Section 545.35  Development and Approval of Plans

a)         Every hospital required to be licensed by the Department, pursuant to the Hospital Licensing Act that provides general medical and surgical hospital services shall provide either transfer services or hospital emergency services and forensic services, in accordance with this Part, to all sexual assault survivors who apply for either transfer services or hospital emergency services and forensic services in relation to injuries or trauma resulting from the sexual assault.  (Section 2 of the Act)

b)         Every such hospital, regardless of whether or not a request is made for reimbursement, shall submit to the Department a plan to provide either transfer services or hospital emergency services and forensic services to sexual assault survivors.  (Section 2 of the Act)

c)         Such plan shall be submitted to the Department for approval prior to becoming effective.  The hospital shall submit the plan to the Department within 60 days after receiving the Department's request for the plan.  (Section 2 of the Act)

d)         A sexual assault treatment plan shall be completed using the form provided in Appendix A of this Part.  A sexual assault transfer plan shall be completed using the form provided in Appendix B of this Part.  An emergency contraception protocol consistent with the sample protocols in Appendix C shall be completed.  The Department shall approve a plan for either transfer services or hospital emergency services and forensic services to sexual assault survivors if it finds that the implementation of the proposed plan would provide adequate transfer services or hospital emergency services and forensic services for sexual assault survivors and provide sufficient protections from the risk of pregnancy to sexual assault survivors. (Section 2 of the Act)

e)         Every hospital shall submit an updated treatment, transfer, or areawide plan to the Department every three years. A transfer or treatment plan may be part of an areawide plan pursuant to Section 545.50 of this Part.

f)          To provide hospital emergency medical services to sexual assault survivors, a hospital 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 hospital emergency services for the sexual assault survivor, the Department shall send notice of the rejection and the reason for the rejection to the hospital.  The hospital shall have 10 days after receipt of the notice of rejection in which to submit a modified plan.

h)         Questions regarding a hospital'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., 4^th Floor

                                    Springfield, Illinois 62761

                                    (217) 782-7412

(Source:  Amended at 33 Ill. Reg. 14588, effective October 9, 2009)