SB2967 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2967

 

Introduced 12/15/2021, by Sen. Julie A. Morrison

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 70/7  from Ch. 111 1/2, par. 87-7

    Amends the Sexual Assault Survivors Emergency Treatment Act. Removes language providing that, on and after July 1, 2012, the Department of Public Health shall reduce any rate of reimbursement for services or other payments or alter any methodologies authorized by the Act or the Illinois Public Aid Code to reduce any rate of reimbursement for services or other payments in accordance with specified provisions of the Illinois Public Aid Code. Provides that, notwithstanding any other provision of law, a specified person or entity who provides an acute exam to a sexual assault survivor under the Act who is uninsured or receives medical assistance under the Illinois Public Aid Code shall receive reimbursement for each acute exam provided in the amount of $3,000 for acute exams provided to adult sexual assault survivors or to pediatric sexual assault survivors. Provides that the rates of reimbursement may be increased by the Department of Public Health. Provides that a sexual assault survivor with a nonprimary insurance policy may opt out of billing the sexual assault survivor's private insurance provider in a situation in which a concern for safety or confidentiality exists. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2967LRB102 21691 CPF 30810 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 Section 7 as follows:
 
6    (410 ILCS 70/7)  (from Ch. 111 1/2, par. 87-7)
7    Sec. 7. Reimbursement.
8    (a) A hospital, approved pediatric health care facility,
9or health care professional furnishing medical forensic
10services, an ambulance provider furnishing transportation to a
11sexual assault survivor, a hospital, health care professional,
12or laboratory providing follow-up healthcare, or a pharmacy
13dispensing prescribed medications to any sexual assault
14survivor shall furnish such services or medications to that
15person without charge and shall seek payment as follows:
16        (1) If a sexual assault survivor is eligible to
17    receive benefits under the medical assistance program
18    under Article V of the Illinois Public Aid Code, the
19    ambulance provider, hospital, approved pediatric health
20    care facility, health care professional, laboratory, or
21    pharmacy must submit the bill to the Department of
22    Healthcare and Family Services or the appropriate Medicaid
23    managed care organization and accept the amount paid as

 

 

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

 

 

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1    professional, laboratory, or pharmacy shall submit the
2    request for reimbursement to the Illinois Sexual Assault
3    Emergency Treatment Program under the Department of
4    Healthcare and Family Services in accordance with 89 Ill.
5    Adm. Code 148.510 at the Department of Healthcare and
6    Family Services' allowable rates under the Illinois Public
7    Aid Code.
8        (4) If a sexual assault survivor presents a sexual
9    assault services voucher for follow-up healthcare, the
10    healthcare professional, pediatric health care facility,
11    or laboratory that provides follow-up healthcare or the
12    pharmacy that dispenses prescribed medications to a sexual
13    assault survivor shall submit the request for
14    reimbursement for follow-up healthcare, pediatric health
15    care facility, laboratory, or pharmacy services to the
16    Illinois Sexual Assault Emergency Treatment Program under
17    the Department of Healthcare and Family Services in
18    accordance with 89 Ill. Adm. Code 148.510 at the
19    Department of Healthcare and Family Services' allowable
20    rates under the Illinois Public Aid Code. Nothing in this
21    subsection (a) precludes hospitals or approved pediatric
22    health care facilities from providing follow-up healthcare
23    and receiving reimbursement under this Section.
24    (b) Nothing in this Section precludes a hospital, health
25care provider, ambulance provider, laboratory, or pharmacy
26from billing the sexual assault survivor or any applicable

 

 

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1health insurance or coverage for inpatient services.
2    (c) (Blank).
3    (d) (Blank). On and after July 1, 2012, the Department
4shall reduce any rate of reimbursement for services or other
5payments or alter any methodologies authorized by this Act or
6the Illinois Public Aid Code to reduce any rate of
7reimbursement for services or other payments in accordance
8with Section 5-5e of the Illinois Public Aid Code.
9    (d-5) Notwithstanding any other provision of law,
10including, but not limited to, Section 5-5e of the Illinois
11Public Aid Code, a person or entity described under subsection
12(a) who provides an acute exam to a sexual assault survivor
13under this Act who is uninsured or receives medical assistance
14under Article V of the Illinois Public Aid Code shall receive
15reimbursement for each acute exam provided in the following
16amounts:
17        (1) $3,000 for an acute exam provided to an adult
18    sexual assault survivor.
19        (2) $3,000 for an acute exam provided to a pediatric
20    sexual assault survivor.
21    The rates of reimbursement under this subsection may be
22increased by the Department.
23    (d-10) Notwithstanding any other provision of law,
24including, but not limited to, subsection (a), a sexual
25assault survivor with a nonprimary insurance policy may opt
26out of billing the sexual assault survivor's private insurance

 

 

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1provider in a situation in which a concern for safety or
2confidentiality exists.
3    (e) The Department of Healthcare and Family Services shall
4establish standards, rules, and regulations to implement this
5Section.
6    (f) This Section is effective on and after January 1,
72022.
8(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.