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Rep. Rosemary Mulligan
Filed: 2/22/2006
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09400HB5300ham001 |
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LRB094 16479 LJB 56338 a |
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| AMENDMENT TO HOUSE BILL 5300
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| AMENDMENT NO. ______. Amend House Bill 5300 by replacing |
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| everything after the enacting clause with the following:
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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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09400HB5300ham001 |
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LRB094 16479 LJB 56338 a |
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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 January 1, 2007 and each January 1 thereafter, the |
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| Department shall submit a report to the General Assembly |
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| containing information on the hospitals in this State that have |
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| submitted a plan to provide hospital emergency services to |
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| sexual assault survivors. The Department shall post on its |
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| Internet website the report required in this Section. The |
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| 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) A list of hospitals that have failed to submit an |
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| acceptable Plan of Correction within the time required by |
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| Section 2.1 of this Act. |
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| (4) A list of hospitals at which the periodic site |
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| review required by this Act has been conducted.
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| When a hospital listed as noncompliant under item (3) of this |
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| Section submits and implements the required Plan of Correction, |
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| the Department shall immediately update the report on its |
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| 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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09400HB5300ham001 |
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LRB094 16479 LJB 56338 a |
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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 |
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| 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 $500
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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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