Public Act 094-0762
 
HB5300 Enrolled LRB094 16479 LJB 54861 b

    AN ACT concerning health.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    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:
 
    (410 ILCS 70/2)  (from Ch. 111 1/2, par. 87-2)
    Sec. 2. Hospitals to furnish emergency service. Every
hospital required to be licensed by the Department of Public
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
sexual assault survivors who apply for such hospital emergency
services in relation to injuries or trauma resulting from the
sexual assault.
    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.
    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.
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.
(Source: P.A. 92-156, eff. 1-1-02.)
 
    (410 ILCS 70/2.1)  (from Ch. 111 1/2, par. 87-2.1)
    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
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.
    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
hospital shall implement the Plan of Correction within 60 days.
    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
Department of Public Health may impose a fine of up to $500
$100.00 per day until a hospital complies with the requirements
of this Section.
    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.
(Source: P.A. 90-587, eff. 7-1-98.)
 
    (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.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.