RD496 - Transfer & Treatment of Sexual Assault Survivors by Virginia Hospitals – 2023


Executive Summary:

The Virginia Department of Health (VDH) is submitting this report in response to the legislative mandated in subsection B of Code of Virginia § 32.1-162.15:7, which requires VDH to annually submit to the Governor and General Assembly information regarding hospital compliance with the requirements of Article 8 (§ 32.1-162.15:2 et seq.) of Chapter 5 of Title 32.1 of the Code of Virginia. This includes data regarding submission to VDH of proposed hospital plans for the transfer and treatment of adult and pediatric sexual assault survivors and hospital inspections related to compliance with approved plans. This report is due by December 1 of each year.

From July 1, 2023(*1) to present:

1. Thirty-two hospitals submitted and received approval for adult sexual assault survivor (SAS) transfer plans.

a. An additional two hospitals submitted SAS transfer plans for VDH’s approval, for which VDH has not yet concluded its review.(*2)

b. An additional eight hospitals submitted SAS transfer plans that were denied VDH’s approval, and have not re-submitted their plans, with appropriate revisions, for VDH’s review.

c. One hospital submitted and received approval for a SAS transfer plan for its freestanding emergency department but did not submit a plan for the entirety of the hospital.

2. Twenty-nine hospitals submitted and received approval for pediatric sexual assault survivor (PSAS) transfer plans.

a. An additional two hospitals submitted PSAS transfer plans for VDH’s approval, for which VDH has not yet concluded its review.

b. An additional five hospitals submitted PSAS transfer plans that were denied VDH’s approval, and have not re-submitted their plans, with appropriate revisions, for VDH’s review.

c. One hospital submitted and received approval for a PSAS transfer plan for its freestanding emergency department but did not submit a plan for the entirety of the hospital.

3. Fifteen hospitals submitted and received approval for SAS treatment plans.

a. An additional four hospitals submitted SAS treatment plans for VDH’s approval, for which VDH has not yet concluded its review.

b. An additional seven hospitals submitted SAS treatment plans that were denied VDH’s approval, and have not re-submitted their plans, with appropriate revisions, for VDH’s review.

4. Eighteen hospitals submitted and received approval for PSAS treatment plans.

a. An additional 4 hospitals submitted PSAS treatment plans for VDH’s approval, for which VDH has not yet concluded its review.

b. An additional hospital submitted a PSAS treatment plan that was denied VDH’s approval, and has not re-submitted their plans, with appropriate revisions, for VDH’s review.

5. One hundred twelve hospitals were noncompliant with the plan submission requirements in that they failed to submit any plan for VDH’s review and approval.

a. One hospital submitted and received approval for a SAS transfer plan and a PSAS transfer plan for its freestanding emergency department but did not submit a plan for the entirety of the hospital.

6. Zero hospitals were inspected for compliance with the requirements of Article 8 (§ 32.1-162.15:2 et seq.) of Chapter 5 of Title 32.1 of the Code of Virginia and their approved plan.
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(*1) Pursuant to the provisions of the second enactment clause of Chapter 725 of the 2020 Acts of Assembly, the requirement for hospitals to have an approved plan to either treat or transfer SASs and PSASs had a delayed effective date of July 1, 2023.
(*2) Subsection E of § 32.1-162.15:4 of the Code of Virginia requires VDH to either approve or deny plans within 30 days of receipt.