Bill Amendment: IL HB0854 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: REGULATION-TECH

Status: 2016-04-22 - Rule 19(a) / Re-referred to Rules Committee [HB0854 Detail]

Download: Illinois-2015-HB0854-House_Amendment_001.html

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Rep. Pamela Reaves-Harris

Filed: 3/28/2016

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AMENDMENT TO HOUSE BILL 854
AMENDMENT NO. ______. Amend House Bill 854 by replacing
everything after the enacting clause with the following:
"Section 5. The Emergency Medical Services (EMS) Systems
Act is amended by changing Section 32.5 as follows:
(210 ILCS 50/32.5)
Sec. 32.5. Freestanding Emergency Center.
(a) The Department shall issue an annual Freestanding
Emergency Center (FEC) license to any facility that has
received a permit from the Health Facilities and Services
Review Board to establish a Freestanding Emergency Center by
January 1, 2015, and:
(1) is located: (A) in a municipality with a population
of 50,000 or fewer inhabitants; (B) within 50 miles of the
hospital that owns or controls the FEC; and (C) within 50
miles of the Resource Hospital affiliated with the FEC as

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part of the EMS System;
(2) is wholly owned or controlled by an Associate or
Resource Hospital, but is not a part of the hospital's
physical plant;
(3) meets the standards for licensed FECs, adopted by
rule of the Department, including, but not limited to:
(A) facility design, specification, operation, and
maintenance standards;
(B) equipment standards; and
(C) the number and qualifications of emergency
medical personnel and other staff, which must include
at least one board certified emergency physician
present at the FEC 24 hours per day.
(4) limits its participation in the EMS System strictly
to receiving a limited number of BLS runs by emergency
medical vehicles according to protocols developed by the
Resource Hospital within the FEC's designated EMS System
and approved by the Project Medical Director and the
Department;
(5) provides comprehensive emergency treatment
services, as defined in the rules adopted by the Department
pursuant to the Hospital Licensing Act, 24 hours per day,
on an outpatient basis;
(6) provides an ambulance and maintains on site
ambulance services staffed with paramedics 24 hours per
day;

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(7) (blank);
(8) complies with all State and federal patient rights
provisions, including, but not limited to, the Emergency
Medical Treatment Act and the federal Emergency Medical
Treatment and Active Labor Act;
(9) maintains a communications system that is fully
integrated with its Resource Hospital within the FEC's
designated EMS System;
(10) reports to the Department any patient transfers
from the FEC to a hospital within 48 hours of the transfer
plus any other data determined to be relevant by the
Department;
(11) submits to the Department, on a quarterly basis,
the FEC's morbidity and mortality rates for patients
treated at the FEC and other data determined to be relevant
by the Department;
(12) does not describe itself or hold itself out to the
general public as a full service hospital or hospital
emergency department in its advertising or marketing
activities;
(13) complies with any other rules adopted by the
Department under this Act that relate to FECs;
(14) passes the Department's site inspection for
compliance with the FEC requirements of this Act;
(15) submits a copy of the permit issued by the Health
Facilities and Services Review Board indicating that the

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facility has complied with the Illinois Health Facilities
Planning Act with respect to the health services to be
provided at the facility;
(16) submits an application for designation as an FEC
in a manner and form prescribed by the Department by rule;
and
(17) pays the annual license fee as determined by the
Department by rule.
(a-5) Notwithstanding any other provision of this Section,
the Department may issue an annual FEC license to a facility
that is located in a county that does not have a licensed
general acute care hospital if the facility's application for a
permit from the Illinois Health Facilities Planning Board has
been deemed complete by the Department of Public Health by
January 1, 2014 and if the facility complies with the
requirements set forth in paragraphs (1) through (17) of
subsection (a).
(a-10) Notwithstanding any other provision of this
Section, the Department may issue an annual FEC license to a
facility if the facility has, by January 1, 2014, filed a
letter of intent to establish an FEC and if the facility
complies with the requirements set forth in paragraphs (1)
through (17) of subsection (a).
(a-15) Notwithstanding any other provision of this
Section, the Department shall issue an annual FEC license to a
facility if the facility: (i) discontinues operation as a

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hospital within 180 days after the effective date of this
amendatory Act of the 99th General Assembly with a Health
Facilities and Services Review Board project number of
E-017-15; (ii) has an application for a permit to establish an
FEC from the Health Facilities and Services Review Board that
is deemed complete by January 1, 2017; and (iii) complies with
the requirements set forth in paragraphs (1) through (17) of
subsection (a) of this Section.
(a-20) Notwithstanding any other provision of this
Section, the Department shall issue an annual FEC license to a
facility located within a municipality with a population in
excess of 1,000,000 inhabitants if the facility has, by January
1, 2017, filed a letter of intent to establish an FEC and if
the facility complies with all requirements set forth in
paragraphs (3) through (17) of subsection (a) of this Section
and all applicable administrative rules. Any FEC located in a
municipality with a population in excess of 1,000,000
inhabitants shall not be required to be wholly owned or
controlled by an Associate Hospital or Resource Hospital;
however, all patients needing emergent or urgent evaluation or
treatment beyond the FEC's ability shall be expeditiously
transferred to the closest appropriate health care facility
based on the patient's acuity and needs. For non-emergent
patients ultimately needing inpatient hospital care, the FEC
shall have a transfer agreement in place with at least one
acute care hospital in the FEC's service area. For FECs

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established under this subsection (a-20), the facility shall
have the authority to create up to 10 observation beds as
further defined by rule. The Department shall issue no more
than 3 such licenses in a municipality with a population in
excess of 1,000,000 inhabitants and shall give consideration to
underserved areas, particularly those that have recently lost
access to emergency care through the loss of an emergency care
provider. An FEC qualifying under this subsection (a-20) shall
fully participate with and function within a Department
approved local EMS System.
(b) The Department shall:
(1) annually inspect facilities of initial FEC
applicants and licensed FECs, and issue annual licenses to
or annually relicense FECs that satisfy the Department's
licensure requirements as set forth in subsection (a);
(2) suspend, revoke, refuse to issue, or refuse to
renew the license of any FEC, after notice and an
opportunity for a hearing, when the Department finds that
the FEC has failed to comply with the standards and
requirements of the Act or rules adopted by the Department
under the Act;
(3) issue an Emergency Suspension Order for any FEC
when the Director or his or her designee has determined
that the continued operation of the FEC poses an immediate
and serious danger to the public health, safety, and
welfare. An opportunity for a hearing shall be promptly

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initiated after an Emergency Suspension Order has been
issued; and
(4) adopt rules as needed to implement this Section.
(Source: P.A. 99-490, eff. 12-4-15.)".