Full Text of HB0582 103rd General Assembly
HB0582ham001 103RD GENERAL ASSEMBLY | Rep. Kelly M. Cassidy Filed: 5/15/2024 | | 10300HB0582ham001 | | LRB103 04167 LNS 73481 a |
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| 1 | | AMENDMENT TO HOUSE BILL 582
| 2 | | AMENDMENT NO. ______. Amend House Bill 582 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Sexual Assault Survivors Emergency | 5 | | Treatment Act is amended by changing Sections 1a, 2, and 2.1 as | 6 | | follows: | 7 | | (410 ILCS 70/1a) (from Ch. 111 1/2, par. 87-1a) | 8 | | Sec. 1a. Definitions. | 9 | | (a) In this Act: | 10 | | "Advanced practice registered nurse" has the meaning | 11 | | provided in Section 50-10 of the Nurse Practice Act. | 12 | | "Ambulance provider" means an individual or entity that | 13 | | owns and operates a business or service using ambulances or | 14 | | emergency medical services vehicles to transport emergency | 15 | | patients. | 16 | | "Approved pediatric health care facility" means a health |
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| 1 | | care facility, other than a hospital, with a sexual assault | 2 | | treatment plan approved by the Department to provide medical | 3 | | forensic services to sexual assault survivors under the age of | 4 | | 18 who present with a complaint of sexual assault within a | 5 | | minimum of the last 7 days or who have disclosed past sexual | 6 | | assault by a specific individual and were in the care of that | 7 | | individual within a minimum of the last 7 days. | 8 | | "Areawide sexual assault treatment plan" means a plan, | 9 | | developed by hospitals or by hospitals and approved pediatric | 10 | | health care facilities in a community or area to be served, | 11 | | which provides for medical forensic services to sexual assault | 12 | | survivors that shall be made available by each of the | 13 | | participating hospitals and approved pediatric health care | 14 | | facilities. | 15 | | "Board-certified child abuse pediatrician" means a | 16 | | physician certified by the American Board of Pediatrics in | 17 | | child abuse pediatrics. | 18 | | "Board-eligible child abuse pediatrician" means a | 19 | | physician who has completed the requirements set forth by the | 20 | | American Board of Pediatrics to take the examination for | 21 | | certification in child abuse pediatrics. | 22 | | "Department" means the Department of Public Health. | 23 | | "Emergency contraception" means medication as approved by | 24 | | the federal Food and Drug Administration (FDA) that can | 25 | | significantly reduce the risk of pregnancy if taken within 72 | 26 | | hours after sexual assault. |
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| 1 | | "Follow-up healthcare" means healthcare services related | 2 | | to a sexual assault, including laboratory services and | 3 | | pharmacy services, rendered within 180 days of the initial | 4 | | visit for medical forensic services. | 5 | | "Health care professional" means a physician, a physician | 6 | | assistant, a sexual assault forensic examiner, an advanced | 7 | | practice registered nurse, a registered professional nurse, a | 8 | | licensed practical nurse, or a sexual assault nurse examiner. | 9 | | "Hospital" means a hospital licensed under the Hospital | 10 | | Licensing Act or operated under the University of Illinois | 11 | | Hospital Act, any outpatient center included in the hospital's | 12 | | sexual assault treatment plan where hospital employees provide | 13 | | medical forensic services, and an out-of-state hospital that | 14 | | has consented to the jurisdiction of the Department under | 15 | | Section 2.06. | 16 | | "Illinois State Police Sexual Assault Evidence Collection | 17 | | Kit" means a prepackaged set of materials and forms to be used | 18 | | for the collection of evidence relating to sexual assault. The | 19 | | standardized evidence collection kit for the State of Illinois | 20 | | shall be the Illinois State Police Sexual Assault Evidence | 21 | | Collection Kit. | 22 | | "Law enforcement agency having jurisdiction" means the law | 23 | | enforcement agency in the jurisdiction where an alleged sexual | 24 | | assault or sexual abuse occurred. | 25 | | "Licensed practical nurse" has the meaning provided in | 26 | | Section 50-10 of the Nurse Practice Act. |
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| 1 | | "Medical forensic services" means health care delivered to | 2 | | patients within or under the care and supervision of personnel | 3 | | working in a designated emergency department of a hospital or | 4 | | an approved pediatric health care facility. "Medical forensic | 5 | | services" includes, but is not limited to, taking a medical | 6 | | history, performing photo documentation, performing a physical | 7 | | and anogenital examination, assessing the patient for evidence | 8 | | collection, collecting evidence in accordance with a statewide | 9 | | sexual assault evidence collection program administered by the | 10 | | Illinois State Police using the Illinois State Police Sexual | 11 | | Assault Evidence Collection Kit, if appropriate, assessing the | 12 | | patient for drug-facilitated or alcohol-facilitated sexual | 13 | | assault, providing an evaluation of and care for sexually | 14 | | transmitted infection and human immunodeficiency virus (HIV), | 15 | | pregnancy risk evaluation and care, and discharge and | 16 | | follow-up healthcare planning. | 17 | | "Pediatric health care facility" means a clinic or | 18 | | physician's office that provides medical services to patients | 19 | | under the age of 18. | 20 | | "Pediatric sexual assault survivor" means a person under | 21 | | the age of 13 who presents for medical forensic services in | 22 | | relation to injuries or trauma resulting from a sexual | 23 | | assault. | 24 | | "Photo documentation" means digital photographs or | 25 | | colposcope videos stored and backed up securely in the | 26 | | original file format. |
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| 1 | | "Physician" means a person licensed to practice medicine | 2 | | in all its branches. | 3 | | "Physician assistant" has the meaning provided in Section | 4 | | 4 of the Physician Assistant Practice Act of 1987. | 5 | | "Prepubescent sexual assault survivor" means a female who | 6 | | is under the age of 18 years and has not had a first menstrual | 7 | | cycle or a male who is under the age of 18 years and has not | 8 | | started to develop secondary sex characteristics who presents | 9 | | for medical forensic services in relation to injuries or | 10 | | trauma resulting from a sexual assault. | 11 | | "Qualified medical provider" means a board-certified child | 12 | | abuse pediatrician, board-eligible child abuse pediatrician, a | 13 | | sexual assault forensic examiner, or a sexual assault nurse | 14 | | examiner who has access to photo documentation tools, and who | 15 | | participates in peer review. | 16 | | "Registered Professional Nurse" has the meaning provided | 17 | | in Section 50-10 of the Nurse Practice Act. | 18 | | "Sexual assault" means: | 19 | | (1) an act of sexual conduct; as used in this | 20 | | paragraph, "sexual conduct" has the meaning provided under | 21 | | Section 11-0.1 of the Criminal Code of 2012; or | 22 | | (2) any act of sexual penetration; as used in this | 23 | | paragraph, "sexual penetration" has the meaning provided | 24 | | under Section 11-0.1 of the Criminal Code of 2012 and | 25 | | includes, without limitation, acts prohibited under | 26 | | Sections 11-1.20 through 11-1.60 of the Criminal Code of |
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| 1 | | 2012. | 2 | | "Sexual assault forensic examiner" means a physician or | 3 | | physician assistant who has completed training that meets or | 4 | | is substantially similar to the Sexual Assault Nurse Examiner | 5 | | Education Guidelines established by the International | 6 | | Association of Forensic Nurses. | 7 | | "Sexual assault nurse examiner" means an advanced practice | 8 | | registered nurse or registered professional nurse who has | 9 | | completed a sexual assault nurse examiner training program | 10 | | that meets the Sexual Assault Nurse Examiner Education | 11 | | Guidelines established by the International Association of | 12 | | Forensic Nurses. | 13 | | "Sexual assault services voucher" means a document | 14 | | generated by a hospital or approved pediatric health care | 15 | | facility at the time the sexual assault survivor receives | 16 | | outpatient medical forensic services that may be used to seek | 17 | | payment for any ambulance services, medical forensic services, | 18 | | laboratory services, pharmacy services, and follow-up | 19 | | healthcare provided as a result of the sexual assault. | 20 | | "Sexual assault survivor" means a person who presents for | 21 | | medical forensic services in relation to injuries or trauma | 22 | | resulting from a sexual assault. | 23 | | "Sexual assault transfer plan" means a written plan | 24 | | developed by a hospital and approved by the Department, which | 25 | | describes the hospital's procedures for transferring sexual | 26 | | assault survivors to another hospital, and an approved |
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| 1 | | pediatric health care facility, if applicable, in order to | 2 | | receive medical forensic services. | 3 | | "Sexual assault treatment plan" means a written plan that | 4 | | describes the procedures and protocols for providing medical | 5 | | forensic services to sexual assault survivors who present | 6 | | themselves for such services, either directly or through | 7 | | transfer from a hospital or an approved pediatric health care | 8 | | facility. | 9 | | "Transfer hospital" means a hospital with a sexual assault | 10 | | transfer plan approved by the Department. | 11 | | "Transfer services" means the appropriate medical | 12 | | screening examination and necessary stabilizing treatment | 13 | | prior to the transfer of a sexual assault survivor to a | 14 | | hospital or an approved pediatric health care facility that | 15 | | provides medical forensic services to sexual assault survivors | 16 | | pursuant to a sexual assault treatment plan or areawide sexual | 17 | | assault treatment plan. | 18 | | "Treatment hospital" means a hospital with a sexual | 19 | | assault treatment plan approved by the Department to provide | 20 | | medical forensic services to all sexual assault survivors who | 21 | | present with a complaint of sexual assault within a minimum of | 22 | | the last 7 days or who have disclosed past sexual assault by a | 23 | | specific individual and were in the care of that individual | 24 | | within a minimum of the last 7 days. | 25 | | "Treatment hospital with approved pediatric transfer" | 26 | | means a hospital with a treatment plan approved by the |
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| 1 | | Department to provide medical forensic services to sexual | 2 | | assault survivors 13 years old or older who present with a | 3 | | complaint of sexual assault within a minimum of the last 7 days | 4 | | or who have disclosed past sexual assault by a specific | 5 | | individual and were in the care of that individual within a | 6 | | minimum of the last 7 days. | 7 | | "Unduly burdensome" means a set of factors that create | 8 | | significant hardship on a patient who must be transferred to | 9 | | another hospital for treatment under this Act. | 10 | | (b) This Section is effective on and after January 1, | 11 | | 2024. | 12 | | (Source: P.A. 102-22, eff. 6-25-21; 102-538, eff. 8-20-21; | 13 | | 102-674, eff. 11-30-21; 102-813, eff. 5-13-22; 102-1097, eff. | 14 | | 1-1-23; 102-1106, eff. 1-1-23; 103-154, eff. 6-30-23.) | 15 | | (410 ILCS 70/2) (from Ch. 111 1/2, par. 87-2) | 16 | | Sec. 2. Hospital and approved pediatric health care | 17 | | facility requirements for sexual assault plans. | 18 | | (a) Every hospital required to be licensed by the | 19 | | Department pursuant to the Hospital Licensing Act, or operated | 20 | | under the University of Illinois Hospital Act that provides | 21 | | general medical and surgical hospital services shall provide | 22 | | either (i) transfer services to all sexual assault survivors, | 23 | | (ii) medical forensic services to all sexual assault | 24 | | survivors, or (iii) transfer services to pediatric sexual | 25 | | assault survivors and medical forensic services to sexual |
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| 1 | | assault survivors 13 years old or older, in accordance with | 2 | | rules adopted by the Department. | 3 | | In addition, every such hospital, regardless of whether or | 4 | | not a request is made for reimbursement, shall submit to the | 5 | | Department a plan to provide either (i) transfer services to | 6 | | all sexual assault survivors, (ii) medical forensic services | 7 | | to all sexual assault survivors, or (iii) transfer services to | 8 | | pediatric sexual assault survivors and medical forensic | 9 | | services to sexual assault survivors 13 years old or older | 10 | | within the time frame established by the Department. The | 11 | | Department shall approve such plan for either (i) transfer | 12 | | services to all sexual assault survivors, (ii) medical | 13 | | forensic services to all sexual assault survivors, or (iii) | 14 | | transfer services to pediatric sexual assault survivors and | 15 | | medical forensic services to sexual assault survivors 13 years | 16 | | old or older, if it finds that the implementation of the | 17 | | proposed plan would provide (i) transfer services or (ii) | 18 | | medical forensic services for sexual assault survivors in | 19 | | accordance with the requirements of this Act and provide | 20 | | sufficient protections from the risk of pregnancy to sexual | 21 | | assault survivors. Notwithstanding anything to the contrary in | 22 | | this paragraph, the Department may approve a sexual assault | 23 | | transfer plan for the provision of medical forensic services | 24 | | if: | 25 | | (1) a treatment hospital with approved pediatric | 26 | | transfer has agreed, as part of an areawide treatment |
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| 1 | | plan, to accept sexual assault survivors 13 years of age | 2 | | or older from the proposed transfer hospital, if the | 3 | | treatment hospital with approved pediatric transfer is | 4 | | geographically closer to the transfer hospital than a | 5 | | treatment hospital or another treatment hospital with | 6 | | approved pediatric transfer and such transfer is not | 7 | | unduly burdensome on the sexual assault survivor; and | 8 | | (2) a treatment hospital has agreed, as a part of an | 9 | | areawide treatment plan, to accept sexual assault | 10 | | survivors under 13 years of age from the proposed transfer | 11 | | hospital and transfer to the treatment hospital would not | 12 | | unduly burden the sexual assault survivor. | 13 | | In determining whether a sexual assault transfer plan is | 14 | | unduly burdensome under this subsection, the Department shall | 15 | | consider the following factors: | 16 | | (1) whether the travel distance to the transfer | 17 | | hospital exceeds 60 miles for rural Critical Access | 18 | | Hospitals and 40 miles for all other rural hospitals; | 19 | | (2) the actual number of full-time equivalent staff | 20 | | that are certified Sexual Assault Nurse Examiners; | 21 | | (3) the number of patients who have presented to the | 22 | | hospital emergency department with a presentation of | 23 | | sexual assault within the previous 2 years; | 24 | | (4) the age group ranges of patients (under age 13, | 25 | | age 13 to 18, and age 18 and older) who presented for | 26 | | treatment of sexual assault within the previous 2 years; |
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| 1 | | (5) the average daily, monthly, and annual number of | 2 | | patients who presented and received emergency treatment in | 3 | | the hospital's emergency department; | 4 | | (6) the number of hospitals within a 60-mile radius in | 5 | | which the hospital had considered an areawide transfer | 6 | | agreement; and | 7 | | (7) the existence of any areawide transfer agreements | 8 | | or other arrangements to accommodate patients presenting | 9 | | with sexual assault. | 10 | | The Department may not approve a sexual assault transfer | 11 | | plan unless a treatment hospital has agreed, as a part of an | 12 | | areawide treatment plan, to accept sexual assault survivors | 13 | | from the proposed transfer hospital and a transfer to the | 14 | | treatment hospital would not unduly burden the sexual assault | 15 | | survivor. | 16 | | In counties with a population of less than 1,000,000, the | 17 | | Department may not approve a sexual assault transfer plan for | 18 | | a hospital located within a 20-mile radius of a 4-year public | 19 | | university, not including community colleges, unless there is | 20 | | a treatment hospital with a sexual assault treatment plan | 21 | | approved by the Department within a 20-mile radius of the | 22 | | 4-year public university. | 23 | | A transfer must be in accordance with federal and State | 24 | | laws and local ordinances. | 25 | | A treatment hospital with approved pediatric transfer must | 26 | | submit an areawide treatment plan under Section 3 of this Act |
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| 1 | | that includes a written agreement with a treatment hospital | 2 | | stating that the treatment hospital will provide medical | 3 | | forensic services to pediatric sexual assault survivors | 4 | | transferred from the treatment hospital with approved | 5 | | pediatric transfer. The areawide treatment plan may also | 6 | | include an approved pediatric health care facility. | 7 | | A transfer hospital must submit an areawide treatment plan | 8 | | under Section 3 of this Act that includes a written agreement | 9 | | with a treatment hospital stating that the treatment hospital | 10 | | will provide medical forensic services to all sexual assault | 11 | | survivors transferred from the transfer hospital. The areawide | 12 | | treatment plan may also include an approved pediatric health | 13 | | care facility. Notwithstanding anything to the contrary in | 14 | | this paragraph, the areawide treatment plan may include a | 15 | | written agreement with a treatment hospital with approved | 16 | | pediatric transfer that is geographically closer than other | 17 | | hospitals providing medical forensic services to sexual | 18 | | assault survivors 13 years of age or older stating that the | 19 | | treatment hospital with approved pediatric transfer will | 20 | | provide medical services to sexual assault survivors 13 years | 21 | | of age or older who are transferred from the transfer | 22 | | hospital. If the areawide treatment plan includes a written | 23 | | agreement with a treatment hospital with approved pediatric | 24 | | transfer, it must also include a written agreement with a | 25 | | treatment hospital stating that the treatment hospital will | 26 | | provide medical forensic services to sexual assault survivors |
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| 1 | | under 13 years of age who are transferred from the transfer | 2 | | hospital. | 3 | | Beginning January 1, 2019, each treatment hospital and | 4 | | treatment hospital with approved pediatric transfer shall | 5 | | ensure that emergency department attending physicians, | 6 | | physician assistants, advanced practice registered nurses, and | 7 | | registered professional nurses providing clinical services, | 8 | | who do not meet the definition of a qualified medical provider | 9 | | in Section 1a of this Act, receive a minimum of 2 hours of | 10 | | sexual assault training by July 1, 2020 or until the treatment | 11 | | hospital or treatment hospital with approved pediatric | 12 | | transfer certifies to the Department, in a form and manner | 13 | | prescribed by the Department, that it employs or contracts | 14 | | with a qualified medical provider in accordance with | 15 | | subsection (a-7) of Section 5, whichever occurs first. | 16 | | After July 1, 2020 or once a treatment hospital or a | 17 | | treatment hospital with approved pediatric transfer certifies | 18 | | compliance with subsection (a-7) of Section 5, whichever | 19 | | occurs first, each treatment hospital and treatment hospital | 20 | | with approved pediatric transfer shall ensure that emergency | 21 | | department attending physicians, physician assistants, | 22 | | advanced practice registered nurses, and registered | 23 | | professional nurses providing clinical services, who do not | 24 | | meet the definition of a qualified medical provider in Section | 25 | | 1a of this Act, receive a minimum of 2 hours of continuing | 26 | | education on responding to sexual assault survivors every 2 |
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| 1 | | years. Protocols for training shall be included in the | 2 | | hospital's sexual assault treatment plan. | 3 | | Sexual assault training provided under this subsection may | 4 | | be provided in person or online and shall include, but not be | 5 | | limited to: | 6 | | (1) information provided on the provision of medical | 7 | | forensic services; | 8 | | (2) information on the use of the Illinois Sexual | 9 | | Assault Evidence Collection Kit; | 10 | | (3) information on sexual assault epidemiology, | 11 | | neurobiology of trauma, drug-facilitated sexual assault, | 12 | | child sexual abuse, and Illinois sexual assault-related | 13 | | laws; and | 14 | | (4) information on the hospital's sexual | 15 | | assault-related policies and procedures. | 16 | | The online training made available by the Office of the | 17 | | Attorney General under subsection (b) of Section 10 may be | 18 | | used to comply with this subsection. | 19 | | (a-5) A hospital must submit a plan to provide either (i) | 20 | | transfer services to all sexual assault survivors, (ii) | 21 | | medical forensic services to all sexual assault survivors, or | 22 | | (iii) transfer services to pediatric sexual assault survivors | 23 | | and medical forensic services to sexual assault survivors 13 | 24 | | years old or older as required in subsection (a) of this | 25 | | Section within 60 days of the Department's request. Failure to | 26 | | submit a plan as described in this subsection shall subject a |
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| 1 | | hospital to the imposition of a fine by the Department. The | 2 | | Department may impose a fine of up to $500 for submissions up | 3 | | to 7 days late and $2,500 for submissions 8 or more days late | 4 | | per day until the hospital submits a plan as described in this | 5 | | subsection . | 6 | | (a-10) Upon receipt of a plan as described in subsection | 7 | | (a-5), the Department shall notify the hospital whether or not | 8 | | the plan is acceptable. If the Department determines that the | 9 | | plan is unacceptable, the hospital must submit a modified plan | 10 | | within 10 days of service of the notification. If the | 11 | | Department determines that the modified plan is unacceptable, | 12 | | or if the hospital fails to submit a modified plan within 10 | 13 | | days, the Department may impose a fine of up to $500 for | 14 | | submission up to 7 days late or an unacceptable plan and $2,500 | 15 | | for submission 8 or more days late per day until an acceptable | 16 | | plan has been submitted, as determined by the Department . | 17 | | (b) An approved pediatric health care facility may provide | 18 | | medical forensic services, in accordance with rules adopted by | 19 | | the Department, to all sexual assault survivors under the age | 20 | | of 18 who present for medical forensic services in relation to | 21 | | injuries or trauma resulting from a sexual assault. These | 22 | | services shall be provided by a qualified medical provider. | 23 | | A pediatric health care facility must participate in or | 24 | | submit an areawide treatment plan under Section 3 of this Act | 25 | | that includes a treatment hospital. If a pediatric health care | 26 | | facility does not provide certain medical or surgical services |
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| 1 | | that are provided by hospitals, the areawide sexual assault | 2 | | treatment plan must include a procedure for ensuring a sexual | 3 | | assault survivor in need of such medical or surgical services | 4 | | receives the services at the treatment hospital. The areawide | 5 | | treatment plan may also include a treatment hospital with | 6 | | approved pediatric transfer. | 7 | | The Department shall review a proposed sexual assault | 8 | | treatment plan submitted by a pediatric health care facility | 9 | | within 60 days after receipt of the plan. If the Department | 10 | | finds that the proposed plan meets the minimum requirements | 11 | | set forth in Section 5 of this Act and that implementation of | 12 | | the proposed plan would provide medical forensic services for | 13 | | sexual assault survivors under the age of 18, then the | 14 | | Department shall approve the plan. If the Department does not | 15 | | approve a plan, then the Department shall notify the pediatric | 16 | | health care facility that the proposed plan has not been | 17 | | approved. The pediatric health care facility shall have 30 | 18 | | days to submit a revised plan. The Department shall review the | 19 | | revised plan within 30 days after receipt of the plan and | 20 | | notify the pediatric health care facility whether the revised | 21 | | plan is approved or rejected. A pediatric health care facility | 22 | | may not provide medical forensic services to sexual assault | 23 | | survivors under the age of 18 who present with a complaint of | 24 | | sexual assault within a minimum of the last 7 days or who have | 25 | | disclosed past sexual assault by a specific individual and | 26 | | were in the care of that individual within a minimum of the |
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| 1 | | last 7 days until the Department has approved a treatment | 2 | | plan. | 3 | | If an approved pediatric health care facility is not open | 4 | | 24 hours a day, 7 days a week, it shall post signage at each | 5 | | public entrance to its facility that: | 6 | | (1) is at least 14 inches by 14 inches in size; | 7 | | (2) directs those seeking services as follows: "If | 8 | | closed, call 911 for services or go to the closest | 9 | | hospital emergency department, (insert name) located at | 10 | | (insert address)."; | 11 | | (3) lists the approved pediatric health care | 12 | | facility's hours of operation; | 13 | | (4) lists the street address of the building; | 14 | | (5) has a black background with white bold capital | 15 | | lettering in a clear and easy to read font that is at least | 16 | | 72-point type, and with "call 911" in at least 125-point | 17 | | type; | 18 | | (6) is posted clearly and conspicuously on or adjacent | 19 | | to the door at each entrance and, if building materials | 20 | | allow, is posted internally for viewing through glass; if | 21 | | posted externally, the sign shall be made of | 22 | | weather-resistant and theft-resistant materials, | 23 | | non-removable, and adhered permanently to the building; | 24 | | and | 25 | | (7) has lighting that is part of the sign itself or is | 26 | | lit with a dedicated light that fully illuminates the |
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| 1 | | sign. | 2 | | A copy of the proposed sign must be submitted to the | 3 | | Department and approved as part of the approved pediatric | 4 | | health care facility's sexual assault treatment plan. | 5 | | (c) Each treatment hospital, treatment hospital with | 6 | | approved pediatric transfer, and approved pediatric health | 7 | | care facility must enter into a memorandum of understanding | 8 | | with a rape crisis center for medical advocacy services, if | 9 | | these services are available to the treatment hospital, | 10 | | treatment hospital with approved pediatric transfer, or | 11 | | approved pediatric health care facility. With the consent of | 12 | | the sexual assault survivor, a rape crisis counselor shall | 13 | | remain in the exam room during the collection for forensic | 14 | | evidence. | 15 | | (d) Every treatment hospital, treatment hospital with | 16 | | approved pediatric transfer, and approved pediatric health | 17 | | care facility's sexual assault treatment plan shall include | 18 | | procedures for complying with mandatory reporting requirements | 19 | | pursuant to (1) the Abused and Neglected Child Reporting Act; | 20 | | (2) the Abused and Neglected Long Term Care Facility Residents | 21 | | Reporting Act; (3) the Adult Protective Services Act; and (iv) | 22 | | the Criminal Identification Act. | 23 | | (e) Each treatment hospital, treatment hospital with | 24 | | approved pediatric transfer, and approved pediatric health | 25 | | care facility shall submit to the Department every 6 months, | 26 | | in a manner prescribed by the Department, the following |
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| 1 | | information: | 2 | | (1) The total number of patients who presented with a | 3 | | complaint of sexual assault. | 4 | | (2) The total number of Illinois Sexual Assault | 5 | | Evidence Collection Kits: | 6 | | (A) offered to (i) all sexual assault survivors | 7 | | and (ii) pediatric sexual assault survivors pursuant | 8 | | to paragraph (1.5) of subsection (a-5) of Section 5; | 9 | | (B) completed for (i) all sexual assault survivors | 10 | | and (ii) pediatric sexual assault survivors; and | 11 | | (C) declined by (i) all sexual assault survivors | 12 | | and (ii) pediatric sexual assault survivors. | 13 | | This information shall be made available on the | 14 | | Department's website. | 15 | | (f) This Section is effective on and after January 1, | 16 | | 2024. | 17 | | (Source: P.A. 101-73, eff. 7-12-19; 101-634, eff. 6-5-20; | 18 | | 102-22, eff. 6-25-21; 102-674, eff. 11-30-21; 102-1106, eff. | 19 | | 1-1-23.) | 20 | | (410 ILCS 70/2.1) (from Ch. 111 1/2, par. 87-2.1) | 21 | | Sec. 2.1. Plan of correction; penalties. | 22 | | (a) If the Department surveyor determines that the | 23 | | hospital or approved pediatric health care facility is not in | 24 | | compliance with its approved plan and rules adopted under this | 25 | | Act , the surveyor shall provide the hospital or approved |
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| 1 | | pediatric health care facility with a written warning of | 2 | | violation and a statement of deficiencies listing the list of | 3 | | the specific items of noncompliance within 10 working days | 4 | | after the conclusion of the on-site review. The hospital shall | 5 | | have 10 working days to submit to the Department a plan of | 6 | | correction which contains the hospital's or approved pediatric | 7 | | health care facility's specific proposals for correcting the | 8 | | items of noncompliance. The Department shall review the plan | 9 | | of correction and notify the hospital in writing within 10 | 10 | | working days as to whether the plan is acceptable or | 11 | | unacceptable. | 12 | | If the Department finds the Plan of Correction | 13 | | unacceptable, the hospital or approved pediatric health care | 14 | | facility shall have 10 working days to resubmit an acceptable | 15 | | Plan of Correction. Upon notification that its Plan of | 16 | | Correction is acceptable, a hospital or approved pediatric | 17 | | health care facility shall implement the Plan of Correction | 18 | | within 60 days. | 19 | | (b) The failure of a hospital to submit an acceptable Plan | 20 | | of Correction or to implement the Plan of Correction, within | 21 | | the time frames required in this Section, will subject a | 22 | | hospital to the imposition of a $500 fine by the Department. | 23 | | The Department may impose a fine of up to $500 per day until a | 24 | | hospital complies with the requirements of this Section. If a | 25 | | hospital submits 2 Plans of Correction that are found to not be | 26 | | acceptable by the Department, the hospital shall become |
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| 1 | | subject to the imposition of a $2,500 fine by the Department. | 2 | | If an approved pediatric health care facility fails to | 3 | | submit an acceptable Plan of Correction or to implement the | 4 | | Plan of Correction within the time frames required in this | 5 | | Section, then the Department shall notify the approved | 6 | | pediatric health care facility that the approved pediatric | 7 | | health care facility may not provide medical forensic services | 8 | | under this Act. The Department may impose a fine of up to $500 | 9 | | per patient provided services in violation of this Act. If an | 10 | | approved pediatric facility submits 2 Plans of Correction that | 11 | | are found to not be acceptable by the Department, the approved | 12 | | pediatric health care facility shall become subject to the | 13 | | imposition of a fine by the Department and the termination of | 14 | | its approved sexual assault treatment plan. | 15 | | (c) Before imposing a fine pursuant to this Section, the | 16 | | Department shall provide the hospital or approved pediatric | 17 | | health care facility via certified mail with written notice | 18 | | and an opportunity for an administrative hearing. Such hearing | 19 | | must be requested within 10 working days after receipt of the | 20 | | Department's Notice. All hearings shall be conducted in | 21 | | accordance with the Department's rules in administrative | 22 | | hearings. | 23 | | (c-5) The Department shall find a hospital in violation of | 24 | | this subsection if, after the issuance of a written warning to | 25 | | the hospital as described in subsection (a), the Department's | 26 | | investigation finds that the hospital committed one or more of |
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| 1 | | the following violations: | 2 | | (1) allowing a nonqualified medical provider to | 3 | | perform and complete the medical forensic service | 4 | | examination; | 5 | | (2) refusing to offer a medical forensic service | 6 | | examination to the sexual assault survivor; | 7 | | (3) failing to provide medical management for sexually | 8 | | transmitted infections, medical management for HIV, and | 9 | | emergency contraception; or | 10 | | (4) failing to offer photographic evidence, failing to | 11 | | secure photographic evidence, or releasing photographic | 12 | | evidence without a court order. | 13 | | The Department shall impose a fine of $3,000 for an | 14 | | initial violation of this subsection and a fine of $5,000 for | 15 | | each subsequent violation. | 16 | | (d) This Section is effective on and after January 1, | 17 | | 2024. | 18 | | (Source: P.A. 101-81, eff. 7-12-19; 101-634, eff. 6-5-20; | 19 | | 102-22, eff. 6-25-21; 102-674, eff. 11-30-21; 102-1106, eff. | 20 | | 1-1-23.)". |
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