Section 545.35  Development and Approval of Plans

a)         Every hospital required to be licensed by the Department of Public Health, pursuant to the Hospital Licensing Act, which provides general medical and surgical hospital services, except those designated as transfer hospitals, shall provide emergency hospital service, in accordance with this Part, to all alleged sexual assault survivors who apply for such hospital emergency services in relation to injuries or trauma resulting from the sexual assault.  (Section 2 of the Act)

b)         Every such hospital, regardless of whether or not a request is made for reimbursement, except hospitals participating as transfer hospitals in community or areawide plans in compliance with Section 4 of the Act and Section 545.50 of this Part, shall submit to the Department a plan to provide hospital emergency services, including a protocol to provide emergency contraception information and treatment, as required in Section 545.90, to alleged sexual assault survivors, which shall be made available by such hospital.  (Section 2 of the Act)

c)         Such plan shall be submitted to the Department for approval within 60 days after receipt of the Department's request for the plan.  (Section 2 of the Act)

d)         A sexual assault treatment plan shall be completed using the form provided in Appendix A of this Part.  A protocol consistent with the sample protocols in Appendix C shall be completed.  The Department shall approve such plan if it finds that the implementation of the proposed plan would provide adequate hospital emergency service for alleged sexual assault survivors. (Section 2 of the Act)

e)         Every hospital shall submit an updated treatment, transfer, or areawide plan to the Department every three years.

f)          To provide hospital emergency services, a hospital shall have an approved plan to provide emergency medical services to sexual assault survivors.

g)         If the Department disapproves the plan because the plan does not provide adequate hospital emergency services for the alleged sexual assault survivor, the Department shall send notice of the rejection and the reason for the rejection to the hospital.  The hospital shall have 10 days after receipt of the notice of rejection in which to submit a modified plan.

h)         Questions regarding the certification process and compliance by a hospital with its approved plan and this Part should be directed to:

                                    Illinois Department of Public Health

                                    Division of Health Care Facilities and Programs

                                    525 West Jefferson St., 4th Floor

                                    Springfield, Illinois 62761

                                    (217) 782-7412

(Source:  Added at 27 Ill. Reg. 1567, effective January 15, 2003)