77 Ill. Adm. Code 545.64
Out-of-State Hospitals
Section 545.64 Out-of-State Hospitals
a)
An
out-of-state hospital that submits an areawide treatment plan to the Department
in accordance with Section 5.4(b) of the Act
and Section 545.90 of this
Part
consents to the jurisdiction and oversight of the Department,
including, but not limited to, inspections, investigations, and evaluations
arising out of complaints, relevant to the Act, made to the Department.
(Section 2.06 of the Act)
b)
An
out-of-state hospital that submits an areawide treatment plan to the Department
in accordance with Section 5.4(b)
of the Act
and Section 545.90 of
this Part
shall be deemed to have given consent to annual inspections,
surveys, or evaluations relevant to the Act by properly identified personnel of
the Department or by such other properly identified persons, including local
health department staff, as the Department may designate.
(Section 2.06 of
the Act)
c)
Representatives
of the Department shall have access to and may reproduce or photocopy any
books, records, and other documents maintained by the out-of-state hospital or
the out-of-state hospital's representative to the extent necessary to carry out
the Act
and this Part. (Section 2.06 of the Act)
d)
No
representative, agent, or person acting on behalf of the out-of-state hospital
in any manner shall intentionally prevent, interfere with, or attempt to impede
in any way any duly authorized investigation and enforcement of the Act
and
this Part. (Section 2.06 of the Act)
e)
Each
out-of-state
treatment hospital shall enter into a memorandum of
understanding with
an Illinois
rape crisis center for medical advocacy
services, if these services are available to the
out-of-state
treatment
hospital. 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)
f)
Every
out-of-state
treatment hospital'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)
g) An out-of-state hospital shall comply with Section 545.60.
h) Out-of-state Hospitals Designated as Trauma Centers
1)
Nothing in the Act
or this Part
shall prohibit the
transfer of a patient in need of medical services
to
a hospital that has
been designated as a trauma center by the Department in accordance with Section
3.90 of the Emergency Medical Services (EMS) Systems Act.
2)
A transfer hospital, treatment hospital with approved
pediatric transfer, or approved pediatric health care facility may transfer a
sexual assault survivor to an out-of-state hospital that is located in a county
that borders Illinois if the out-of-state hospital
:
A)
Submits an areawide treatment plan approved by the
Department; and
B)
Has certified to the Department, in a form and manner
prescribed by the Department, that the out-of-state hospital will
:
i)
Consent to the jurisdiction of the Department in
accordance with Section 2.06 of the Act
and this Section;
ii)
Comply with
Section 545.60 and
all
requirements
of
the
Act applicable to treatment hospitals, including, but not
limited to, offering evidence collection to any Illinois sexual assault
survivor who presents with a complaint of sexual assault within seven
days
after the assault,
who has disclosed past sexual assault by a specific
individual and was in the care of that individual within the last seven days,
or
who has a clinical indication for medical forensic services beyond seven days,
and not billing the sexual assault survivor for medical forensic services or 180
days of follow-up healthcare
;
iii)
Use a Sexual Assault Evidence Collection Kit to collect
forensic evidence from an Illinois sexual assault survivor
;
iv)
Ensure its staff cooperates with Illinois law enforcement
agencies and is responsive to subpoenas issued by Illinois courts; and
v)
Provide appropriate transportation, upon the completion of
medical forensic services, back to the transfer hospital, treatment hospital
with pediatric transfer, or approved pediatric health care facility where the
sexual assault survivor initially presented seeking medical forensic services,
unless the sexual assault survivor chooses to arrange his or her own transportation
.
(Section 5.4 of the Act)
i)
In
carrying out oversight of an out-of-state hospital, the Department will respect
the confidentiality of all patient records, including by complying with the
patient record confidentiality requirements set out in Section 6.14b of the
Hospital Licensing Act
. (Section 2.06 of the Act)