Bill Amendment: IL HB0581 | 2023-2024 | 103rd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: REGULATION-TECH
Status: 2024-08-07 - Public Act . . . . . . . . . 103-0784 [HB0581 Detail]
Download: Illinois-2023-HB0581-House_Amendment_001.html
Bill Title: REGULATION-TECH
Status: 2024-08-07 - Public Act . . . . . . . . . 103-0784 [HB0581 Detail]
Download: Illinois-2023-HB0581-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 581 | ||||||
2 | AMENDMENT NO. ______. Amend House Bill 581 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Hospital Emergency Service Act is amended | ||||||
5 | by changing Sections 1 and 2 and by adding Sections 3 and 97 as | ||||||
6 | follows:
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7 | (210 ILCS 80/1) (from Ch. 111 1/2, par. 86) | ||||||
8 | Sec. 1. Requirements to provide emergency medical care. | ||||||
9 | (a) Every hospital required to be licensed by the | ||||||
10 | Department of Public Health pursuant to the Hospital Licensing | ||||||
11 | Act which provides general medical and surgical hospital | ||||||
12 | services, except long-term acute care hospitals and | ||||||
13 | rehabilitation hospitals identified in Section 1.3 of this | ||||||
14 | Act, shall provide a hospital emergency service in accordance | ||||||
15 | with rules and regulations adopted by the Department of Public | ||||||
16 | Health and in accordance with the procedures required by the |
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1 | federal Emergency Medical Treatment and Active Labor Act, | ||||||
2 | including, but not limited to, medical screening, the | ||||||
3 | provision of necessary stabilizing treatment, procedures for | ||||||
4 | refusals to consent, restricting transfers until the | ||||||
5 | individual is stabilized, appropriate transfers of patients, | ||||||
6 | nondiscrimination, no delay in examination or treatment, and | ||||||
7 | whistleblower protections, and shall furnish such hospital | ||||||
8 | emergency services to any applicant who applies for the same | ||||||
9 | in case of injury or acute medical condition where the same is | ||||||
10 | liable to cause death or severe injury or serious illness. | ||||||
11 | (b) For purposes of this Act : , "applicant" | ||||||
12 | "Applicant" includes any person who presents at the | ||||||
13 | hospital or who is brought to a hospital by ambulance or | ||||||
14 | specialized emergency medical services vehicle as defined in | ||||||
15 | the Emergency Medical Services (EMS) Systems Act. | ||||||
16 | "Hospital emergency service" includes abortion when | ||||||
17 | abortion is the stabilizing treatment necessary to resolve the | ||||||
18 | patient's injury or acute medical condition that is liable to | ||||||
19 | cause death or severe injury or serious illness. | ||||||
20 | "Injury or acute medical condition where the same is | ||||||
21 | liable to cause death or severe injury or serious illness" | ||||||
22 | includes, but is not limited to, when a pregnant patient is | ||||||
23 | experiencing ectopic pregnancy, complications of pregnancy | ||||||
24 | loss, risks to future fertility, previable preterm premature | ||||||
25 | rupture of membranes (PPROM), or emergent hypertensive | ||||||
26 | disorders, such as preeclampsia. |
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1 | (c) The amendments to this Section are declarative of | ||||||
2 | existing law. Nothing in this Section shall be construed to | ||||||
3 | alter existing legal statutes and rights. | ||||||
4 | (Source: P.A. 97-667, eff. 1-13-12; 98-683, eff. 6-30-14.)
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5 | (210 ILCS 80/2) (from Ch. 111 1/2, par. 87) | ||||||
6 | Sec. 2. Violations. Any hospital or other person violating | ||||||
7 | any of the provisions of this Act or refusing to perform any | ||||||
8 | duties imposed by this Act shall be guilty of a business | ||||||
9 | offense and subject to a fine not exceeding $10,000 for each | ||||||
10 | violation, and any fine imposed shall be paid into the general | ||||||
11 | corporate funds of the city, incorporated town, or village in | ||||||
12 | which the hospital is located, or of the county, in case such | ||||||
13 | hospital is outside the limits of any incorporated | ||||||
14 | municipality. | ||||||
15 | The Department of Public Health shall also have the | ||||||
16 | authority to investigate violations of this Act, including a | ||||||
17 | medical clinical review by a physician, and issue a minimum | ||||||
18 | monetary penalty of $50,000 for violating this Act. The | ||||||
19 | Department of Public Health shall adopt rules for purposes of | ||||||
20 | enforcing this Act and identifying factors to be considered | ||||||
21 | when issuing a monetary penalty. | ||||||
22 | (Source: P.A. 81-1518.)
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23 | (210 ILCS 80/3 new) | ||||||
24 | Sec. 3. Private right of action. |
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1 | (a) A patient who is aggrieved by a violation of Section 1 | ||||||
2 | shall have a right of action in a State circuit court or as a | ||||||
3 | supplemental claim in federal district court against the | ||||||
4 | hospital. A prevailing party may recover: | ||||||
5 | (1) all remedies available by law; | ||||||
6 | (2) reasonable attorney's fees and costs, including | ||||||
7 | expert witness fees and other litigation expenses; and | ||||||
8 | (3) other relief, including an injunction, as the | ||||||
9 | State or federal court may deem appropriate. | ||||||
10 | (b) An action under this Section must be brought not later | ||||||
11 | than 2 years after the violation of Section 1 has occurred.
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12 | (210 ILCS 80/97 new) | ||||||
13 | Sec. 97. Severability. The provisions of this Act are | ||||||
14 | severable under Section 1.31 of the Statute on Statutes.
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