Full Text of SB3023 102nd General Assembly
SB3023 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB3023 Introduced 1/5/2022, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED: |
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410 ILCS 70/1a | from Ch. 111 1/2, par. 87-1a |
410 ILCS 70/1a-1 | | 410 ILCS 70/5.4 | | 410 ILCS 70/5.5 | | 410 ILCS 70/5.5-1 | |
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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.
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| | A BILL FOR |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Sexual Assault Survivors Emergency | 5 | | Treatment Act is amended by changing Sections 1a, 1a-1, 5.4, | 6 | | 5.5, and 5.5-1 as follows:
| 7 | | (410 ILCS 70/1a) (from Ch. 111 1/2, par. 87-1a)
| 8 | | Sec. 1a. Definitions. | 9 | | (a) In this Act:
| 10 | | "Advanced practice registered nurse" has the meaning | 11 | | provided in Section 50-10 of the Nurse Practice Act. | 12 | | "Ambulance provider" means an individual or entity that | 13 | | owns and operates a business or service using ambulances or | 14 | | emergency medical services vehicles to transport emergency | 15 | | patients.
| 16 | | "Approved pediatric health care facility" means a health | 17 | | care facility, other than a hospital, with a sexual assault | 18 | | treatment plan approved by the Department to provide medical | 19 | | forensic services to pediatric sexual assault survivors who | 20 | | present with a complaint of sexual assault within a minimum of | 21 | | the last 7 days or who have disclosed past sexual assault by a | 22 | | specific individual and were in the care of that individual | 23 | | within a minimum of the last 7 days. |
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| 1 | | "Areawide sexual assault treatment plan" means a plan, | 2 | | developed by hospitals or by hospitals and approved pediatric | 3 | | health care facilities in a community or area to be served, | 4 | | which provides for medical forensic services to sexual assault | 5 | | survivors that shall be made available by each of the | 6 | | participating hospitals and approved pediatric health care | 7 | | facilities.
| 8 | | "Board-certified child abuse pediatrician" means a | 9 | | physician certified by the American Board of Pediatrics in | 10 | | child abuse pediatrics. | 11 | | "Board-eligible child abuse pediatrician" means a | 12 | | physician who has completed the requirements set forth by the | 13 | | American Board of Pediatrics to take the examination for | 14 | | certification in child abuse pediatrics. | 15 | | "Department" means the Department of Public Health.
| 16 | | "Emergency contraception" means medication as approved by | 17 | | the federal Food and Drug Administration (FDA) that can | 18 | | significantly reduce the risk of pregnancy if taken within 72 | 19 | | hours after sexual assault.
| 20 | | "Follow-up healthcare" means healthcare services related | 21 | | to a sexual assault, including laboratory services and | 22 | | pharmacy services, rendered within 180 90 days of the initial | 23 | | visit for medical forensic services.
| 24 | | "Health care professional" means a physician, a physician | 25 | | assistant, a sexual assault forensic examiner, an advanced | 26 | | practice registered nurse, a registered professional nurse, a |
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| 1 | | licensed practical nurse, or a sexual assault nurse examiner.
| 2 | | "Hospital" means a hospital licensed under the Hospital | 3 | | Licensing Act or operated under the University of Illinois | 4 | | Hospital Act, any outpatient center included in the hospital's | 5 | | sexual assault treatment plan where hospital employees provide | 6 | | medical forensic services, and an out-of-state hospital that | 7 | | has consented to the jurisdiction of the Department under | 8 | | Section 2.06.
| 9 | | "Illinois State Police Sexual Assault Evidence Collection | 10 | | Kit" means a prepackaged set of materials and forms to be used | 11 | | for the collection of evidence relating to sexual assault. The | 12 | | standardized evidence collection kit for the State of Illinois | 13 | | shall be the Illinois State Police Sexual Assault Evidence | 14 | | Collection Kit.
| 15 | | "Law enforcement agency having jurisdiction" means the law | 16 | | enforcement agency in the jurisdiction where an alleged sexual | 17 | | assault or sexual abuse occurred. | 18 | | "Licensed practical nurse" has the meaning provided in | 19 | | Section 50-10 of the Nurse Practice Act. | 20 | | "Medical forensic services" means health care delivered to | 21 | | patients within or under the care and supervision of personnel | 22 | | working in a designated emergency department of a hospital or | 23 | | an approved pediatric health care facility. "Medical forensic | 24 | | services" includes, but is not limited to, taking a medical | 25 | | history, performing photo documentation, performing a physical | 26 | | and anogenital examination, assessing the patient for evidence |
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| 1 | | collection, collecting evidence in accordance with a statewide | 2 | | sexual assault evidence collection program administered by the | 3 | | Illinois State Police using the Illinois State Police Sexual | 4 | | Assault Evidence Collection Kit, if appropriate, assessing the | 5 | | patient for drug-facilitated or alcohol-facilitated sexual | 6 | | assault, providing an evaluation of and care for sexually | 7 | | transmitted infection and human immunodeficiency virus (HIV), | 8 | | pregnancy risk evaluation and care, and discharge and | 9 | | follow-up healthcare planning. | 10 | | "Pediatric health care facility" means a clinic or | 11 | | physician's office that provides medical services to pediatric | 12 | | patients. | 13 | | "Pediatric sexual assault survivor" means a person under | 14 | | the age of 13 who presents for medical forensic services in | 15 | | relation to injuries or trauma resulting from a sexual | 16 | | assault. | 17 | | "Photo documentation" means digital photographs or | 18 | | colposcope videos stored and backed up securely in the | 19 | | original file format. | 20 | | "Physician" means a person licensed to practice medicine | 21 | | in all its branches.
| 22 | | "Physician assistant" has the meaning provided in Section | 23 | | 4 of the Physician Assistant Practice Act of 1987. | 24 | | "Prepubescent sexual assault survivor" means a female who | 25 | | is under the age of 18 years and has not had a first menstrual | 26 | | cycle or a male who is under the age of 18 years and has not |
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| 1 | | started to develop secondary sex characteristics who presents | 2 | | for medical forensic services in relation to injuries or | 3 | | trauma resulting from a sexual assault. | 4 | | "Qualified medical provider" means a board-certified child | 5 | | abuse pediatrician, board-eligible child abuse pediatrician, a | 6 | | sexual assault forensic examiner, or a sexual assault nurse | 7 | | examiner who has access to photo documentation tools, and who | 8 | | participates in peer review. | 9 | | "Registered Professional Nurse" has the meaning provided | 10 | | in Section 50-10 of the Nurse Practice Act. | 11 | | "Sexual assault" means: | 12 | | (1) an act of sexual conduct; as used in this | 13 | | paragraph, "sexual conduct" has the meaning provided under | 14 | | Section 11-0.1 of the Criminal Code of 2012; or | 15 | | (2) any act of sexual penetration; as used in this | 16 | | paragraph, "sexual penetration" has the meaning provided | 17 | | under Section 11-0.1 of the Criminal Code of 2012 and | 18 | | includes, without limitation, acts prohibited under | 19 | | Sections 11-1.20 through 11-1.60 of the Criminal Code of | 20 | | 2012.
| 21 | | "Sexual assault forensic examiner" means a physician or | 22 | | physician assistant who has completed training that meets or | 23 | | is substantially similar to the Sexual Assault Nurse Examiner | 24 | | Education Guidelines established by the International | 25 | | Association of Forensic Nurses. | 26 | | "Sexual assault nurse examiner" means an advanced practice |
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| 1 | | registered nurse or registered professional nurse who has | 2 | | completed a sexual assault nurse examiner training program | 3 | | that meets the Sexual Assault Nurse Examiner Education | 4 | | Guidelines established by the International Association of | 5 | | Forensic Nurses. | 6 | | "Sexual assault services voucher" means a document | 7 | | generated by a hospital or approved pediatric health care | 8 | | facility at the time the sexual assault survivor receives | 9 | | outpatient medical forensic services that may be used to seek | 10 | | payment for any ambulance services, medical forensic services, | 11 | | laboratory services, pharmacy services, and follow-up | 12 | | healthcare provided as a result of the sexual assault. | 13 | | "Sexual assault survivor" means a person who presents for | 14 | | medical forensic services in relation to injuries or trauma | 15 | | resulting from a sexual assault.
| 16 | | "Sexual assault transfer plan" means a written plan | 17 | | developed by a hospital and approved by the Department, which | 18 | | describes the hospital's procedures for transferring sexual | 19 | | assault survivors to another hospital, and an approved | 20 | | pediatric health care facility, if applicable, in order to | 21 | | receive medical forensic services. | 22 | | "Sexual assault treatment plan" means a written plan that | 23 | | describes the procedures and protocols for providing medical | 24 | | forensic services to sexual assault survivors who present | 25 | | themselves for such services, either directly or through | 26 | | transfer from a hospital or an approved pediatric health care |
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| 1 | | facility.
| 2 | | "Transfer hospital" means a hospital with a sexual assault | 3 | | transfer plan approved by the Department. | 4 | | "Transfer services" means the appropriate medical | 5 | | screening examination and necessary stabilizing treatment | 6 | | prior to the transfer of a sexual assault survivor to a | 7 | | hospital or an approved pediatric health care facility that | 8 | | provides medical forensic services to sexual assault survivors | 9 | | pursuant to a sexual assault treatment plan or areawide sexual | 10 | | assault treatment plan.
| 11 | | "Treatment hospital" means a hospital with a sexual | 12 | | assault treatment plan approved by the Department to provide | 13 | | medical forensic services to all sexual assault survivors who | 14 | | present with a complaint of sexual assault within a minimum of | 15 | | the last 7 days or who have disclosed past sexual assault by a | 16 | | specific individual and were in the care of that individual | 17 | | within a minimum of the last 7 days. | 18 | | "Treatment hospital with approved pediatric transfer" | 19 | | means a hospital with a treatment plan approved by the | 20 | | Department to provide medical forensic services to sexual | 21 | | assault survivors 13 years old or older who present with a | 22 | | complaint of sexual assault within a minimum of the last 7 days | 23 | | or who have disclosed past sexual assault by a specific | 24 | | individual and were in the care of that individual within a | 25 | | minimum of the last 7 days. | 26 | | (b) This Section is effective on and after January 1, |
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| 1 | | 2022. | 2 | | (Source: P.A. 101-81, eff. 7-12-19; 101-634, eff. 6-5-20; | 3 | | 102-22, eff. 6-25-21; 102-538, eff. 8-20-21; revised | 4 | | 10-14-21.)
| 5 | | (410 ILCS 70/1a-1) | 6 | | (Section scheduled to be repealed on December 31, 2023) | 7 | | Sec. 1a-1. Definitions. | 8 | | (a) In this Act: | 9 | | "Advanced practice registered nurse" has the meaning | 10 | | provided in Section 50-10 of the Nurse Practice Act. | 11 | | "Ambulance provider" means an individual or entity that | 12 | | owns and operates a business or service using ambulances or | 13 | | emergency medical services vehicles to transport emergency | 14 | | patients. | 15 | | "Approved pediatric health care facility" means a health | 16 | | care facility, other than a hospital, with a sexual assault | 17 | | treatment plan approved by the Department to provide medical | 18 | | forensic services to pediatric sexual assault survivors who | 19 | | present with a complaint of sexual assault within a minimum of | 20 | | the last 7 days or who have disclosed past sexual assault by a | 21 | | specific individual and were in the care of that individual | 22 | | within a minimum of the last 7 days. | 23 | | "Approved federally qualified health center" means a | 24 | | facility as defined in Section 1905(l)(2)(B) of the federal | 25 | | Social Security Act with a sexual assault treatment plan |
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| 1 | | approved by the Department to provide medical forensic | 2 | | services to sexual assault survivors 13 years old or older who | 3 | | present with a complaint of sexual assault within a minimum of | 4 | | the last 7 days or who have disclosed past sexual assault by a | 5 | | specific individual and were in the care of that individual | 6 | | within a minimum of the last 7 days. | 7 | | "Areawide sexual assault treatment plan" means a plan, | 8 | | developed by hospitals or by hospitals, approved pediatric | 9 | | health care facilities, and approved federally qualified | 10 | | health centers in a community or area to be served, which | 11 | | provides for medical forensic services to sexual assault | 12 | | survivors that shall be made available by each of the | 13 | | participating hospitals and approved pediatric health care | 14 | | facilities. | 15 | | "Board-certified child abuse pediatrician" means a | 16 | | physician certified by the American Board of Pediatrics in | 17 | | child abuse pediatrics. | 18 | | "Board-eligible child abuse pediatrician" means a | 19 | | physician who has completed the requirements set forth by the | 20 | | American Board of Pediatrics to take the examination for | 21 | | certification in child abuse pediatrics. | 22 | | "Department" means the Department of Public Health. | 23 | | "Emergency contraception" means medication as approved by | 24 | | the federal Food and Drug Administration (FDA) that can | 25 | | significantly reduce the risk of pregnancy if taken within 72 | 26 | | hours after sexual assault. |
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| 1 | | "Federally qualified health center" means a facility as | 2 | | defined in Section 1905(l)(2)(B) of the federal Social | 3 | | Security Act that provides primary care or sexual health | 4 | | services. | 5 | | "Follow-up healthcare" means healthcare services related | 6 | | to a sexual assault, including laboratory services and | 7 | | pharmacy services, rendered within 180 90 days of the initial | 8 | | visit for medical forensic services. | 9 | | "Health care professional" means a physician, a physician | 10 | | assistant, a sexual assault forensic examiner, an advanced | 11 | | practice registered nurse, a registered professional nurse, a | 12 | | licensed practical nurse, or a sexual assault nurse examiner. | 13 | | "Hospital" means a hospital licensed under the Hospital | 14 | | Licensing Act or operated under the University of Illinois | 15 | | Hospital Act, any outpatient center included in the hospital's | 16 | | sexual assault treatment plan where hospital employees provide | 17 | | medical forensic services, and an out-of-state hospital that | 18 | | has consented to the jurisdiction of the Department under | 19 | | Section 2.06-1. | 20 | | "Illinois State Police Sexual Assault Evidence Collection | 21 | | Kit" means a prepackaged set of materials and forms to be used | 22 | | for the collection of evidence relating to sexual assault. The | 23 | | standardized evidence collection kit for the State of Illinois | 24 | | shall be the Illinois State Police Sexual Assault Evidence | 25 | | Collection Kit. | 26 | | "Law enforcement agency having jurisdiction" means the law |
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| 1 | | enforcement agency in the jurisdiction where an alleged sexual | 2 | | assault or sexual abuse occurred. | 3 | | "Licensed practical nurse" has the meaning provided in | 4 | | Section 50-10 of the Nurse Practice Act. | 5 | | "Medical forensic services" means health care delivered to | 6 | | patients within or under the care and supervision of personnel | 7 | | working in a designated emergency department of a hospital, | 8 | | approved pediatric health care facility, or an approved | 9 | | federally qualified health centers. | 10 | | "Medical forensic services" includes, but is not limited | 11 | | to, taking a medical history, performing photo documentation, | 12 | | performing a physical and anogenital examination, assessing | 13 | | the patient for evidence collection, collecting evidence in | 14 | | accordance with a statewide sexual assault evidence collection | 15 | | program administered by the Department of State Police using | 16 | | the Illinois State Police Sexual Assault Evidence Collection | 17 | | Kit, if appropriate, assessing the patient for | 18 | | drug-facilitated or alcohol-facilitated sexual assault, | 19 | | providing an evaluation of and care for sexually transmitted | 20 | | infection and human immunodeficiency virus (HIV), pregnancy | 21 | | risk evaluation and care, and discharge and follow-up | 22 | | healthcare planning. | 23 | | "Pediatric health care facility" means a clinic or | 24 | | physician's office that provides medical services to pediatric | 25 | | patients. | 26 | | "Pediatric sexual assault survivor" means a person under |
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| 1 | | the age of 13 who presents for medical forensic services in | 2 | | relation to injuries or trauma resulting from a sexual | 3 | | assault. | 4 | | "Photo documentation" means digital photographs or | 5 | | colposcope videos stored and backed up securely in the | 6 | | original file format. | 7 | | "Physician" means a person licensed to practice medicine | 8 | | in all its branches. | 9 | | "Physician assistant" has the meaning provided in Section | 10 | | 4 of the Physician Assistant Practice Act of 1987. | 11 | | "Prepubescent sexual assault survivor" means a female who | 12 | | is under the age of 18 years and has not had a first menstrual | 13 | | cycle or a male who is under the age of 18 years and has not | 14 | | started to develop secondary sex characteristics who presents | 15 | | for medical forensic services in relation to injuries or | 16 | | trauma resulting from a sexual assault. | 17 | | "Qualified medical provider" means a board-certified child | 18 | | abuse pediatrician, board-eligible child abuse pediatrician, a | 19 | | sexual assault forensic examiner, or a sexual assault nurse | 20 | | examiner who has access to photo documentation tools, and who | 21 | | participates in peer review. | 22 | | "Registered Professional Nurse" has the meaning provided | 23 | | in Section 50-10 of the Nurse Practice Act. | 24 | | "Sexual assault" means: | 25 | | (1) an act of sexual conduct; as used in this | 26 | | paragraph, "sexual conduct" has the meaning provided under |
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| 1 | | Section 11-0.1 of the Criminal Code of 2012; or | 2 | | (2) any act of sexual penetration; as used in this | 3 | | paragraph, "sexual penetration" has the meaning provided | 4 | | under Section 11-0.1 of the Criminal Code of 2012 and | 5 | | includes, without limitation, acts prohibited under | 6 | | Sections 11-1.20 through 11-1.60 of the Criminal Code of | 7 | | 2012. | 8 | | "Sexual assault forensic examiner" means a physician or | 9 | | physician assistant who has completed training that meets or | 10 | | is substantially similar to the Sexual Assault Nurse Examiner | 11 | | Education Guidelines established by the International | 12 | | Association of Forensic Nurses. | 13 | | "Sexual assault nurse examiner" means an advanced practice | 14 | | registered nurse or registered professional nurse who has | 15 | | completed a sexual assault nurse examiner training program | 16 | | that meets the Sexual Assault Nurse Examiner Education | 17 | | Guidelines established by the International Association of | 18 | | Forensic Nurses. | 19 | | "Sexual assault services voucher" means a document | 20 | | generated by a hospital or approved pediatric health care | 21 | | facility at the time the sexual assault survivor receives | 22 | | outpatient medical forensic services that may be used to seek | 23 | | payment for any ambulance services, medical forensic services, | 24 | | laboratory services, pharmacy services, and follow-up | 25 | | healthcare provided as a result of the sexual assault. | 26 | | "Sexual assault survivor" means a person who presents for |
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| 1 | | medical forensic services in relation to injuries or trauma | 2 | | resulting from a sexual assault. | 3 | | "Sexual assault transfer plan" means a written plan | 4 | | developed by a hospital and approved by the Department, which | 5 | | describes the hospital's procedures for transferring sexual | 6 | | assault survivors to another hospital, and an approved | 7 | | pediatric health care facility, if applicable, in order to | 8 | | receive medical forensic services. | 9 | | "Sexual assault treatment plan" means a written plan that | 10 | | describes the procedures and protocols for providing medical | 11 | | forensic services to sexual assault survivors who present | 12 | | themselves for such services, either directly or through | 13 | | transfer from a hospital or an approved pediatric health care | 14 | | facility. | 15 | | "Transfer hospital" means a hospital with a sexual assault | 16 | | transfer plan approved by the Department. | 17 | | "Transfer services" means the appropriate medical | 18 | | screening examination and necessary stabilizing treatment | 19 | | prior to the transfer of a sexual assault survivor to a | 20 | | hospital or an approved pediatric health care facility that | 21 | | provides medical forensic services to sexual assault survivors | 22 | | pursuant to a sexual assault treatment plan or areawide sexual | 23 | | assault treatment plan. | 24 | | "Treatment hospital" means a hospital with a sexual | 25 | | assault treatment plan approved by the Department to provide | 26 | | medical forensic services to all sexual assault survivors who |
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| 1 | | present with a complaint of sexual assault within a minimum of | 2 | | the last 7 days or who have disclosed past sexual assault by a | 3 | | specific individual and were in the care of that individual | 4 | | within a minimum of the last 7 days. | 5 | | "Treatment hospital with approved pediatric transfer" | 6 | | means a hospital with a treatment plan approved by the | 7 | | Department to provide medical forensic services to sexual | 8 | | assault survivors 13 years old or older who present with a | 9 | | complaint of sexual assault within a minimum of the last 7 days | 10 | | or who have disclosed past sexual assault by a specific | 11 | | individual and were in the care of that individual within a | 12 | | minimum of the last 7 days. | 13 | | (b) This Section is repealed on December 31, 2023.
| 14 | | (Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; | 15 | | 102-674, eff. 11-30-21.) | 16 | | (410 ILCS 70/5.4) | 17 | | Sec. 5.4. Out-of-state hospitals. | 18 | | (a) Nothing in this Section shall prohibit the transfer of | 19 | | a patient in need of medical services from a hospital that has | 20 | | been designated as a trauma center by the Department in | 21 | | accordance with Section 3.90 of the Emergency Medical Services | 22 | | (EMS) Systems Act. | 23 | | (b) A transfer hospital, treatment hospital with approved | 24 | | pediatric transfer, or approved pediatric health care facility | 25 | | may transfer a sexual assault survivor to an out-of-state |
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| 1 | | hospital that has been designated as a trauma center by the | 2 | | Department under Section 3.90 of the Emergency Medical | 3 | | Services (EMS) Systems Act if the out-of-state hospital: (1) | 4 | | submits an areawide treatment plan approved by the Department; | 5 | | and (2) has certified the following to the Department in a form | 6 | | and manner prescribed by the Department that the out-of-state | 7 | | hospital will: | 8 | | (i) consent to the jurisdiction of the Department in | 9 | | accordance with Section 2.06 of this Act; | 10 | | (ii) comply with all requirements of this Act | 11 | | applicable to treatment hospitals, including, but not | 12 | | limited to, offering evidence collection to any Illinois | 13 | | sexual assault survivor who presents with a complaint of | 14 | | sexual assault within a minimum of the last 7 days or who | 15 | | has disclosed past sexual assault by a specific individual | 16 | | and was in the care of that individual within a minimum of | 17 | | the last 7 days and not billing the sexual assault | 18 | | survivor for medical forensic services or 180 90 days of | 19 | | follow-up healthcare; | 20 | | (iii) use an Illinois State Police Sexual Assault | 21 | | Evidence Collection Kit to collect forensic evidence from | 22 | | an Illinois sexual assault survivor; | 23 | | (iv) ensure its staff cooperates with Illinois law | 24 | | enforcement agencies and are responsive to subpoenas | 25 | | issued by Illinois courts; and | 26 | | (v) provide appropriate transportation upon the |
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| 1 | | completion of medical forensic services back to the | 2 | | transfer hospital or treatment hospital with pediatric | 3 | | transfer where the sexual assault survivor initially | 4 | | presented seeking medical forensic services, unless the | 5 | | sexual assault survivor chooses to arrange his or her own | 6 | | transportation. | 7 | | (c) Subsection (b) of this Section is inoperative on and | 8 | | after January 1, 2024.
| 9 | | (Source: P.A. 100-775, eff. 1-1-19 .) | 10 | | (410 ILCS 70/5.5) | 11 | | Sec. 5.5. Minimum reimbursement requirements for follow-up | 12 | | healthcare. | 13 | | (a) Every hospital, pediatric health care facility, health | 14 | | care professional, laboratory, or pharmacy that provides | 15 | | follow-up healthcare to a sexual assault survivor, with the | 16 | | consent of the sexual assault survivor and as ordered by the | 17 | | attending physician, an advanced practice registered nurse, or | 18 | | physician assistant shall be reimbursed for the follow-up | 19 | | healthcare services provided. Follow-up healthcare services | 20 | | include, but are not limited to, the following: | 21 | | (1) a physical examination; | 22 | | (2) laboratory tests to determine the presence or | 23 | | absence of sexually transmitted infection; and | 24 | | (3) appropriate medications, including HIV | 25 | | prophylaxis, in accordance with the Centers for Disease |
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| 1 | | Control and Prevention's guidelines. | 2 | | (b) Reimbursable follow-up healthcare is limited to office | 3 | | visits with a physician, advanced practice registered nurse, | 4 | | or physician assistant within 180 90 days after an initial | 5 | | visit for hospital medical forensic services. | 6 | | (c) Nothing in this Section requires a hospital, pediatric | 7 | | health care facility, health care professional, laboratory, or | 8 | | pharmacy to provide follow-up healthcare to a sexual assault | 9 | | survivor.
| 10 | | (d) This Section is effective on and after January 1, | 11 | | 2024. | 12 | | (Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; | 13 | | 102-674, eff. 11-30-21.) | 14 | | (410 ILCS 70/5.5-1) | 15 | | (Section scheduled to be repealed on December 31, 2023) | 16 | | Sec. 5.5-1. Minimum reimbursement requirements for | 17 | | follow-up healthcare. | 18 | | (a) Every hospital, pediatric health care facility, | 19 | | federally qualified health center, health care professional, | 20 | | laboratory, or pharmacy that provides follow-up healthcare to | 21 | | a sexual assault survivor, with the consent of the sexual | 22 | | assault survivor and as ordered by the attending physician, an | 23 | | advanced practice registered nurse, or physician assistant | 24 | | shall be reimbursed for the follow-up healthcare services | 25 | | provided. Follow-up healthcare services include, but are not |
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| 1 | | limited to, the following: | 2 | | (1) a physical examination; | 3 | | (2) laboratory tests to determine the presence or | 4 | | absence of sexually transmitted infection; and | 5 | | (3) appropriate medications, including HIV | 6 | | prophylaxis, in accordance with the Centers for Disease | 7 | | Control and Prevention's guidelines. | 8 | | (b) Reimbursable follow-up healthcare is limited to office | 9 | | visits with a physician, advanced practice registered nurse, | 10 | | or physician assistant within 180 90 days after an initial | 11 | | visit for hospital medical forensic services. | 12 | | (c) Nothing in this Section requires a hospital, pediatric | 13 | | health care facility, federally qualified health center, | 14 | | health care professional, laboratory, or pharmacy to provide | 15 | | follow-up healthcare to a sexual assault survivor. | 16 | | (d) This Section is repealed on December 31, 2023.
| 17 | | (Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; | 18 | | 102-674, eff. 11-30-21.)
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