94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB5300


 
Introduced 01/25/06, by Rep. Rosemary Mulligan
 
SYNOPSIS AS INTRODUCED:
 		
















410 ILCS 70/2
  from Ch. 111 1/2, par. 87-2


410 ILCS 70/2.1
  from Ch. 111 1/2, par. 87-2.1



410 ILCS 70/8.5 new










    Amends the Sexual Assault Survivors Emergency Treatment Act. Requires the Department of Public Health to submit a report to the General Assembly containing information on hospitals that have submitted a plan to provide emergency services to sexual assault survivors to the Department and to post the report on its Internet website. Changes the maximum fine for failure to submit a Plan of Correction or to implement the Plan of Correction to $1,000 (now, $100.00) per day. Requires the Department to accept and investigate any complaint of a hospital not providing services required by the Act. Effective immediately.
















LRB094 16479 LJB 54861 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB5300

LRB094 16479 LJB 54861 b






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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 
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Treatment Act is amended  by changing Sections 2 and 2.1 and  by 
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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 
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hospital
required to be licensed by the Department of Public

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Health pursuant to
the Hospital Licensing Act, approved July 1, 
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1953, as now or hereafter
amended, which provides general 
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medical and surgical hospital services
shall provide emergency 
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hospital service, in accordance with rules and
regulations 
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adopted by the Department of Public Health,
to all alleged

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sexual assault survivors who apply for such hospital emergency 
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services in
relation to injuries or trauma resulting from the 
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sexual assault.

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    In addition every such hospital, regardless of whether or 
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not a request
is made for reimbursement, except hospitals 
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participating in community
or area wide plans in compliance 
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with Section 4 of this Act, shall submit
to the Department of 
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Public Health a plan to provide
hospital emergency
services to 
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alleged sexual assault survivors which
shall be made available 
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by such hospital.
Such plan shall be submitted within 60 days 
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of receipt of the
Department's request for this plan, to the 
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Department of Public Health for approval prior to such plan 
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becoming effective.  The
Department of Public Health shall 
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approve such plan for
emergency service
to alleged sexual 
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assault survivors if it finds that the implementation of
the 
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proposed plan would provide adequate hospital emergency 
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service for
alleged sexual assault survivors and provide 
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sufficient protections from the
risk of pregnancy by sexual 
 


 






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assault survivors.

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    The Department of Public Health shall periodically
conduct 
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on site
reviews
of such approved
plans with hospital personnel 
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to insure that the established procedures
are being followed.
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    On or before January 1, 2007 and on or before January 1 
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thereafter, the Department shall submit a report to the General 
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Assembly containing information on the hospitals in this State 
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that have submitted a plan to provide hospital emergency 
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services to sexual assault survivors.  The Department shall post 
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on its Internet website the report required in this Section.

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The report shall include all of the following:
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        (1) A list of all hospitals that have submitted a plan.
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        (2) A list of hospitals whose plans have been found by 
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    the Department to be in compliance with this Act.
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        (3) Information on the Department's site reviews of 
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    hospitals that have submitted plans, including, but not 
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    limited to, information on compliance with the 
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    requirements of Sections 2.2 and 5 of this Act and 
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    information on plans of correction as outlined in Section 
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    2.1 of this Act.

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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 
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implement
such plans.  If the Department of Public Health 
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surveyor determines that
the hospital is not
in compliance with 
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its approved plan, the surveyor shall provide the
hospital with 
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a written list of the specific items of noncompliance within
2 
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weeks of the conclusion of the on site review.  The hospital 
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shall have
14 working days to submit to the Department of 
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Public Health a plan of
correction which
contains the 
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hospital's specific proposals for correcting the items of

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noncompliance.  The Department of Public Health shall review the 
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plan of
correction and
notify the hospital in writing as to 
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whether the plan is acceptable
or nonacceptable.

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    If the Department of Public Health finds the Plan of 
 


 






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Correction
nonacceptable, the
hospital shall have 7 working 
2
days to resubmit an acceptable Plan of
Correction.  Upon 
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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 
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to implement
the Plan of Correction, within the time frames 
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required in this Section,
will subject a hospital to the 
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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 $1,000

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$100.00 per day
until a hospital
complies with the requirements 
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of this Section.

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    Before imposing a fine pursuant to this Section, the 
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Department of Public
Health shall
provide the hospital via 
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certified mail with written notice and an
opportunity for an 
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administrative hearing.  Such hearing must be requested
within 
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10 working days of receipt of the Department of Public Health's 
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Notice.
All hearings
shall be conducted in accordance with the 
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Department of Public Health's rules
in
administrative 
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hearings.

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(Source: P.A. 90-587, eff. 7-1-98.)

 
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    (410 ILCS 70/8.5  new)
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    Sec. 8.5. Complaints. In addition to any other remedy at 
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law, the Department shall accept and investigate any complaint 
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of a hospital not providing services as required in Section 2.2 
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or Section 5 of this Act.  If a complaint is found to be valid 
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and a hospital is found to be in noncompliance with its plan, 
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the Department shall provide the hospital with a written list 
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of specific items of noncompliance and the hospital shall 
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submit a Plan of Correction in accordance with Section 2.1 of 
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this Act.
 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.