Bill Text: IL HB0581 | 2023-2024 | 103rd General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Hospital Emergency Service Act. Provides that "applicant" includes any person who presents at the hospital. Provides that hospitals shall furnish hospital emergency services in accordance with the procedures required by the federal Emergency Medical Treatment and Active Labor Act. Defines "injury or acute medical condition where the same is liable to cause death or severe injury or serious illness" and "stabilizing treatment". Provides that the Department of Public Health shall have the authority to investigate violations of the Act and to issue a minimum monetary penalty of $50,000 for violating the Act. Allows the Department to adopt rules for purposes of enforcing the Act and identifying factors to be considered when issuing a monetary penalty. Provides that the Department may assess a fine under this Section only if there are no fines assessed for the violation by the federal government. Includes a severability clause. Effective immediately.

Spectrum: Partisan Bill (Democrat 29-0)

Status: (Passed) 2024-08-07 - Public Act . . . . . . . . . 103-0784 [HB0581 Detail]

Download: Illinois-2023-HB0581-Engrossed.html

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HB0581 Engrossed LRB103 04166 CPF 49172 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Hospital Emergency Service Act is amended
by changing Section 1 and by adding Sections 2.1 and 40 as
follows:
(210 ILCS 80/1) (from Ch. 111 1/2, par. 86)
Sec. 1. Requirements to provide emergency medical care.
(a) Every hospital required to be licensed by the
Department of Public Health pursuant to the Hospital Licensing
Act which provides general medical and surgical hospital
services, except long-term acute care hospitals and
rehabilitation hospitals identified in Section 1.3 of this
Act, shall provide a hospital emergency service in accordance
with rules and regulations adopted by the Department of Public
Health and shall furnish such hospital emergency services to
any applicant who applies for the same in case of injury or
acute medical condition where the same is liable to cause
death or severe injury or serious illness. For purposes of
this Act, "applicant" includes any person who presents at the
hospital or who is brought to a hospital by ambulance or
specialized emergency medical services vehicle as defined in
the Emergency Medical Services (EMS) Systems Act. Hospitals

HB0581 Engrossed - 2 - LRB103 04166 CPF 49172 b
shall furnish hospital emergency services, including as
described in subsections (b-1) and (b-2), in accordance with
the procedures required by the federal Emergency Medical
Treatment and Active Labor Act (EMTALA), including, but not
limited to, medical screening, the provision of necessary
stabilizing treatment, procedures for refusals to consent,
restricting transfers until the individual is stabilized,
appropriate transfers of patients, nondiscrimination, no delay
in examination or treatment, and whistleblower protections.
(b-1) For purposes of this Act, "injury or acute medical
condition where the same is liable to cause death or severe
injury or serious illness" includes, but is not limited to,
when a pregnant patient is experiencing ectopic pregnancy,
complications of pregnancy loss, risks to future fertility,
previable preterm premature rupture of membranes (PPROM), or
emergent hypertensive disorders, such as preeclampsia.
(b-2) For purposes of this Act, "stabilizing treatment"
includes abortion when abortion is necessary to resolve the
patient's injury or acute medical condition that is liable to
cause death or severe injury or serious illness.
(c) The amendments to this Section are declarative of
existing law.
(d) Nothing in this Section shall be construed to alter
existing legal statuses and rights.
(Source: P.A. 97-667, eff. 1-13-12; 98-683, eff. 6-30-14.)

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(210 ILCS 80/2.1 new)
Sec. 2.1. Department investigations. The Department shall
also have the authority to investigate violations of this Act,
which may include a medical clinical review by a physician,
and to issue a minimum monetary penalty of $50,000 for
violating this Act. The Department shall adopt rules for
purposes of enforcing this Act and identifying factors to be
considered when issuing a monetary penalty. The Department may
assess a fine under this Section only if there are no fines
assessed for the violation by the federal government.
(210 ILCS 80/40 new)
Sec. 40. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.