Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 545 - SEXUAL ASSAULT SURVIVORS EMERGENCY TREATMENT CODE › Section 545.35 - Development and Approval of Plans

Current through Register Vol. 48, No. 28, July 12, 2024
a)
Every hospital required to be licensed by the Department, pursuant to
			 the Hospital Licensing Act
or operated under the University of
			 Illinois Hospital Act that
provides general medical and surgical
			 hospital services shall provide either transfer services to all sexual assault
			 survivors, medical forensic services to all sexual assault survivors, or
			 transfer services to pediatric sexual assault survivors and medical forensic
			 services to sexual assault survivors 13 years old or older, in accordance
			 with
this Part
.
(Section 2(a) of the Act)
b)
Every hospital, regardless of
			 whether or not a request is made for reimbursement, shall submit to the
			 Department a plan to provide either transfer services to all sexual assault
			 survivors, medical forensic services to all sexual assault survivors, or
			 transfer services to pediatric sexual assault survivors and medical forensic
			 services to sexual assault survivors 13 years or older within the time frame
			 established by the Department.
(Section 2(a) of the Act)
c) The plan shall be submitted to the
			 Department for approval prior to becoming effective. The hospital or approved
			 pediatric health care facility shall submit the plan to the Department within
			 60 days after receiving the Department's request for the plan.
d) A sexual assault treatment plan, transfer
			 plan, pediatric transfer plan, approved pediatric health care facility
			 treatment plan, or out-of-state hospital treatment plan shall be completed
			 using the respective forms provided by the Department. An emergency
			 contraception protocol consistent with the sample protocols in Appendix C shall
			 be completed.
The Department will approve
a
plan for
			 either transfer services to all sexual assault survivors, medical forensic
			 services to all sexual assault survivors, or transfer services to pediatric
			 sexual assault survivors and medical forensic services to sexual assault
			 survivors 13 years old or older, if it finds that the implementation of the
			 proposed plan would provide transfer services or medical forensic services for
			 sexual assault survivors in accordance with the Act
and this Part,
and provide sufficient protections from the risk of pregnancy to sexual
			 assault survivors.
(Section 2(a) of the Act)
e) Every hospital and approved pediatric
			 health care facility shall submit an updated treatment plan, transfer plan,
			 pediatric transfer plan, approved pediatric health care facility treatment
			 plan, or out-of-state hospital treatment plan to the Department every three
			 years. A transfer or treatment plan may be part of an areawide plan pursuant to
			 Section 545.50.
1)
The Department will not approve a
			 sexual assault transfer plan unless a treatment hospital has agreed, as a part
			 of an areawide treatment plan, to accept sexual assault survivors from the
			 proposed transfer hospital and a transfer to the treatment hospital would not
			 unduly burden the sexual assault survivor
.
2)
In counties with a population of
			 less than 1,000,000, the Department will not approve a sexual assault transfer
			 plan for a hospital located within a 20-mile radius of a 4-year public
			 university, not including community colleges, unless there is a treatment
			 hospital with a sexual assault treatment plan approved by the Department within
			 a 20-mile radius of the 4-year public university.
3)
A transfer shall be in accordance
			 with federal and State laws and local ordinances.
4)
A treatment hospital with approved
			 pediatric transfer shall submit an areawide treatment plan under Section 3 of
			 the Act
and Section
			 545.50 of this Part
that
			 includes a written agreement with a treatment hospital stating that the
			 treatment hospital will provide medical forensic services to pediatric sexual
			 assault survivors transferred from the treatment hospital with approved
			 pediatric transfer. The areawide treatment plan may also include an approved
			 pediatric health care facility. The Department may approve a sexual assault
			 transfer plan for the provision of medical forensic services if:
A)
A treatment hospital with approved
			 pediatric transfer has agreed, as part of an areawide treatment plan, to accept
			 sexual assault survivors 13 years of age or older from the proposed transfer
			 hospital; and
B)
If the treatment hospital with approved pediatric transfer is
			 geographically closer to the transfer hospital than a treatment hospital or
			 another treatment hospital with approved pediatric transfer and the transfer is
			 not unduly burdensome on the sexual assault survivor.
5)
A transfer hospital
			 shall submit an areawide treatment plan under Section 3 of the Act
and
			 Section 545.50 of this Part
that
			 includes a written agreement with a treatment hospital stating that the
			 treatment hospital will provide medical forensic services to all sexual assault
			 survivors transferred from the transfer hospital. The areawide treatment plan
			 may also include an approved pediatric health care facility. The Department may
			 approve a sexual assault transfer plan for the provision of medical forensic
			 services if:
A)
A treatment
			 hospital with approved pediatric transfer has agreed, as part of an areawide
			 treatment plan, to accept sexual assault survivors 13 years of age or older
			 from the proposed transfer hospital, if the treatment hospital with approved
			 pediatric transfer is geographically closer to the transfer hospital than a
			 treatment hospital or another treatment hospital with approved pediatric
			 transfer and the transfer is not unduly burdensome on the sexual assault
			 survivor; and
B)
A
			 treatment hospital has agreed, as a part of an areawide treatment plan, to
			 accept sexual assault survivors under 13 years of age from the proposed
			 transfer hospital and transfer to the treatment hospital would not unduly
			 burden the sexual assault survivor.
(Section 2(a) of the
			 Act)