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| 1 | | AN ACT concerning regulation.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Emergency Medical Services (EMS) Systems Act |
| 5 | | is amended by changing Section 32.5 as follows:
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| 6 | | (210 ILCS 50/32.5)
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| 7 | | Sec. 32.5. Freestanding Emergency Center.
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| 8 | | (a) The Department shall issue an annual Freestanding |
| 9 | | Emergency Center (FEC)
license to any facility that has |
| 10 | | received a permit from the Health Facilities and Services |
| 11 | | Review Board to establish a Freestanding Emergency Center by |
| 12 | | January 1, 2015, and:
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| 13 | | (1) is located: (A) in a municipality with
a population
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| 14 | | of 50,000 or fewer inhabitants; (B) within 50 miles of the
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| 15 | | hospital that owns or controls the FEC; and (C) within 50 |
| 16 | | miles of the Resource
Hospital affiliated with the FEC as |
| 17 | | part of the EMS System;
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| 18 | | (2) is wholly owned or controlled by an Associate or |
| 19 | | Resource Hospital,
but is not a part of the hospital's |
| 20 | | physical plant;
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| 21 | | (3) meets the standards for licensed FECs, adopted by |
| 22 | | rule of the
Department, including, but not limited to:
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| 23 | | (A) facility design, specification, operation, and |
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| 1 | | maintenance
standards;
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| 2 | | (B) equipment standards; and
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| 3 | | (C) the number and qualifications of emergency |
| 4 | | medical personnel and
other staff, which must include |
| 5 | | at least one board certified emergency
physician |
| 6 | | present at the FEC 24 hours per day.
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| 7 | | (4) limits its participation in the EMS System strictly |
| 8 | | to receiving a
limited number of BLS runs by emergency |
| 9 | | medical vehicles according to protocols
developed by the |
| 10 | | Resource Hospital within the FEC's
designated EMS System |
| 11 | | and approved by the Project Medical Director and the
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| 12 | | Department;
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| 13 | | (5) provides comprehensive emergency treatment |
| 14 | | services, as defined in the
rules adopted by the Department |
| 15 | | pursuant to the Hospital Licensing Act, 24
hours per day, |
| 16 | | on an outpatient basis;
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| 17 | | (6) provides an ambulance and
maintains on site |
| 18 | | ambulance services staffed with paramedics 24 hours per |
| 19 | | day;
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| 20 | | (7) (blank);
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| 21 | | (8) complies with all State and federal patient rights |
| 22 | | provisions,
including, but not limited to, the Emergency |
| 23 | | Medical Treatment Act and the
federal Emergency
Medical |
| 24 | | Treatment and Active Labor Act;
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| 25 | | (9) maintains a communications system that is fully |
| 26 | | integrated with
its Resource Hospital within the FEC's |
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| 1 | | designated EMS System;
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| 2 | | (10) reports to the Department any patient transfers |
| 3 | | from the FEC to a
hospital within 48 hours of the transfer |
| 4 | | plus any other
data
determined to be relevant by the |
| 5 | | Department;
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| 6 | | (11) submits to the Department, on a quarterly basis, |
| 7 | | the FEC's morbidity
and mortality rates for patients |
| 8 | | treated at the FEC and other data determined
to be relevant |
| 9 | | by the Department;
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| 10 | | (12) does not describe itself or hold itself out to the |
| 11 | | general public as
a full service hospital or hospital |
| 12 | | emergency department in its advertising or
marketing
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| 13 | | activities;
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| 14 | | (13) complies with any other rules adopted by the
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| 15 | | Department
under this Act that relate to FECs;
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| 16 | | (14) passes the Department's site inspection for |
| 17 | | compliance with the FEC
requirements of this Act;
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| 18 | | (15) submits a copy of the permit issued by
the Health |
| 19 | | Facilities and Services Review Board indicating that the |
| 20 | | facility has complied with the Illinois Health Facilities |
| 21 | | Planning Act with respect to the health services to be |
| 22 | | provided at the facility;
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| 23 | | (16) submits an application for designation as an FEC |
| 24 | | in a manner and form
prescribed by the Department by rule; |
| 25 | | and
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| 26 | | (17) pays the annual license fee as determined by the |
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| 1 | | Department by
rule.
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| 2 | | (a-5) Notwithstanding any other provision of this Section, |
| 3 | | the Department may issue an annual FEC license to a facility |
| 4 | | that is located in a county that does not have a licensed |
| 5 | | general acute care hospital if the facility's application for a |
| 6 | | permit from the Illinois Health Facilities Planning Board has |
| 7 | | been deemed complete by the Department of Public Health by |
| 8 | | January 1, 2014 and if the facility complies with the |
| 9 | | requirements set forth in paragraphs (1) through (17) of |
| 10 | | subsection (a). |
| 11 | | (a-10) Notwithstanding any other provision of this |
| 12 | | Section, the Department may issue an annual FEC license to a |
| 13 | | facility if the facility has, by January 1, 2014, filed a |
| 14 | | letter of intent to establish an FEC and if the facility |
| 15 | | complies with the requirements set forth in paragraphs (1) |
| 16 | | through (17) of subsection (a). |
| 17 | | (a-15) Notwithstanding any other provision of this |
| 18 | | Section, the Department shall issue an
annual FEC license to a |
| 19 | | facility if the facility: (i) discontinues operation as a |
| 20 | | hospital within 180 days after the effective date of this |
| 21 | | amendatory Act of the 99th General Assembly with a Health |
| 22 | | Facilities and Services Review Board project number of |
| 23 | | E-017-15; (ii) has an application for a permit to establish an |
| 24 | | FEC from the Health Facilities and Services Review Board that |
| 25 | | is deemed complete by January 1, 2017; and (iii) complies with |
| 26 | | the requirements set forth in paragraphs (1) through (17) of |
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| 1 | | subsection (a) of this Section. |
| 2 | | (a-16) Notwithstanding any other provision of this |
| 3 | | Section, the
Department shall issue an annual FEC license to a |
| 4 | | facility located within a
municipality with a population in |
| 5 | | excess of 1,000,000 inhabitants if the facility (i) has, by
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| 6 | | January 1, 2017, filed a letter of intent to establish an FEC, |
| 7 | | (ii) has received a certificate of need from the Health |
| 8 | | Facilities and Services Review Board, and (iii) complies with |
| 9 | | all requirements set forth in paragraphs (3) through
(17) of |
| 10 | | subsection (a) of this Section and all applicable |
| 11 | | administrative rules. Any FEC located in a
municipality with a |
| 12 | | population in excess of 1,000,000 inhabitants shall not be
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| 13 | | required to be wholly owned or controlled by an Associate |
| 14 | | Hospital or Resource
Hospital; however, all patients needing |
| 15 | | emergent or urgent evaluation or
treatment beyond the FEC's |
| 16 | | ability shall be expeditiously transferred to
the closest |
| 17 | | appropriate health care facility based on the patient's acuity
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| 18 | | and needs. The FEC shall have a transfer agreement in place |
| 19 | | with at least one acute care hospital in the FEC's service area |
| 20 | | within 30 minutes travel time of the FEC. The medical director |
| 21 | | of the FEC shall have full admitting privileges at a hospital |
| 22 | | with which the FEC has a transfer agreement and shall agree in |
| 23 | | writing to assume responsibility for all FEC patients requiring |
| 24 | | follow-up care in accordance with the transfer agreement. For |
| 25 | | an FEC established under this subsection (a-16), the facility
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| 26 | | shall have the authority to create up to 10 observation beds as |
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| 1 | | further
defined by rule. The Department shall issue no more |
| 2 | | than one such license
in a
municipality with a population in |
| 3 | | excess of 1,000,000 inhabitants
and shall give consideration to |
| 4 | | underserved areas, particularly those that have recently lost |
| 5 | | access to emergency care through the loss of an emergency care |
| 6 | | provider. An FEC qualifying under this subsection (a-16) shall |
| 7 | | fully participate with and function within a Department |
| 8 | | approved local EMS System. |
| 9 | | (b) The Department shall:
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| 10 | | (1) annually inspect facilities of initial FEC |
| 11 | | applicants and licensed
FECs, and issue
annual licenses to |
| 12 | | or annually relicense FECs that
satisfy the Department's |
| 13 | | licensure requirements as set forth in subsection (a);
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| 14 | | (2) suspend, revoke, refuse to issue, or refuse to |
| 15 | | renew the license of
any
FEC, after notice and an |
| 16 | | opportunity for a hearing, when the Department finds
that |
| 17 | | the FEC has failed to comply with the standards and |
| 18 | | requirements of the
Act or rules adopted by the Department |
| 19 | | under the
Act;
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| 20 | | (3) issue an Emergency Suspension Order for any FEC |
| 21 | | when the
Director or his or her designee has determined |
| 22 | | that the continued operation of
the FEC poses an immediate |
| 23 | | and serious danger to
the public health, safety, and |
| 24 | | welfare.
An opportunity for a
hearing shall be promptly |
| 25 | | initiated after an Emergency Suspension Order has
been |
| 26 | | issued; and
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