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 a medical forensic examination, medical care and treatment as defined by 77 Ill. Adm. Code Part 545 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
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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 a medical forensic examination, medical care and treatment as defined by 77 Ill. Adm. Code Part 545 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 the medical forensic examination 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 with a sexual assault treatment plan or sexual assault transfer plan providing treatment services to sexual assault survivors in accordance with a plan approved by the Department 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) (blank); (6) the toll-free phone number of the Office of the Illinois Attorney General's Health Care Bureau, 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. (d) Within 60 days after the Department's approval of a treatment plan, a hospital or 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 examination. The billing protocol must include at a minimum: (1) (blank); (2) (blank); (3) prohibitions on submitting any bill for any portion of the medical forensic examination provided to a survivor of sexual assault to a collection agency; (4) (blank); (5) (blank); (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; and (7) protocols and procedures for compliance with subsections (a), (a-5), and (c) of this Section. Upon request, the Department of Healthcare and Family Services may provide assistance to hospitals and approved pediatric health care facilities developing billing protocols. A hospital or approved pediatric health care facility shall provide a copy of its billing protocol upon request. (e) This Section is effective on and after January 1, 2024.