Sexual Assault Survivors Emergency Treatment Act (SASETA)

As of a few months ago, I had no idea this law existed. And I only became aware of it through my sexual assault training, which prepares volunteers to be medical advocates. It made me think that there must be a lot of young women out there who are unfamiliar with this law. In Illinois, the Sexual Assault Survivors Emergency Treatment Act (SASETA) is what makes it possible for victims of sexual assault and rape to receive FREE care in the emergency room. As a woman, it is imperative to know exactly what is contained in the law. However, since SASETA does apply to all sexual assault survivors in Illinois (regardless of residency), everyone should be aware of it (if not for one's own sake, for the sake of a friend, family member, or significant other). Listed below are the main points of SASETA (taken from the Rape Victim Advocates training manual). It should also be noted that the survivor has a right to an evidence collection (rape) kit up to one week after the assault occurred (in some cases a kit may be performed up to two weeks after). The text of the law, as well as recent amendments, can be found at the ICASA website.

SASETA, 410 ILCS 70/5, is an Illinois law that has been in effect since 1987. It mandates that all licensed hospitals provide emergency care to sexual assault victims. The Illinois Department of Public Health is the institution that hospitals apply to with their sexual assault treatment plans to be listed as authorized treatment centers. The following outlines key components of this law:

• Sexual assault is prioritized as a Code R in the emergency department, which alerts hospital staff to respond to victims second only to life and death patients.
• Hospital staff shall respond within minutes of the patient's arrival and move the patient to a closed environment to ensure privacy and shall refer to such patients by code.
• A head-to-toe medical exam and gynecological is done to document any trauma, major or minor (e.g. cuts, scratches, bruises, red marks, etc...). The medical record shall only reflect trauma and injury found; it should not include any conclusions regarding whether a crime occurred, merely record "reported sexual assault," or "patient states..."
• Minors do not need to have parental consent for medical treatment and evidence collection for sexual assault in the ER. However, if the survivor is a minor under 13 yrs of age evidence and information concerning the assault may be released by the parent or guardian, DCFS or law enforcement.
• Tests for sexually transmitted diseases, pregnancy (if applicable) or for other potential infections that are deemed medically necessary are to be completed for each patient, with the patient's informed consent.
• The patient shall receive oral and written information concerning the possibility of infection and STI's including a description of the more common symptoms, signs and complications of these diseases.
• The patient shall receive oral and written information concerning pregnancy resulting from the assault, available types of prevention of unwanted pregnancy and side effects, significant contraindications and limitations of the method employed.
• Medications--NOT prescriptions, are to be made available to the patient in the ER; for treatment at the hospital and after discharge (Section 5(a) of the Act). This includes, but is not limited to, HIV, pregnancy, and STD prophylaxis, as deemed appropriate by the attending physician. The patient shall receive oral and written information about all medications dispensed.
• The patient shall receive appropriate counseling that provides emotional support and confidentiality. Many hospitals contract with agencies like Rape Victim Advocates to provide the crisis intervention counseling in the ER and follow-up counseling resources.
• The patient shall receive oral and written information about the need for a follow-up exam to test for STI's within 2-4 weeks. If they return to the hospital, the tests must be administered through the emergency department if they are to be covered under SASETA.
• The patient should never receive a bill for any services provided in the ER. If the patient has listed health insurance, the hospital will first attempt to receive payment from their insurance agent. Whatever the health insurance company will not pay for, or if the patient does not have health insurance listed, the Illinois Department of Healthcare and Family Services (formerly Dept. of Public Aid) will reimburse the hospital for any procedures, medications and follow-up tests.
• Note: It is the responsibility of the treatment hospital to collect all bills related to the outpatient treatment of the sexual assault victim in the ER (this includes ambulance and private physician billing). These bills are then submitted collectively by the treatment hospital to the Illinois Department of Healthcare and Family Services for reimbursement.

Sexual assault and rape go unreported the vast majority of the time. Hopefully the knowledge of SASETA will encourage more survivors to come forward to receive the care and support they deserve. It doesn't matter if the survivor has no health insurance or isn't a resident of Illinois (as long as the assault occurred in Illinois)--he or she has a right to the services outlined in SASETA free of charge.