Ill. Admin. Code tit. 77, § 545.100 - Sexual Assault Services Vouchers and Written Notice to Sexual Assault Survivors
a)
Every
hospital or approved pediatric health care facility 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
of the Act. The hospital or approved pediatric health care facility shall make
a copy of the voucher and place it in the medical record of the sexual assault
survivor. The hospital or approved pediatric health care facility shall provide
a copy of the voucher to the sexual assault survivor after discharge upon
request. (Section 5(b-5) of the Act)
b)
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 the
Act and this Part shall provide a written notice to a sexual
assault survivor.
The written notice shall 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 the sexual assault survivor 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 the
Act and Section
545.20 of this Part;
5)
A phone number the sexual assault
survivor may call should the sexual assault survivor receive a bill from the
hospital or pediatric health care facility for medical forensic
services; and
6)
The toll-free phone number of the Office of the Illinois Attorney
General, Crime Victim Services Division, that 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.
c)
Subsection (b)
shall not apply to hospitals that provide transfer services as defined
under Section 1a of the Act and Section
545.20 of this Part. (Section
7.5(c) of the Act)
d)
A
sexual assault services voucher shall be issued by a treatment hospital,
treatment hospital with approved pediatric transfer or approved pediatric
health care facility at the time a sexual assault survivor receives medical
forensic services.
e)
Each treatment hospital, treatment hospital with approved pediatric
transfer, and approved pediatric health care facility shall include in its
sexual assault treatment plan submitted to the Department in accordance with
Section 2 of the Act and Section
545.35 of this Part a
protocol for issuing sexual assault services vouchers. The protocol shall, at a
minimum, include the following:
1)
Identification of employee positions responsible for issuing sexual
assault services vouchers;
2)
Identification of employee
positions with access to the Medical Electronic Data Interchange or successor
system; and
3) For
pediatric health care facilities, a statement to be signed by each
employee of that facility with access to the Medical Electronic Data
Interchange or successor system affirming that system will only be used for the
purpose of issuing sexual assault services vouchers.
f)
A sexual assault
services voucher 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.
g)
Any
treatment hospital, treatment hospital with approved pediatric transfer,
approved pediatric health care facility, health care professional, ambulance
provider, laboratory, or pharmacy may submit a bill for services provided to a
sexual assault survivor as a result of a sexual assault to the Department of
Healthcare and Family Services Sexual Assault Emergency Treatment Program. The
bill shall include the:
1)
Name and date of birth of the sexual assault
survivor;
2)
Service provided;
3)
Charge of
service;
4)
Date
the service was provided; and
5)
Recipient identification number,
if known. (Section 5.2 of the Act)
h)
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. (Section 7.5(a) of the
Act)
i)
Nothing
in subsection (h) 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. (Section 7.5(b) of the Act)
j)
Notwithstanding any other
provision of law, including, but not limited to, Section 7.5(a) of the
Act and subsection (h), 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. (Section 7.5(a-5) of the Act)
Notes
Repealed at 33 Ill. Reg. 14588, effective October 9, 2009
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