Full Text of HB5300 94th General Assembly
HB5300 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB5300
Introduced 01/25/06, by Rep. Rosemary Mulligan SYNOPSIS AS INTRODUCED: |
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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 |
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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.
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A BILL FOR
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HB5300 |
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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 | 5 |
| Treatment Act is amended by changing Sections 2 and 2.1 and by | 6 |
| 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 | 9 |
| hospital
required to be licensed by the Department of Public
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| Health pursuant to
the Hospital Licensing Act, approved July 1, | 11 |
| 1953, as now or hereafter
amended, which provides general | 12 |
| medical and surgical hospital services
shall provide emergency | 13 |
| hospital service, in accordance with rules and
regulations | 14 |
| adopted by the Department of Public Health,
to all alleged
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| sexual assault survivors who apply for such hospital emergency | 16 |
| services in
relation to injuries or trauma resulting from the | 17 |
| sexual assault.
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| In addition every such hospital, regardless of whether or | 19 |
| not a request
is made for reimbursement, except hospitals | 20 |
| participating in community
or area wide plans in compliance | 21 |
| with Section 4 of this Act, shall submit
to the Department of | 22 |
| Public Health a plan to provide
hospital emergency
services to | 23 |
| alleged sexual assault survivors which
shall be made available | 24 |
| by such hospital.
Such plan shall be submitted within 60 days | 25 |
| of receipt of the
Department's request for this plan, to the | 26 |
| Department of Public Health for approval prior to such plan | 27 |
| becoming effective. The
Department of Public Health shall | 28 |
| approve such plan for
emergency service
to alleged sexual | 29 |
| assault survivors if it finds that the implementation of
the | 30 |
| proposed plan would provide adequate hospital emergency | 31 |
| service for
alleged sexual assault survivors and provide | 32 |
| sufficient protections from the
risk of pregnancy by sexual |
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HB5300 |
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LRB094 16479 LJB 54861 b |
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| assault survivors.
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| The Department of Public Health shall periodically
conduct | 3 |
| on site
reviews
of such approved
plans with hospital personnel | 4 |
| to insure that the established procedures
are being followed. | 5 |
| On or before January 1, 2007 and on or before January 1 | 6 |
| thereafter, the Department shall submit a report to the General | 7 |
| Assembly containing information on the hospitals in this State | 8 |
| that have submitted a plan to provide hospital emergency | 9 |
| services to sexual assault survivors. The Department shall post | 10 |
| on its Internet website the report required in this Section.
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| The report shall include all of the following: | 12 |
| (1) A list of all hospitals that have submitted a plan. | 13 |
| (2) A list of hospitals whose plans have been found by | 14 |
| the Department to be in compliance with this Act. | 15 |
| (3) Information on the Department's site reviews of | 16 |
| hospitals that have submitted plans, including, but not | 17 |
| limited to, information on compliance with the | 18 |
| requirements of Sections 2.2 and 5 of this Act and | 19 |
| information on plans of correction as outlined in Section | 20 |
| 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 | 24 |
| implement
such plans. If the Department of Public Health | 25 |
| surveyor determines that
the hospital is not
in compliance with | 26 |
| its approved plan, the surveyor shall provide the
hospital with | 27 |
| a written list of the specific items of noncompliance within
2 | 28 |
| weeks of the conclusion of the on site review. The hospital | 29 |
| shall have
14 working days to submit to the Department of | 30 |
| Public Health a plan of
correction which
contains the | 31 |
| hospital's specific proposals for correcting the items of
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| noncompliance. The Department of Public Health shall review the | 33 |
| plan of
correction and
notify the hospital in writing as to | 34 |
| 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 | 3 |
| 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 | 6 |
| to implement
the Plan of Correction, within the time frames | 7 |
| required in this Section,
will subject a hospital to the | 8 |
| 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 | 11 |
| of this Section.
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| Before imposing a fine pursuant to this Section, the | 13 |
| Department of Public
Health shall
provide the hospital via | 14 |
| certified mail with written notice and an
opportunity for an | 15 |
| administrative hearing. Such hearing must be requested
within | 16 |
| 10 working days of receipt of the Department of Public Health's | 17 |
| Notice.
All hearings
shall be conducted in accordance with the | 18 |
| Department of Public Health's rules
in
administrative | 19 |
| hearings.
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| (Source: P.A. 90-587, eff. 7-1-98.)
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| (410 ILCS 70/8.5 new) | 22 |
| Sec. 8.5. Complaints. In addition to any other remedy at | 23 |
| law, the Department shall accept and investigate any complaint | 24 |
| of a hospital not providing services as required in Section 2.2 | 25 |
| or Section 5 of this Act. If a complaint is found to be valid | 26 |
| and a hospital is found to be in noncompliance with its plan, | 27 |
| the Department shall provide the hospital with a written list | 28 |
| of specific items of noncompliance and the hospital shall | 29 |
| submit a Plan of Correction in accordance with Section 2.1 of | 30 |
| this Act.
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| Section 99. Effective date. This Act takes effect upon | 32 |
| becoming law.
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