; and
(3) appropriate medications, including HIV
prophylaxis, in accordance with the Centers for Disease
Control and Prevention's guidelines.

(b) Reimbursable follow-up healthcare is limited to office
visits with a physician, advanced practice registered nurse,
or physician assistant within 180 90 days after an initial
visit for hospital medical forensic services.
(c) Nothing in this Section requires a hospital, pediatric
health care facility, federally qualified health center,
health care professional, laboratory, or pharmacy to provide
follow-up healthcare to a sexual assault survivor.
(d) This Section is repealed on December 31, 2023.
(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;
102-674, eff. 11-30-21.)
(410 ILCS 70/7.5)
Sec. 7.5. Prohibition on billing sexual assault survivors
directly for certain services; written notice; billing
protocols.
(a) A hospital, approved pediatric health care facility,
health care professional, ambulance provider, laboratory, or
pharmacy furnishing medical forensic services, transportation,
follow-up healthcare, or medication to a sexual assault
survivor shall not:
(1) charge or submit a bill for any portion of the
costs of the services, transportation, or medications to
the sexual assault survivor, including any insurance
deductible, co-pay, co-insurance, denial of claim by an
insurer, spenddown, or any other out-of-pocket expense;

(2) communicate with, harass, or intimidate the sexual
assault survivor for payment of services, including, but
not limited to, repeatedly calling or writing to the
sexual assault survivor and threatening to refer the
matter to a debt collection agency or to an attorney for
collection, enforcement, or filing of other process;
(3) refer a bill to a collection agency or attorney
for collection action against the sexual assault survivor;
(4) contact or distribute information to affect the
sexual assault survivor's credit rating; or
(5) take any other action adverse to the sexual
assault survivor or his or her family on account of
providing services to the sexual assault survivor.
(a-5) Notwithstanding any other provision of law,
including, but not limited to, subsection (a), a sexual
assault survivor who is not the subscriber or primary
policyholder of the sexual assault survivor's insurance policy
may opt out of billing the sexual assault survivor's private
insurance provider. If the sexual assault survivor opts out of
billing the sexual assault survivor's private insurance
provider, then the bill for medical forensic services shall be
sent to the Department of Healthcare and Family Services'
Sexual Assault Emergency Treatment Program for reimbursement
for the services provided to the sexual assault survivor.
(b) Nothing in this Section precludes a hospital, health
care provider, ambulance provider, laboratory, or pharmacy

from billing the sexual assault survivor or any applicable
health insurance or coverage for inpatient services.
(c) Every hospital and approved pediatric health care
facility providing treatment services to sexual assault
survivors in accordance with a plan approved under Section 2
of this Act shall provide a written notice to a sexual assault
survivor. The written notice must include, but is not limited
to, the following:
(1) a statement that the sexual assault survivor
should not be directly billed by any ambulance provider
providing transportation services, or by any hospital,
approved pediatric health care facility, health care
professional, laboratory, or pharmacy for the services the
sexual assault survivor received as an outpatient at the
hospital or approved pediatric health care facility;
(2) a statement that a sexual assault survivor who is
admitted to a hospital may be billed for inpatient
services provided by a hospital, health care professional,
laboratory, or pharmacy;
(3) a statement that prior to leaving the hospital or
approved pediatric health care facility, the hospital or
approved pediatric health care facility will give the
sexual assault survivor a sexual assault services voucher
for follow-up healthcare if the sexual assault survivor is
eligible to receive a sexual assault services voucher;
(4) the definition of "follow-up healthcare" as set

forth in Section 1a of this Act;
(5) a phone number the sexual assault survivor may
call should the sexual assault survivor receive a bill
from the hospital or approved pediatric health care
facility for medical forensic services;
(6) the toll-free phone number of the Office of the
Illinois Attorney General, which the sexual assault
survivor may call should the sexual assault survivor
receive a bill from an ambulance provider, approved
pediatric health care facility, a health care
professional, a laboratory, or a pharmacy.
This subsection (c) shall not apply to hospitals that
provide transfer services as defined under Section 1a of this
Act.
(d) Within 60 days after the effective date of this
amendatory Act of the 99th General Assembly, every health care
professional, except for those employed by a hospital or
hospital affiliate, as defined in the Hospital Licensing Act,
or those employed by a hospital operated under the University
of Illinois Hospital Act, who bills separately for medical or
forensic services must develop a billing protocol that ensures
that no survivor of sexual assault will be sent a bill for any
medical forensic services and submit the billing protocol to
the Office of the Attorney General for approval. Within 60
days after the commencement of the provision of medical
forensic services, every health care professional, except for

those employed by a hospital or hospital affiliate, as defined
in the Hospital Licensing Act, or those employed by a hospital
operated under the University of Illinois Hospital Act, who
bills separately for medical or forensic services must develop
a billing protocol that ensures that no survivor of sexual
assault is sent a bill for any medical forensic services and
submit the billing protocol to the Attorney General for
approval. Health care professionals who bill as a legal entity
may submit a single billing protocol for the billing entity.
Within 60 days after the Department's approval of a
treatment plan, an approved pediatric health care facility and
any health care professional employed by an approved pediatric
health care facility must develop a billing protocol that
ensures that no survivor of sexual assault is sent a bill for
any medical forensic services and submit the billing protocol
to the Office of the Attorney General for approval.
The billing protocol must include at a minimum:
(1) a description of training for persons who prepare
bills for medical and forensic services;
(2) a written acknowledgement signed by a person who
has completed the training that the person will not bill
survivors of sexual assault;
(3) prohibitions on submitting any bill for any
portion of medical forensic services provided to a
survivor of sexual assault to a collection agency;
(4) prohibitions on taking any action that would

adversely affect the credit of the survivor of sexual
assault;
(5) the termination of all collection activities if
the protocol is violated; and
(6) the actions to be taken if a bill is sent to a
collection agency or the failure to pay is reported to any
credit reporting agency.
The Office of the Attorney General may provide a sample
acceptable billing protocol upon request.
The Office of the Attorney General shall approve a
proposed protocol if it finds that the implementation of the
protocol would result in no survivor of sexual assault being
billed or sent a bill for medical forensic services.
If the Office of the Attorney General determines that
implementation of the protocol could result in the billing of
a survivor of sexual assault for medical forensic services,
the Office of the Attorney General shall provide the health
care professional or approved pediatric health care facility
with a written statement of the deficiencies in the protocol.
The health care professional or approved pediatric health care
facility shall have 30 days to submit a revised billing
protocol addressing the deficiencies to the Office of the
Attorney General. The health care professional or approved
pediatric health care facility shall implement the protocol
upon approval by the Office of the Attorney General.
The health care professional or approved pediatric health

care facility shall submit any proposed revision to or
modification of an approved billing protocol to the Office of
the Attorney General for approval. The health care
professional or approved pediatric health care facility shall
implement the revised or modified billing protocol upon
approval by the Office of the Illinois Attorney General.
(e) This Section is effective on and after January 1,
2024.
(Source: P.A. 101-634, eff. 6-5-20; 101-652, eff. 7-1-21;
102-22, eff. 6-25-21; 102-674, eff. 11-30-21.)
(410 ILCS 70/7.5-1)
(Section scheduled to be repealed on December 31, 2023)
Sec. 7.5-1. Prohibition on billing sexual assault
survivors directly for certain services; written notice;
billing protocols.
(a) A hospital, approved pediatric health care facility,
approved federally qualified health center, health care
professional, ambulance provider, laboratory, or pharmacy
furnishing medical forensic services, transportation,
follow-up healthcare, or medication to a sexual assault
survivor shall not:
(1) charge or submit a bill for any portion of the
costs of the services, transportation, or medications to
the sexual assault survivor, including any insurance
deductible, co-pay, co-insurance, denial of claim by an

insurer, spenddown, or any other out-of-pocket expense;
(2) communicate with, harass, or intimidate the sexual
assault survivor for payment of services, including, but
not limited to, repeatedly calling or writing to the
sexual assault survivor and threatening to refer the
matter to a debt collection agency or to an attorney for
collection, enforcement, or filing of other process;
(3) refer a bill to a collection agency or attorney
for collection action against the sexual assault survivor;
(4) contact or distribute information to affect the
sexual assault survivor's credit rating; or
(5) take any other action adverse to the sexual
assault survivor or his or her family on account of
providing services to the sexual assault survivor.
(a-5) Notwithstanding any other provision of law,
including, but not limited to, subsection (a), a sexual
assault survivor who is not the subscriber or primary
policyholder of the sexual assault survivor's insurance policy
may opt out of billing the sexual assault survivor's private
insurance provider. If the sexual assault survivor opts out of
billing the sexual assault survivor's private insurance
provider, then the bill for medical forensic services shall be
sent to the Department of Healthcare and Family Services'
Sexual Assault Emergency Treatment Program for reimbursement
for the services provided to the sexual assault survivor.
(b) Nothing in this Section precludes a hospital, health

care provider, ambulance provider, laboratory, or pharmacy
from billing the sexual assault survivor or any applicable
health insurance or coverage for inpatient services.
(c) Every hospital, approved pediatric health care
facility, and approved federally qualified health center
providing treatment services to sexual assault survivors in
accordance with a plan approved under Section 2-1 of this Act
shall provide a written notice to a sexual assault survivor.
The written notice must include, but is not limited to, the
following:
(1) a statement that the sexual assault survivor
should not be directly billed by any ambulance provider
providing transportation services, or by any hospital,
approved pediatric health care facility, approved
federally qualified health center, health care
professional, laboratory, or pharmacy for the services the
sexual assault survivor received as an outpatient at the
hospital, approved pediatric health care facility, or
approved federally qualified health center;
(2) a statement that a sexual assault survivor who is
admitted to a hospital may be billed for inpatient
services provided by a hospital, health care professional,
laboratory, or pharmacy;
(3) a statement that prior to leaving the hospital,
approved pediatric health care facility, or approved
federally qualified health center, the hospital, approved

pediatric health care facility, or approved federally
qualified health center will give the sexual assault
survivor a sexual assault services voucher for follow-up
healthcare if the sexual assault survivor is eligible to
receive a sexual assault services voucher;
(4) the definition of "follow-up healthcare" as set
forth in Section 1a-1 of this Act;
(5) a phone number the sexual assault survivor may
call should the sexual assault survivor receive a bill
from the hospital, approved pediatric health care
facility, or approved federally qualified health center
for medical forensic services;
(6) the toll-free phone number of the Office of the
Illinois Attorney General, Crime Victim Services Division,
which the sexual assault survivor may call should the
sexual assault survivor receive a bill from an ambulance
provider, approved pediatric health care facility,
approved federally qualified health center, a health care
professional, a laboratory, or a pharmacy.
This subsection (c) shall not apply to hospitals that
provide transfer services as defined under Section 1a-1 of
this Act.
(d) Within 60 days after the effective date of this
amendatory Act of the 101st General Assembly, every health
care professional, except for those employed by a hospital or
hospital affiliate, as defined in the Hospital Licensing Act,

or those employed by a hospital operated under the University
of Illinois Hospital Act, who bills separately for medical or
forensic services must develop a billing protocol that ensures
that no survivor of sexual assault will be sent a bill for any
medical forensic services and submit the billing protocol to
the Crime Victim Services Division of the Office of the
Attorney General for approval. Within 60 days after the
commencement of the provision of medical forensic services,
every health care professional, except for those employed by a
hospital or hospital affiliate, as defined in the Hospital
Licensing Act, or those employed by a hospital operated under
the University of Illinois Hospital Act, who bills separately
for medical or forensic services must develop a billing
protocol that ensures that no survivor of sexual assault is
sent a bill for any medical forensic services and submit the
billing protocol to the Crime Victim Services Division of the
Office of the Attorney General for approval. Health care
professionals who bill as a legal entity may submit a single
billing protocol for the billing entity.
Within 60 days after the Department's approval of a
treatment plan, an approved pediatric health care facility and
any health care professional employed by an approved pediatric
health care facility must develop a billing protocol that
ensures that no survivor of sexual assault is sent a bill for
any medical forensic services and submit the billing protocol
to the Crime Victim Services Division of the Office of the

Attorney General for approval.
Within 14 days after the Department's approval of a
treatment plan, an approved federally qualified health center
and any health care professional employed by an approved
federally qualified health center must develop a billing
protocol that ensures that no survivor of sexual assault is
sent a bill for any medical forensic services and submit the
billing protocol to the Crime Victim Services Division of the
Office of the Attorney General for approval.
The billing protocol must include at a minimum:
(1) a description of training for persons who prepare
bills for medical and forensic services;
(2) a written acknowledgement signed by a person who
has completed the training that the person will not bill
survivors of sexual assault;
(3) prohibitions on submitting any bill for any
portion of medical forensic services provided to a
survivor of sexual assault to a collection agency;
(4) prohibitions on taking any action that would
adversely affect the credit of the survivor of sexual
assault;
(5) the termination of all collection activities if
the protocol is violated; and
(6) the actions to be taken if a bill is sent to a
collection agency or the failure to pay is reported to any
credit reporting agency.

The Crime Victim Services Division of the Office of the
Attorney General may provide a sample acceptable billing
protocol upon request.
The Office of the Attorney General shall approve a
proposed protocol if it finds that the implementation of the
protocol would result in no survivor of sexual assault being
billed or sent a bill for medical forensic services.
If the Office of the Attorney General determines that
implementation of the protocol could result in the billing of
a survivor of sexual assault for medical forensic services,
the Office of the Attorney General shall provide the health
care professional or approved pediatric health care facility
with a written statement of the deficiencies in the protocol.
The health care professional or approved pediatric health care
facility shall have 30 days to submit a revised billing
protocol addressing the deficiencies to the Office of the
Attorney General. The health care professional or approved
pediatric health care facility shall implement the protocol
upon approval by the Crime Victim Services Division of the
Office of the Attorney General.
The health care professional, approved pediatric health
care facility, or approved federally qualified health center
shall submit any proposed revision to or modification of an
approved billing protocol to the Crime Victim Services
Division of the Office of the Attorney General for approval.
The health care professional, approved pediatric health care

facility, or approved federally qualified health center shall
implement the revised or modified billing protocol upon
approval by the Crime Victim Services Division of the Office
of the Illinois Attorney General.
(e) This Section is repealed on December 31, 2023.
(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;
102-674, eff. 11-30-21.)
(410 ILCS 70/9.5)
(Section scheduled to be repealed on January 1, 2024)
Sec. 9.5. Sexual Assault Medical Forensic Services
Implementation Task Force.
(a) The Sexual Assault Medical Forensic Services
Implementation Task Force is created to assist hospitals and
approved pediatric health care facilities with the
implementation of the changes made by this amendatory Act of
the l00th General Assembly. The Task Force shall consist of
the following members, who shall serve without compensation:
(1) one member of the Senate appointed by the
President of the Senate, who may designate an alternate
member;
(2) one member of the Senate appointed by the Minority
Leader of the Senate, who may designate an alternate
member;
(3) one member of the House of Representatives
appointed by the Speaker of the House of Representatives,

who may designate an alternate member;
(4) one member of the House of Representatives
appointed by the Minority Leader of the House of
Representatives, who may designate an alternate member;
(5) two members representing the Office of the
Attorney General appointed by the Attorney General, one of
whom shall be the Sexual Assault Nurse Examiner
Coordinator for the State of Illinois;
(6) one member representing the Department of Public
Health appointed by the Director of Public Health;
(7) one member representing the Illinois State Police
appointed by the Director of the Illinois State Police;
(8) one member representing the Department of
Healthcare and Family Services appointed by the Director
of Healthcare and Family Services;
(9) six members representing hospitals appointed by
the head of a statewide organization representing the
interests of hospitals in Illinois, at least one of whom
shall represent small and rural hospitals and at least one
of these members shall represent urban hospitals;
(10) one member representing physicians appointed by
the head of a statewide organization representing the
interests of physicians in Illinois;
(11) one member representing emergency physicians
appointed by the head of a statewide organization
representing the interests of emergency physicians in

Illinois;
(12) two members representing child abuse
pediatricians appointed by the head of a statewide
organization representing the interests of child abuse
pediatricians in Illinois, at least one of whom shall
represent child abuse pediatricians providing medical
forensic services in rural locations and at least one of
whom shall represent child abuse pediatricians providing
medical forensic services in urban locations;
(13) one member representing nurses appointed by the
head of a statewide organization representing the
interests of nurses in Illinois;
(14) two members representing sexual assault nurse
examiners appointed by the head of a statewide
organization representing the interests of forensic nurses
in Illinois, at least one of whom shall represent
pediatric/adolescent sexual assault nurse examiners and at
least one of these members shall represent
adult/adolescent sexual assault nurse examiners;
(15) one member representing State's Attorneys
appointed by the head of a statewide organization
representing the interests of State's Attorneys in
Illinois;
(16) three members representing sexual assault
survivors appointed by the head of a statewide
organization representing the interests of sexual assault

survivors and rape crisis centers, at least one of whom
shall represent rural rape crisis centers and at least one
of whom shall represent urban rape crisis centers; and
(17) one member representing children's advocacy
centers appointed by the head of a statewide organization
representing the interests of children's advocacy centers
in Illinois; and .
(18) one member representing approved federally
qualified health centers appointed by the Director of
Public Health.
The members representing the Office of the Attorney
General and the Department of Public Health shall serve as
co-chairpersons of the Task Force. The Office of the Attorney
General shall provide administrative and other support to the
Task Force.
(b) The first meeting of the Task Force shall be called by
the co-chairpersons no later than 90 days after the effective
date of this Section.
(c) The goals of the Task Force shall include, but not be
limited to, the following:
(1) to facilitate the development of areawide
treatment plans among hospitals and pediatric health care
facilities;
(2) to facilitate the development of on-call systems
of qualified medical providers and assist hospitals with
the development of plans to employ or contract with a

qualified medical provider to initiate medical forensic
services to a sexual assault survivor within 90 minutes of
the patient presenting to the hospital as required in
subsection (a-7) of Section 5;
(3) to identify photography and storage options for
hospitals to comply with the photo documentation
requirements in Sections 5 and 5.1;
(4) to develop a model written agreement for use by
rape crisis centers, hospitals, and approved pediatric
health care facilities with sexual assault treatment plans
to comply with subsection (c) of Section 2;
(5) to develop and distribute educational information
regarding the implementation of this Act to hospitals,
health care providers, rape crisis centers, children's
advocacy centers, State's Attorney's offices;
(6) to examine the role of telemedicine in the
provision of medical forensic services under this Act and
to develop recommendations for statutory change and
standards and procedures for the use of telemedicine to be
adopted by the Department;
(7) to seek inclusion of the International Association
of Forensic Nurses Sexual Assault Nurse Examiner Education
Guidelines for nurses within the registered nurse training
curriculum in Illinois nursing programs and the American
College of Emergency Physicians Management of the Patient
with the Complaint of Sexual Assault for emergency

physicians within the Illinois residency training
curriculum for emergency physicians; and
(8) to submit a report to the General Assembly by
January 1, 2024 2023 regarding the status of
implementation of this amendatory Act of the 100th General
Assembly, including, but not limited to, the impact of
transfers to out-of-state hospitals on sexual assault
survivors and the availability of treatment hospitals in
Illinois. The report shall also cover the impact of
medical forensic services provided at approved federally
qualified health centers on sexual assault survivors. The ;
the report to the General Assembly shall be filed with the
Clerk of the House of Representatives and the Secretary of
the Senate in electronic form only, in the manner that the
Clerk and the Secretary shall direct.
(d) This Section is repealed on January 1, 2025 2024.
(Source: P.A. 102-538, eff. 8-20-21.)