Understanding SASETA in Criminal Sexual Assault Medical Care
By: Anonymous
SASETA stands for Sexual Assault Survivor’s Emergency Treatment Act otherwise known as 410 ILCS 70/1 which is an Illinois law governing the healthcare and evidence collection procedures for hospitals responding to sexual assault victims. This mandates that all hospitals licensed by the Illinois Department of Public Health (IDPH) that provide general medical and surgical services must offer one of the following to sexual assault survivors: (1) transfer services; (2) hospital emergency and forensic services for adults with pediatric patients transferred; or (3) hospital emergency and forensic services for survivors of all ages, for injuries or trauma resulting from sexual assault. Although survivors have the option to participate or refuse to speak with law enforcement or file a police report, the hospital must notify law enforcement of the incident.
Some hospitals identify sexual assault patients seeking treatment by referring to them as “Code R” to maintain confidentiality. Under SASETA, sexual assault cases are prioritized second only to life and death patients. Survivors can request a safe and private waiting space. Survivors are entitled to a private examining room ie: four walls, or, three walls and one curtain and are to be provided care within the first 90 minuets of registration.
Additionally, patients have the right to a head-to-toe medical exam and gynecological exam. The physician and/or sexual assault nurse examiner should document trauma however minor or major, refrain from criminal allegations and legal jargon, and not conclude criminal outcomes.
Furthermore, survivors must be offered a sexual assault evidence collection kit, also known as a “rape kit,” or formally known as an “ISPECK” an Illinois State Police Evidence Collection Kit- if the assault occurs within 7 days from the hospital visit regardless of the circumstances. Survivors may participate in or refuse any steps within the process. Included in this process is the right to forensic photography of visible injuries on the body and toxicology testing. Last, a shower and a change of clean clothes are to be offered to Survivors after the evidence collection is completed and to the extent the on-site facilities can accommodate. More information regarding these policies can be found under SAIPA the Sexual Assault Incident Procedure Act.
A medical advocate is not automatically required to be present during a sexual assault examination, but survivors have a legal right to request one. Hospitals and medical providers are obligated to inform survivors of this right verbally or in writing, before any medical or evidentiary examination begins. While an exam may proceed without an advocate if one cannot be made available in a reasonably timely manner, the decision to have an advocate present always rests with the survivor, who may ask the advocate to leave at any time. In addition to a medical advocate, survivors also have the right to have another support person of their choosing present during the examination.
It is important to note that minors and people with disabilities do not need a parent or guardian’s consent for their medical treatment nor the consent or release of the evidence collection kit. However, children ages 0 -12 years old need parental or guardian consent to release the evidence collection kit with the exception of DCFS or law enforcement who can sign for the release of the kit. At age 13 a parent or guardian is not required to release the evidence.
Continuing, on-site treatment, (not limited to testing), and verbal and written information is required to be provided should the survivor need attention to the following: bacterial sexually transmitted infections; HIV post-exposure prophylaxis; and pregnancy such as emergency contraception via immediate medications and not solely prescriptions to be later filled. The exception to these provisions is the “Peoria Protocol” whereby Catholic hospitals and emergency rooms do not have to offer emergency contraception. Follow-up examination information must be explained verbally and provided in writing to the survivor. Additionally, survivors must be given written information and resources to their local rape crisis center.
Effective January 1, 2026, SASETA will expand survivor supports by covering limited transportation services from approved treatment hospitals to a survivor’s residence or a survivor services shelter, including taxi or rideshare options. The updated policy also allows transfer hospitals with Illinois Department of Public Health (IDPH) approved transfer plans to issue the HFS 3870 Authorization for Payment Voucher, which enables survivors to access follow-up services from other providers for up to 180 days after the initial emergency room visit. Beginning January 1, 2026, transfer hospitals may issue sexual assault survivor service authorization vouchers and must be enrolled in the MEDI billing system, with enrollment in MEDI ERSASS available starting December 1, 2025. Transfer hospitals are responsible for issuing vouchers to all non-Medicaid survivors seen in the ER, regardless of whether the survivor is transferred to a treatment hospital and must provide the voucher to the survivor and retain a copy in the medical record.
Last, a survivor should never be directly billed for their emergency room visit regardless if they are not insured, have public aid, or have private insurance. Any survivor who is billed is encouraged to contact their local rape crisis center for assistance towards resolving this problem.
References to this article and more information can be found at the following websites:
https://dph.illinois.gov/topics-services/health-care-regulation/hospitals/saseta.html
https://illinoisattorneygeneral.gov/Page-Attachments/YourRightsAndChoicesForAMedicalForensicExam.pdf
https://hfs.illinois.gov/medicalproviders/notices/notice.prn251204a.html#:~:text=Sexual%20Assault%20Survivors%20Emergency%20Treatment,Assault%20Emergency%20Treatment%20Program%20will%3A