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| Public Act 094-0762 |
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Sexual Assault Survivors Emergency | ||||
Treatment Act is amended by changing Sections 2 and 2.1 and by | ||||
adding Section 8.5 as follows:
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(410 ILCS 70/2) (from Ch. 111 1/2, par. 87-2)
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Sec. 2. Hospitals to furnish emergency service. Every | ||||
hospital
required to be licensed by the Department of Public
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Health pursuant to
the Hospital Licensing Act, approved July 1, | ||||
1953, as now or hereafter
amended, which provides general | ||||
medical and surgical hospital services
shall provide emergency | ||||
hospital service, in accordance with rules and
regulations | ||||
adopted by the Department of Public Health,
to all alleged
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sexual assault survivors who apply for such hospital emergency | ||||
services in
relation to injuries or trauma resulting from the | ||||
sexual assault.
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In addition every such hospital, regardless of whether or | ||||
not a request
is made for reimbursement, except hospitals | ||||
participating in community
or area wide plans in compliance | ||||
with Section 4 of this Act, shall submit
to the Department of | ||||
Public Health a plan to provide
hospital emergency
services to | ||||
alleged sexual assault survivors which
shall be made available | ||||
by such hospital.
Such plan shall be submitted within 60 days | ||||
of receipt of the
Department's request for this plan, to the | ||||
Department of Public Health for approval prior to such plan | ||||
becoming effective. The
Department of Public Health shall | ||||
approve such plan for
emergency service
to alleged sexual | ||||
assault survivors if it finds that the implementation of
the | ||||
proposed plan would provide adequate hospital emergency | ||||
service for
alleged sexual assault survivors and provide | ||||
sufficient protections from the
risk of pregnancy by sexual | ||||
assault survivors.
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The Department of Public Health shall periodically
conduct | ||
on site
reviews
of such approved
plans with hospital personnel | ||
to insure that the established procedures
are being followed. | ||
On January 1, 2007 and each January 1 thereafter, the | ||
Department shall submit a report to the General Assembly | ||
containing information on the hospitals in this State that have | ||
submitted a plan to provide hospital emergency services to | ||
sexual assault survivors. The Department shall post on its | ||
Internet website the report required in this Section. The | ||
report shall include all of the following: | ||
(1) A list of all hospitals that have submitted a plan. | ||
(2) A list of hospitals whose plans have been found by | ||
the Department to be in compliance with this Act. | ||
(3) A list of hospitals that have failed to submit an | ||
acceptable Plan of Correction within the time required by | ||
Section 2.1 of this Act. | ||
(4) A list of hospitals at which the periodic site | ||
review required by this Act has been conducted.
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When a hospital listed as noncompliant under item (3) of this | ||
Section submits and implements the required Plan of Correction, | ||
the Department shall immediately update the report on its | ||
Internet website to reflect that hospital's compliance.
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(Source: P.A. 92-156, eff. 1-1-02.)
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(410 ILCS 70/2.1) (from Ch. 111 1/2, par. 87-2.1)
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Sec. 2.1. Plans of correction - Penalties for failure to | ||
implement
such plans. If the Department of Public Health | ||
surveyor determines that
the hospital is not
in compliance with | ||
its approved plan, the surveyor shall provide the
hospital with | ||
a written list of the specific items of noncompliance within
2 | ||
weeks of the conclusion of the on site review. The hospital | ||
shall have
14 working days to submit to the Department of | ||
Public Health a plan of
correction which
contains the | ||
hospital's specific proposals for correcting the items of
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noncompliance. The Department of Public Health shall review the | ||
plan of
correction and
notify the hospital in writing as to | ||
whether the plan is acceptable
or nonacceptable.
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If the Department of Public Health finds the Plan of | ||
Correction
nonacceptable, the
hospital shall have 7 working | ||
days to resubmit an acceptable Plan of
Correction. Upon | ||
notification that its Plan of Correction is acceptable, a
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hospital shall implement the Plan of Correction within 60 days.
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The failure to submit an acceptable Plan of Correction or | ||
to implement
the Plan of Correction, within the time frames | ||
required in this Section,
will subject a hospital to the | ||
imposition of a fine by the Department of
Public Health. The
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Department of Public Health may impose a fine of up to $500
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$100.00 per day
until a hospital
complies with the requirements | ||
of this Section.
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Before imposing a fine pursuant to this Section, the | ||
Department of Public
Health shall
provide the hospital via | ||
certified mail with written notice and an
opportunity for an | ||
administrative hearing. Such hearing must be requested
within | ||
10 working days of receipt of the Department of Public Health's | ||
Notice.
All hearings
shall be conducted in accordance with the | ||
Department of Public Health's rules
in
administrative | ||
hearings.
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(Source: P.A. 90-587, eff. 7-1-98.)
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(410 ILCS 70/8.5 new) | ||
Sec. 8.5. Complaints. The Department shall implement a | ||
complaint system through which the Department may receive | ||
complaints of violations of this Act. The Department may use an | ||
existing complaint system to fulfill the requirements of this | ||
Section.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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