§545.35. Development and Approval of Plans  


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  • 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.  (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 until January 1, 2022 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 until January 1, 2022 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)

     

    f)         To provide medical forensic services to sexual assault survivors, a hospital or an approved pediatric health care facility shall have a plan that has been approved by the Department.

     

    g)         If the Department disapproves the plan because the plan does not provide adequate medical forensic services for the sexual assault survivor, the Department shall send notice of the rejection and the reason for the rejection to the hospital or pediatric health care facility.  The hospital or pediatric health care facility shall have 10 days after receipt of the notice of rejection in which to submit a modified plan.

     

    h)         Each treatment hospital, treatment hospital with approved pediatric transfer, and approved pediatric health care facility shall enter into a memorandum of understanding with a rape crisis center for medical advocacy services, if these services are available to the treatment hospital, treatment hospital with approved pediatric transfer, or approved pediatric health care facility. With the consent of the sexual assault survivor, a rape crisis counselor shall remain in the exam room during the collection for forensic evidence.  (Section 2(c) of the Act)

     

    i)          Every treatment hospital, treatment hospital with approved pediatric transfer, and approved pediatric health care facility's sexual assault treatment plan shall include procedures for complying with mandatory reporting requirements pursuant to the:

     

    1)         Abused and Neglected Child Reporting Act;

     

    2)         Abused and Neglected Long Term Care Facility Residents Reporting Act;

     

    3)         Adult Protective Services Act; and

     

    4)         Criminal Identification Act.  (Section 2(d) of the Act)

     

    j)          Questions regarding a hospital's or approved pediatric health care facility's compliance with its approved plan and this Part should be directed to:

     

    Illinois Department of Public Health

    Division of Health Care Facilities and Programs

    525 West Jefferson St., 4th Floor

    Springfield, Illinois 62761

    (217) 782-7412

     

(Source:  Amended at 44 Ill. Reg. 6326, effective April 10, 2020)