Bill Text: IL HB3221 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Emergency Medical Services (EMS) Systems Act. Authorizes the Department of Public Health to license freestanding rapid treatment emergency centers. Contains provisions concerning the requirements a facility must meet to be licensed as a freestanding rapid treatment emergency center. Requires the Department of Public Health to establish provisional licensure and licensing procedures by emergency rule. Makes related changes in the Emergency Medical Treatment Act, the Health Care Worker Background Check Act, the Abandoned Newborn Infant Protection Act, and the Illinois Controlled Substances Act. Amends the Illinois Health Facilities Planning Act. Prohibits a person from constructing, modifying, or establishing a freestanding rapid treatment emergency center without obtaining a certificate of need permit from the Health Facilities and Services Review Board. Requires the Health Facilities and Services Review Board to establish provisional permit application guidelines by emergency rule. Amends the Illinois Insurance Code. Contains provisions concerning reimbursements to freestanding rapid treatment emergency centers. Amends the Illinois Public Aid Code. Directs the Department of Healthcare and Family Services to adopt rates to be paid for services delivered by a freestanding rapid treatment emergency center. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced - Dead) 2015-04-24 - Rule 19(a) / Re-referred to Rules Committee [HB3221 Detail]

Download: Illinois-2015-HB3221-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB3221 Introduced , by Rep. Pamela Reaves-Harris SYNOPSIS AS INTRODUCED:
See Index
Amends the Emergency Medical Services (EMS) Systems Act. Authorizes the Department of Public Health to license freestanding rapid treatment emergency centers. Contains provisions concerning the requirements a facility must meet to be licensed as a freestanding rapid treatment emergency center. Requires the Department of Public Health to establish provisional licensure and licensing procedures by emergency rule. Makes related changes in the Emergency Medical Treatment Act, the Health Care Worker Background Check Act, the Abandoned Newborn Infant Protection Act, and the Illinois Controlled Substances Act. Amends the Illinois Health Facilities Planning Act. Prohibits a person from constructing, modifying, or establishing a freestanding rapid treatment emergency center without obtaining a certificate of need permit from the Health Facilities and Services Review Board. Requires the Health Facilities and Services Review Board to establish provisional permit application guidelines by emergency rule. Amends the Illinois Insurance Code. Contains provisions concerning reimbursements to freestanding rapid treatment emergency centers. Amends the Illinois Public Aid Code. Directs the Department of Healthcare and Family Services to adopt rates to be paid for services delivered by a freestanding rapid treatment emergency center. Effective immediately.
LRB099 10156 RPS 30379 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB3221 LRB099 10156 RPS 30379 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Health Facilities Planning Act is
amended by changing Section 3 and by adding Section 5.1b as
follows:
(20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
(Section scheduled to be repealed on December 31, 2019)
Sec. 3. Definitions. As used in this Act:
"Health care facilities" means and includes the following
facilities, organizations, and related persons:
(1) An ambulatory surgical treatment center required
to be licensed pursuant to the Ambulatory Surgical
Treatment Center Act.
(2) An institution, place, building, or agency
required to be licensed pursuant to the Hospital Licensing
Act.
(3) Skilled and intermediate long term care facilities
licensed under the Nursing Home Care Act.
(A) If a demonstration project under the Nursing
Home Care Act applies for a certificate of need to
convert to a nursing facility, it shall meet the
licensure and certificate of need requirements in

HB3221 - 2 - LRB099 10156 RPS 30379 b
effect as of the date of application.
(B) Except as provided in item (A) of this
subsection, this Act does not apply to facilities
granted waivers under Section 3-102.2 of the Nursing
Home Care Act.
(3.5) Skilled and intermediate care facilities
licensed under the ID/DD Community Care Act. (A) No permit
or exemption is required for a facility licensed under the
ID/DD Community Care Act prior to the reduction of the
number of beds at a facility. If there is a total reduction
of beds at a facility licensed under the ID/DD Community
Care Act, this is a discontinuation or closure of the
facility. If a facility licensed under the ID/DD Community
Care Act reduces the number of beds or discontinues the
facility, that facility must notify the Board as provided
in Section 14.1 of this Act.
(3.7) Facilities licensed under the Specialized Mental
Health Rehabilitation Act of 2013.
(4) Hospitals, nursing homes, ambulatory surgical
treatment centers, or kidney disease treatment centers
maintained by the State or any department or agency
thereof.
(5) Kidney disease treatment centers, including a
free-standing hemodialysis unit required to be licensed
under the End Stage Renal Disease Facility Act.
(A) This Act does not apply to a dialysis facility

HB3221 - 3 - LRB099 10156 RPS 30379 b
that provides only dialysis training, support, and
related services to individuals with end stage renal
disease who have elected to receive home dialysis.
(B) This Act does not apply to a dialysis unit
located in a licensed nursing home that offers or
provides dialysis-related services to residents with
end stage renal disease who have elected to receive
home dialysis within the nursing home.
(C) The Board, however, may require dialysis
facilities and licensed nursing homes under items (A)
and (B) of this subsection to report statistical
information on a quarterly basis to the Board to be
used by the Board to conduct analyses on the need for
proposed kidney disease treatment centers.
(6) An institution, place, building, or room used for
the performance of outpatient surgical procedures that is
leased, owned, or operated by or on behalf of an
out-of-state facility.
(7) An institution, place, building, or room used for
provision of a health care category of service, including,
but not limited to, cardiac catheterization and open heart
surgery.
(8) An institution, place, building, or room housing
major medical equipment used in the direct clinical
diagnosis or treatment of patients, and whose project cost
is in excess of the capital expenditure minimum.

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"Health care facilities" does not include the following
entities or facility transactions:
(1) Federally-owned facilities.
(2) Facilities used solely for healing by prayer or
spiritual means.
(3) An existing facility located on any campus facility
as defined in Section 5-5.8b of the Illinois Public Aid
Code, provided that the campus facility encompasses 30 or
more contiguous acres and that the new or renovated
facility is intended for use by a licensed residential
facility.
(4) Facilities licensed under the Supportive
Residences Licensing Act or the Assisted Living and Shared
Housing Act.
(5) Facilities designated as supportive living
facilities that are in good standing with the program
established under Section 5-5.01a of the Illinois Public
Aid Code.
(6) Facilities established and operating under the
Alternative Health Care Delivery Act as a children's
community-based health care center children's respite care
center alternative health care model demonstration program
or as an Alzheimer's Disease Management Center alternative
health care model demonstration program.
(7) The closure of an entity or a portion of an entity
licensed under the Nursing Home Care Act, the Specialized

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Mental Health Rehabilitation Act of 2013, or the ID/DD
Community Care Act, with the exception of facilities
operated by a county or Illinois Veterans Homes, that elect
to convert, in whole or in part, to an assisted living or
shared housing establishment licensed under the Assisted
Living and Shared Housing Act and with the exception of a
facility licensed under the Specialized Mental Health
Rehabilitation Act of 2013 in connection with a proposal to
close a facility and re-establish the facility in another
location.
(8) Any change of ownership of a health care healthcare
facility that is licensed under the Nursing Home Care Act,
the Specialized Mental Health Rehabilitation Act of 2013,
or the ID/DD Community Care Act, with the exception of
facilities operated by a county or Illinois Veterans Homes.
Changes of ownership of facilities licensed under the
Nursing Home Care Act must meet the requirements set forth
in Sections 3-101 through 3-119 of the Nursing Home Care
Act. children's community-based health care center of 2013
and with the exception of a facility licensed under the
Specialized Mental Health Rehabilitation Act of 2013 in
connection with a proposal to close a facility and
re-establish the facility in another location of 2013
With the exception of those health care facilities
specifically included in this Section, nothing in this Act
shall be intended to include facilities operated as a part of

HB3221 - 6 - LRB099 10156 RPS 30379 b
the practice of a physician or other licensed health care
professional, whether practicing in his individual capacity or
within the legal structure of any partnership, medical or
professional corporation, or unincorporated medical or
professional group. Further, this Act shall not apply to
physicians or other licensed health care professional's
practices where such practices are carried out in a portion of
a health care facility under contract with such health care
facility by a physician or by other licensed health care
professionals, whether practicing in his individual capacity
or within the legal structure of any partnership, medical or
professional corporation, or unincorporated medical or
professional groups, unless the entity constructs, modifies,
or establishes a health care facility as specifically defined
in this Section. This Act shall apply to construction or
modification and to establishment by such health care facility
of such contracted portion which is subject to facility
licensing requirements, irrespective of the party responsible
for such action or attendant financial obligation.
"Person" means any one or more natural persons, legal
entities, governmental bodies other than federal, or any
combination thereof.
"Consumer" means any person other than a person (a) whose
major occupation currently involves or whose official capacity
within the last 12 months has involved the providing,
administering or financing of any type of health care facility,

HB3221 - 7 - LRB099 10156 RPS 30379 b
(b) who is engaged in health research or the teaching of
health, (c) who has a material financial interest in any
activity which involves the providing, administering or
financing of any type of health care facility, or (d) who is or
ever has been a member of the immediate family of the person
defined by (a), (b), or (c).
"State Board" or "Board" means the Health Facilities and
Services Review Board.
"Construction or modification" means the establishment,
erection, building, alteration, reconstruction, modernization,
improvement, extension, discontinuation, change of ownership,
of or by a health care facility, or the purchase or acquisition
by or through a health care facility of equipment or service
for diagnostic or therapeutic purposes or for facility
administration or operation, or any capital expenditure made by
or on behalf of a health care facility which exceeds the
capital expenditure minimum; however, any capital expenditure
made by or on behalf of a health care facility for (i) the
construction or modification of a facility licensed under the
Assisted Living and Shared Housing Act or (ii) a conversion
project undertaken in accordance with Section 30 of the Older
Adult Services Act shall be excluded from any obligations under
this Act.
"Establish" means the construction of a health care
facility or the replacement of an existing facility on another
site or the initiation of a category of service.

HB3221 - 8 - LRB099 10156 RPS 30379 b
"Major medical equipment" means medical equipment which is
used for the provision of medical and other health services and
which costs in excess of the capital expenditure minimum,
except that such term does not include medical equipment
acquired by or on behalf of a clinical laboratory to provide
clinical laboratory services if the clinical laboratory is
independent of a physician's office and a hospital and it has
been determined under Title XVIII of the Social Security Act to
meet the requirements of paragraphs (10) and (11) of Section
1861(s) of such Act. In determining whether medical equipment
has a value in excess of the capital expenditure minimum, the
value of studies, surveys, designs, plans, working drawings,
specifications, and other activities essential to the
acquisition of such equipment shall be included.
"Capital Expenditure" means an expenditure: (A) made by or
on behalf of a health care facility (as such a facility is
defined in this Act); and (B) which under generally accepted
accounting principles is not properly chargeable as an expense
of operation and maintenance, or is made to obtain by lease or
comparable arrangement any facility or part thereof or any
equipment for a facility or part; and which exceeds the capital
expenditure minimum.
For the purpose of this paragraph, the cost of any studies,
surveys, designs, plans, working drawings, specifications, and
other activities essential to the acquisition, improvement,
expansion, or replacement of any plant or equipment with

HB3221 - 9 - LRB099 10156 RPS 30379 b
respect to which an expenditure is made shall be included in
determining if such expenditure exceeds the capital
expenditures minimum. Unless otherwise interdependent, or
submitted as one project by the applicant, components of
construction or modification undertaken by means of a single
construction contract or financed through the issuance of a
single debt instrument shall not be grouped together as one
project. Donations of equipment or facilities to a health care
facility which if acquired directly by such facility would be
subject to review under this Act shall be considered capital
expenditures, and a transfer of equipment or facilities for
less than fair market value shall be considered a capital
expenditure for purposes of this Act if a transfer of the
equipment or facilities at fair market value would be subject
to review.
"Capital expenditure minimum" means $11,500,000 for
projects by hospital applicants, $6,500,000 for applicants for
projects related to skilled and intermediate care long-term
care facilities licensed under the Nursing Home Care Act, and
$3,000,000 for projects by all other applicants, which shall be
annually adjusted to reflect the increase in construction costs
due to inflation, for major medical equipment and for all other
capital expenditures.
"Non-clinical service area" means an area (i) for the
benefit of the patients, visitors, staff, or employees of a
health care facility and (ii) not directly related to the

HB3221 - 10 - LRB099 10156 RPS 30379 b
diagnosis, treatment, or rehabilitation of persons receiving
services from the health care facility. "Non-clinical service
areas" include, but are not limited to, chapels; gift shops;
news stands; computer systems; tunnels, walkways, and
elevators; telephone systems; projects to comply with life
safety codes; educational facilities; student housing;
patient, employee, staff, and visitor dining areas;
administration and volunteer offices; modernization of
structural components (such as roof replacement and masonry
work); boiler repair or replacement; vehicle maintenance and
storage facilities; parking facilities; mechanical systems for
heating, ventilation, and air conditioning; loading docks; and
repair or replacement of carpeting, tile, wall coverings,
window coverings or treatments, or furniture. Solely for the
purpose of this definition, "non-clinical service area" does
not include health and fitness centers.
"Areawide" means a major area of the State delineated on a
geographic, demographic, and functional basis for health
planning and for health service and having within it one or
more local areas for health planning and health service. The
term "region", as contrasted with the term "subregion", and the
word "area" may be used synonymously with the term "areawide".
"Local" means a subarea of a delineated major area that on
a geographic, demographic, and functional basis may be
considered to be part of such major area. The term "subregion"
may be used synonymously with the term "local".

HB3221 - 11 - LRB099 10156 RPS 30379 b
"Physician" means a person licensed to practice in
accordance with the Medical Practice Act of 1987, as amended.
"Licensed health care professional" means a person
licensed to practice a health profession under pertinent
licensing statutes of the State of Illinois.
"Director" means the Director of the Illinois Department of
Public Health.
"Agency" means the Illinois Department of Public Health.
"Alternative health care model" means a facility or program
authorized under the Alternative Health Care Delivery Act.
"Out-of-state facility" means a person that is both (i)
licensed as a hospital or as an ambulatory surgery center under
the laws of another state or that qualifies as a hospital or an
ambulatory surgery center under regulations adopted pursuant
to the Social Security Act and (ii) not licensed under the
Ambulatory Surgical Treatment Center Act, the Hospital
Licensing Act, or the Nursing Home Care Act. Affiliates of
out-of-state facilities shall be considered out-of-state
facilities. Affiliates of Illinois licensed health care
facilities 100% owned by an Illinois licensed health care
facility, its parent, or Illinois physicians licensed to
practice medicine in all its branches shall not be considered
out-of-state facilities. Nothing in this definition shall be
construed to include an office or any part of an office of a
physician licensed to practice medicine in all its branches in
Illinois that is not required to be licensed under the

HB3221 - 12 - LRB099 10156 RPS 30379 b
Ambulatory Surgical Treatment Center Act.
"Change of ownership of a health care facility" means a
change in the person who has ownership or control of a health
care facility's physical plant and capital assets. A change in
ownership is indicated by the following transactions: sale,
transfer, acquisition, lease, change of sponsorship, or other
means of transferring control.
"Related person" means any person that: (i) is at least 50%
owned, directly or indirectly, by either the health care
facility or a person owning, directly or indirectly, at least
50% of the health care facility; or (ii) owns, directly or
indirectly, at least 50% of the health care facility.
"Charity care" means care provided by a health care
facility for which the provider does not expect to receive
payment from the patient or a third-party payer.
"Freestanding emergency center" means a facility subject
to licensure under Section 32.5 of the Emergency Medical
Services (EMS) Systems Act.
"Freestanding rapid treatment emergency center" means a
facility subject to licensure under Section 32.6 of the
Emergency Medical Services (EMS) Systems Act.
"Category of service" means a grouping by generic class of
various types or levels of support functions, equipment, care,
or treatment provided to patients or residents, including, but
not limited to, classes such as medical-surgical, pediatrics,
or cardiac catheterization. A category of service may include

HB3221 - 13 - LRB099 10156 RPS 30379 b
subcategories or levels of care that identify a particular
degree or type of care within the category of service. Nothing
in this definition shall be construed to include the practice
of a physician or other licensed health care professional while
functioning in an office providing for the care, diagnosis, or
treatment of patients. A category of service that is subject to
the Board's jurisdiction must be designated in rules adopted by
the Board.
"State Board Staff Report" means the document that sets
forth the review and findings of the State Board staff, as
prescribed by the State Board, regarding applications subject
to Board jurisdiction.
(Source: P.A. 97-38, eff. 6-28-11; 97-277, eff. 1-1-12; 97-813,
eff. 7-13-12; 97-980, eff. 8-17-12; 98-414, eff. 1-1-14;
98-629, eff. 1-1-15; 98-651, eff. 6-16-14; 98-1086, eff.
8-26-14; revised 10-22-14.)
(20 ILCS 3960/5.1b new)
Sec. 5.1b. Freestanding rapid treatment emergency centers.
No person shall construct, modify, or establish a freestanding
rapid treatment emergency center in Illinois, or acquire major
medical equipment or make capital expenditures in relation to
such a facility in excess of the capital expenditure minimum,
as defined by this Act, without first obtaining a certificate
of need permit from the State Board in accordance with
criteria, standards, and procedures adopted by the State Board

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for freestanding rapid treatment emergency centers that ensure
the availability of and community access to essential emergency
medical services. The State Board is granted the authority
under this Act to establish provisional certificate of need
permit application guidelines by emergency rule and shall do so
within 120 days of the effective date of this amendatory Act of
the 99th General Assembly.
Section 10. The Emergency Medical Services (EMS) Systems
Act is amended by changing Section 3.20 and by adding Section
32.6 as follows:
(210 ILCS 50/3.20)
Sec. 3.20. Emergency Medical Services (EMS) Systems.
(a) "Emergency Medical Services (EMS) System" means an
organization of hospitals, vehicle service providers and
personnel approved by the Department in a specific geographic
area, which coordinates and provides pre-hospital and
inter-hospital emergency care and non-emergency medical
transports at a BLS, ILS and/or ALS level pursuant to a System
program plan submitted to and approved by the Department, and
pursuant to the EMS Region Plan adopted for the EMS Region in
which the System is located.
(b) One hospital in each System program plan must be
designated as the Resource Hospital. All other hospitals which
are located within the geographic boundaries of a System and

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which have standby, basic or comprehensive level emergency
departments must function in that EMS System as either an
Associate Hospital or Participating Hospital and follow all
System policies specified in the System Program Plan, including
but not limited to the replacement of drugs and equipment used
by providers who have delivered patients to their emergency
departments. All hospitals and vehicle service providers
participating in an EMS System must specify their level of
participation in the System Program Plan.
(c) The Department shall have the authority and
responsibility to:
(1) Approve BLS, ILS and ALS level EMS Systems which
meet minimum standards and criteria established in rules
adopted by the Department pursuant to this Act, including
the submission of a Program Plan for Department approval.
Beginning September 1, 1997, the Department shall approve
the development of a new EMS System only when a local or
regional need for establishing such System has been
verified by the Department. This shall not be construed as
a needs assessment for health planning or other purposes
outside of this Act. Following Department approval, EMS
Systems must be fully operational within one year from the
date of approval.
(2) Monitor EMS Systems, based on minimum standards for
continuing operation as prescribed in rules adopted by the
Department pursuant to this Act, which shall include

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requirements for submitting Program Plan amendments to the
Department for approval.
(3) Renew EMS System approvals every 4 years, after an
inspection, based on compliance with the standards for
continuing operation prescribed in rules adopted by the
Department pursuant to this Act.
(4) Suspend, revoke, or refuse to renew approval of any
EMS System, after providing an opportunity for a hearing,
when findings show that it does not meet the minimum
standards for continuing operation as prescribed by the
Department, or is found to be in violation of its
previously approved Program Plan.
(5) Require each EMS System to adopt written protocols
for the bypassing of or diversion to any hospital, trauma
center or regional trauma center, which provide that a
person shall not be transported to a facility other than
the nearest hospital, regional trauma center or trauma
center unless the medical benefits to the patient
reasonably expected from the provision of appropriate
medical treatment at a more distant facility outweigh the
increased risks to the patient from transport to the more
distant facility, or the transport is in accordance with
the System's protocols for patient choice or refusal.
(6) Require that the EMS Medical Director of an ILS or
ALS level EMS System be a physician licensed to practice
medicine in all of its branches in Illinois, and certified

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by the American Board of Emergency Medicine or the American
Osteopathic Board of Emergency Medicine, and that the EMS
Medical Director of a BLS level EMS System be a physician
licensed to practice medicine in all of its branches in
Illinois, with regular and frequent involvement in
pre-hospital emergency medical services. In addition, all
EMS Medical Directors shall:
(A) Have experience on an EMS vehicle at the
highest level available within the System, or make
provision to gain such experience within 12 months
prior to the date responsibility for the System is
assumed or within 90 days after assuming the position;
(B) Be thoroughly knowledgeable of all skills
included in the scope of practices of all levels of EMS
personnel within the System;
(C) Have or make provision to gain experience
instructing students at a level similar to that of the
levels of EMS personnel within the System; and
(D) For ILS and ALS EMS Medical Directors,
successfully complete a Department-approved EMS
Medical Director's Course.
(7) Prescribe statewide EMS data elements to be
collected and documented by providers in all EMS Systems
for all emergency and non-emergency medical services, with
a one-year phase-in for commencing collection of such data
elements.

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(8) Define, through rules adopted pursuant to this Act,
the terms "Resource Hospital", "Associate Hospital",
"Participating Hospital", "Basic Emergency Department",
"Standby Emergency Department", "Comprehensive Emergency
Department", "EMS Medical Director", "EMS Administrative
Director", and "EMS System Coordinator".
(A) (Blank).
(B) (Blank).
(9) Investigate the circumstances that caused a
hospital in an EMS system to go on bypass status to
determine whether that hospital's decision to go on bypass
status was reasonable. The Department may impose
sanctions, as set forth in Section 3.140 of the Act, upon a
Department determination that the hospital unreasonably
went on bypass status in violation of the Act.
(10) Evaluate the capacity and performance of any
freestanding emergency center established under Section
32.5 of this Act in meeting emergency medical service needs
of the public, including compliance with applicable
emergency medical standards and assurance of the
availability of and immediate access to the highest quality
of medical care possible.
(11) Permit limited EMS System participation by
facilities operated by the United States Department of
Veterans Affairs, Veterans Health Administration. Subject
to patient preference, Illinois EMS providers may

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transport patients to Veterans Health Administration
facilities that voluntarily participate in an EMS System.
Any Veterans Health Administration facility seeking
limited participation in an EMS System shall agree to
comply with all Department administrative rules
implementing this Section. The Department may promulgate
rules, including, but not limited to, the types of Veterans
Health Administration facilities that may participate in
an EMS System and the limitations of participation.
(12) Evaluate the capacity and performance of any
freestanding rapid treatment emergency center established
under Section 32.6 of this Act in meeting emergency medical
service needs of the public, including compliance with
applicable emergency medical standards and assurance of
the availability of and immediate access to the highest
quality of medical care possible.
(Source: P.A. 97-333, eff. 8-12-11; 98-973, eff. 8-15-14.)
(210 ILCS 50/32.6 new)
Sec. 32.6. Freestanding Rapid Treatment Emergency Center.
(a) The Department shall issue an annual Freestanding Rapid
Treatment Emergency Center (FRTEC) license to a facility that
has received a certificate of need permit from the Health
Facilities and Services Review Board to establish a FRTEC and:
(1) is located: (A) in a municipality with a population
in excess of 1,000,000 inhabitants; (B) within or serving

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an area designated by the United States Department of
Health and Human Services as a medically underserved area
or population; (C) within or serving an area designated by
the United States Department of Health and Human Services
as a health professional shortage area; and (D) within one
mile of the location of a general acute care hospital that
closed between January 1, 2013 and December 31, 2013;
(2) is affiliated with, by contractual or other means,
one or more acute care hospitals located within 5 miles of
the FRTEC, which shall serve as backup hospital providers
for the FRTEC, and is not a part of any affiliate
hospital's physical plant;
(3) meets the standards adopted by the Department by
rule for licensed FRTECs, 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 FRTEC 24
hours per day;
(4) limits its participation in the EMS System strictly
to receiving patients within the capabilities of the FRTEC,
which shall be determined according to protocols jointly
developed between the FRTEC and the Resource Hospital in
the relevant trauma region; these protocols must be
approved by the FRTEC's Medical Director, the Resource

HB3221 - 21 - LRB099 10156 RPS 30379 b
Hospital, and the Department;
(5) provides comprehensive emergency treatment
services, as defined in the rules adopted by the Department
under 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;
(7) 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;
(8) maintains a referral network with one or more acute
care backup provider hospitals located within 5 miles of
the FRTEC, on a contractual basis; the contract with the
referral hospital shall include, but not be limited to, a
requirement to maintain a communication system with the
referral hospital;
(9) reports to the Department any patient transfers
from the FRTEC to any of its affiliated acute care
hospitals within 48 hours of the transfer plus any other
data determined to be relevant by the Department;
(10) submits to the Department, on a quarterly basis,
the FRTEC's morbidity and mortality rates for patients
treated at the FRTEC and other data determined to be
relevant by the Department;

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(11) does not describe itself or hold itself out to the
general public as a full service hospital or a hospital's
emergency department in its advertising or marketing
activities;
(12) complies with any other rules adopted by the
Department under this Act that relate to FRTECs;
(13) passes the Department's site inspection for
compliance with the FRTEC requirements of this Act;
(14) submits a copy of the certificate of need permit
issued by the Health Facilities and Services Review Board
indicating that the facility has complied with the Illinois
Health Facilities Planning Act with respect to all health
services to be provided at the FRTEC;
(15) submits an application for designation as a FRTEC
in a manner and form prescribed by the Department by rule;
and
(16) pays the annual license fee as determined by the
Department by rule.
(b) The Department:
(1) shall annually inspect facilities of initial FRTEC
applicants and licensed FRTECs, and issue annual licenses
to or annually relicense FRTECs that satisfy the
Department's licensure requirements as set forth in
subsection (a);
(2) shall suspend, revoke, refuse to issue, or refuse
to renew the license of any FRTEC, after notice and an

HB3221 - 23 - LRB099 10156 RPS 30379 b
opportunity for a hearing, when the Department finds that
the FRTEC has failed to comply with the standards and
requirements of this Act or rules adopted by the Department
under this Act;
(3) shall issue an emergency suspension order for any
FRTEC when the Director or his or her designee has
determined that the continued operation of the FRTEC poses
an immediate and serious danger to the public health,
safety, and welfare; an opportunity for a hearing shall be
promptly initiated after an emergency suspension order has
been issued; and
(4) is granted the authority under this Act to
establish provisional licensure and licensing procedures
under this Act by emergency rule and shall do so within 120
days of the effective date of this amendatory Act of the
99th General Assembly.
Section 15. The Emergency Medical Treatment Act is amended
by changing Section 2 as follows:
(210 ILCS 70/2)
Sec. 2. Findings; prohibited terms.
(a) The Illinois General Assembly makes all of the
following findings:
(1) Hospital emergency services are not always the most
appropriate level of care for patients seeking unscheduled

HB3221 - 24 - LRB099 10156 RPS 30379 b
medical care or for patients who do not have a regular
physician who can treat a significant or acute medical
condition not considered critical, debilitating, or
life-threatening.
(2) Hospital emergency rooms are over-utilized and too
often over-burdened with many injuries or illnesses that
could be managed in a less intensive clinical setting or
physician's office.
(3) Over-utilization of hospital emergency departments
contributes to excess medical and health insurance costs.
(4) The use of the term "emergi-" or a similar term in
a facility's posted or advertised name may confuse the
public and prospective patients regarding the type of
services offered relative to those provided by a hospital
emergency department. There is significant risk to the
public health and safety if persons requiring treatment for
a critical or life-threatening condition inappropriately
use such facilities.
(5) Many times patients are not clearly aware of the
policies and procedures of their insurer or health plan
that must be followed in the use of emergency rooms versus
non-emergent clinics and what rights they have under the
law in regard to appropriately sought emergency care.
(6) There is a need to more effectively educate health
care payers and consumers about the most appropriate use of
the various available levels of medical care and

HB3221 - 25 - LRB099 10156 RPS 30379 b
particularly the use of hospital emergency rooms and
walk-in medical clinics that do not require appointments.
(b) No person, facility, or entity shall hold itself out to
the public as an "emergi-" or "emergent" care center or use any
similar term, as defined by rule, that would give the
impression that emergency medical treatment is provided by the
person or entity or at the facility unless the facility is the
emergency room of a facility licensed as a hospital under the
Hospital Licensing Act or a facility licensed as a freestanding
emergency center or a freestanding rapid treatment emergency
center under the Emergency Medical Services (EMS) Systems Act.
This Section does not prohibit a person, facility, or entity
from holding itself out to the public as an "urgi-" or "urgent"
care center.
(c) Violation of this Section constitutes a business
offense with a minimum fine of $5,000 plus $1,000 per day for a
continuing violation, with a maximum of $25,000.
(d) The Director of Public Health in the name of the people
of the State, through the Attorney General, may bring an action
for an injunction or to restrain a violation of this Section or
the rules adopted pursuant to this Section or to enjoin the
future operation or maintenance of any facility in violation of
this Section or the rules adopted pursuant to this Section.
(e) The Department of Public Health shall adopt rules
necessary for the implementation of this Section.
(Source: P.A. 98-977, eff. 1-1-15.)

HB3221 - 26 - LRB099 10156 RPS 30379 b
Section 20. The Illinois Insurance Code is amended by
adding Section 370b.2 as follows:
(215 ILCS 5/370b.2 new)
Sec. 370b.2. Reimbursement of freestanding rapid treatment
emergency centers.
(a) An individual or group policy of accident and health
insurance shall have copayments or coinsurance for emergency
services provided at a freestanding rapid treatment emergency
center at the same levels the plan provides for emergency
services delivered in other health care facilities covered
under the plan.
(b) Reimbursement to a freestanding rapid treatment
emergency center licensed under the Emergency Medical Services
(EMS) Systems Act that performs emergency services
reimburseable under an individual or group policy of accident
and health insurance shall be at a rate substantially similar
to the rate paid to a hospital licensed under the Hospital
Licensing Act with a hospital-based emergency department or at
a freestanding emergency center licensed under the Emergency
Medical Services (EMS) Systems Act, which shall include, but
not be limited to, facility fees and professional fees.
Section 25. The Health Care Worker Background Check Act is
amended by changing Section 15 as follows:

HB3221 - 27 - LRB099 10156 RPS 30379 b
(225 ILCS 46/15)
Sec. 15. Definitions. In this Act:
"Applicant" means an individual seeking employment with a
health care employer who has received a bona fide conditional
offer of employment.
"Conditional offer of employment" means a bona fide offer
of employment by a health care employer to an applicant, which
is contingent upon the receipt of a report from the Department
of Public Health indicating that the applicant does not have a
record of conviction of any of the criminal offenses enumerated
in Section 25.
"Direct care" means the provision of nursing care or
assistance with feeding, dressing, movement, bathing,
toileting, or other personal needs, including home services as
defined in the Home Health, Home Services, and Home Nursing
Agency Licensing Act. The entity responsible for inspecting and
licensing, certifying, or registering the health care employer
may, by administrative rule, prescribe guidelines for
interpreting this definition with regard to the health care
employers that it licenses.
"Disqualifying offenses" means those offenses set forth in
Section 25 of this Act.
"Employee" means any individual hired, employed, or
retained to which this Act applies.
"Fingerprint-based criminal history records check" means a

HB3221 - 28 - LRB099 10156 RPS 30379 b
livescan fingerprint-based criminal history records check
submitted as a fee applicant inquiry in the form and manner
prescribed by the Department of State Police.
"Health care employer" means:
(1) the owner or licensee of any of the following:
(i) a community living facility, as defined in the
Community Living Facilities Act;
(ii) a life care facility, as defined in the Life
Care Facilities Act;
(iii) a long-term care facility;
(iv) a home health agency, home services agency, or
home nursing agency as defined in the Home Health, Home
Services, and Home Nursing Agency Licensing Act;
(v) a hospice care program or volunteer hospice
program, as defined in the Hospice Program Licensing
Act;
(vi) a hospital, as defined in the Hospital
Licensing Act;
(vii) (blank);
(viii) a nurse agency, as defined in the Nurse
Agency Licensing Act;
(ix) a respite care provider, as defined in the
Respite Program Act;
(ix-a) an establishment licensed under the
Assisted Living and Shared Housing Act;
(x) a supportive living program, as defined in the

HB3221 - 29 - LRB099 10156 RPS 30379 b
Illinois Public Aid Code;
(xi) early childhood intervention programs as
described in 59 Ill. Adm. Code 121;
(xii) the University of Illinois Hospital,
Chicago;
(xiii) programs funded by the Department on Aging
through the Community Care Program;
(xiv) programs certified to participate in the
Supportive Living Program authorized pursuant to
Section 5-5.01a of the Illinois Public Aid Code;
(xv) programs listed by the Emergency Medical
Services (EMS) Systems Act as Freestanding Emergency
Centers or Freestanding Rapid Treatment Emergency
Centers;
(xvi) locations licensed under the Alternative
Health Care Delivery Act;
(2) a day training program certified by the Department
of Human Services;
(3) a community integrated living arrangement operated
by a community mental health and developmental service
agency, as defined in the Community-Integrated Living
Arrangements Licensing and Certification Act; or
(4) the State Long Term Care Ombudsman Program,
including any regional long term care ombudsman programs
under Section 4.04 of the Illinois Act on the Aging, only
for the purpose of securing background checks.

HB3221 - 30 - LRB099 10156 RPS 30379 b
"Initiate" means obtaining from a student, applicant, or
employee his or her social security number, demographics, a
disclosure statement, and an authorization for the Department
of Public Health or its designee to request a fingerprint-based
criminal history records check; transmitting this information
electronically to the Department of Public Health; conducting
Internet searches on certain web sites, including without
limitation the Illinois Sex Offender Registry, the Department
of Corrections' Sex Offender Search Engine, the Department of
Corrections' Inmate Search Engine, the Department of
Corrections Wanted Fugitives Search Engine, the National Sex
Offender Public Registry, and the website of the Health and
Human Services Office of Inspector General to determine if the
applicant has been adjudicated a sex offender, has been a
prison inmate, or has committed Medicare or Medicaid fraud, or
conducting similar searches as defined by rule; and having the
student, applicant, or employee's fingerprints collected and
transmitted electronically to the Department of State Police.
"Livescan vendor" means an entity whose equipment has been
certified by the Department of State Police to collect an
individual's demographics and inkless fingerprints and, in a
manner prescribed by the Department of State Police and the
Department of Public Health, electronically transmit the
fingerprints and required data to the Department of State
Police and a daily file of required data to the Department of
Public Health. The Department of Public Health shall negotiate

HB3221 - 31 - LRB099 10156 RPS 30379 b
a contract with one or more vendors that effectively
demonstrate that the vendor has 2 or more years of experience
transmitting fingerprints electronically to the Department of
State Police and that the vendor can successfully transmit the
required data in a manner prescribed by the Department of
Public Health. Vendor authorization may be further defined by
administrative rule.
"Long-term care facility" means a facility licensed by the
State or certified under federal law as a long-term care
facility, including without limitation facilities licensed
under the Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act of 2013, or the ID/DD Community Care Act, a
supportive living facility, an assisted living establishment,
or a shared housing establishment or registered as a board and
care home.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)
Section 30. The Illinois Public Aid Code is amended by
adding Section 5-35 as follows:
(305 ILCS 5/5-35 new)
Sec. 5-35. Freestanding rapid treatment emergency center
reimbursement. The Illinois Department shall adopt rates to be
paid for services delivered by freestanding rapid treatment
emergency centers licensed under the Emergency Medical

HB3221 - 32 - LRB099 10156 RPS 30379 b
Services (EMS) Systems Act to qualified individuals. The rates
established by the Illinois Department shall be substantially
similar to the rates paid for services delivered to qualified
individuals in an emergency room of a hospital licensed under
the Hospital Licensing Act or a freestanding emergency center
licensed under the Emergency Medical Services (EMS) Systems
Act. Rates shall be established no later than 90 days after the
effective date of this amendatory Act of the 99th General
Assembly.
Section 35. The Abandoned Newborn Infant Protection Act is
amended by changing Section 10 as follows:
(325 ILCS 2/10)
Sec. 10. Definitions. In this Act:
"Abandon" has the same meaning as in the Abused and
Neglected Child Reporting Act.
"Abused child" has the same meaning as in the Abused and
Neglected Child Reporting Act.
"Child-placing agency" means a licensed public or private
agency that receives a child for the purpose of placing or
arranging for the placement of the child in a foster family
home or other facility for child care, apart from the custody
of the child's parents.
"Department" or "DCFS" means the Illinois Department of
Children and Family Services.

HB3221 - 33 - LRB099 10156 RPS 30379 b
"Emergency medical facility" means a freestanding
emergency center, freestanding rapid treatment emergency
center, or trauma center, as defined in the Emergency Medical
Services (EMS) Systems Act.
"Emergency medical professional" includes licensed
physicians, and any emergency medical technician, emergency
medical technician-intermediate, advanced emergency medical
technician, paramedic, trauma nurse specialist, and
pre-hospital registered nurse, as defined in the Emergency
Medical Services (EMS) Systems Act.
"Fire station" means a fire station within the State with
at least one staff person.
"Hospital" has the same meaning as in the Hospital
Licensing Act.
"Legal custody" means the relationship created by a court
order in the best interest of a newborn infant that imposes on
the infant's custodian the responsibility of physical
possession of the infant, the duty to protect, train, and
discipline the infant, and the duty to provide the infant with
food, shelter, education, and medical care, except as these are
limited by parental rights and responsibilities.
"Neglected child" has the same meaning as in the Abused and
Neglected Child Reporting Act.
"Newborn infant" means a child who a licensed physician
reasonably believes is 30 days old or less at the time the
child is initially relinquished to a hospital, police station,

HB3221 - 34 - LRB099 10156 RPS 30379 b
fire station, or emergency medical facility, and who is not an
abused or a neglected child.
"Police station" means a municipal police station, a county
sheriff's office, a campus police department located on any
college or university owned or controlled by the State or any
private college or private university that is not owned or
controlled by the State when employees of the campus police
department are present, or any of the district headquarters of
the Illinois State Police.
"Relinquish" means to bring a newborn infant, who a
licensed physician reasonably believes is 30 days old or less,
to a hospital, police station, fire station, or emergency
medical facility and to leave the infant with personnel of the
facility, if the person leaving the infant does not express an
intent to return for the infant or states that he or she will
not return for the infant. In the case of a mother who gives
birth to an infant in a hospital, the mother's act of leaving
that newborn infant at the hospital (i) without expressing an
intent to return for the infant or (ii) stating that she will
not return for the infant is not a "relinquishment" under this
Act.
"Temporary protective custody" means the temporary
placement of a newborn infant within a hospital or other
medical facility out of the custody of the infant's parent.
(Source: P.A. 97-293, eff. 8-11-11; 98-973, eff. 8-15-14.)

HB3221 - 35 - LRB099 10156 RPS 30379 b
Section 40. The Illinois Controlled Substances Act is
amended by changing Section 318 as follows:
(720 ILCS 570/318)
Sec. 318. Confidentiality of information.
(a) Information received by the central repository under
Section 316 and former Section 321 is confidential.
(b) The Department must carry out a program to protect the
confidentiality of the information described in subsection
(a). The Department may disclose the information to another
person only under subsection (c), (d), or (f) and may charge a
fee not to exceed the actual cost of furnishing the
information.
(c) The Department may disclose confidential information
described in subsection (a) to any person who is engaged in
receiving, processing, or storing the information.
(d) The Department may release confidential information
described in subsection (a) to the following persons:
(1) A governing body that licenses practitioners and is
engaged in an investigation, an adjudication, or a
prosecution of a violation under any State or federal law
that involves a controlled substance.
(2) An investigator for the Consumer Protection
Division of the office of the Attorney General, a
prosecuting attorney, the Attorney General, a deputy
Attorney General, or an investigator from the office of the

HB3221 - 36 - LRB099 10156 RPS 30379 b
Attorney General, who is engaged in any of the following
activities involving controlled substances:
(A) an investigation;
(B) an adjudication; or
(C) a prosecution of a violation under any State or
federal law that involves a controlled substance.
(3) A law enforcement officer who is:
(A) authorized by the Illinois State Police or the
office of a county sheriff or State's Attorney or
municipal police department of Illinois to receive
information of the type requested for the purpose of
investigations involving controlled substances; or
(B) approved by the Department to receive
information of the type requested for the purpose of
investigations involving controlled substances; and
(C) engaged in the investigation or prosecution of
a violation under any State or federal law that
involves a controlled substance.
(e) Before the Department releases confidential
information under subsection (d), the applicant must
demonstrate in writing to the Department that:
(1) the applicant has reason to believe that a
violation under any State or federal law that involves a
controlled substance has occurred; and
(2) the requested information is reasonably related to
the investigation, adjudication, or prosecution of the

HB3221 - 37 - LRB099 10156 RPS 30379 b
violation described in subdivision (1).
(f) The Department may receive and release prescription
record information under Section 316 and former Section 321 to:
(1) a governing body that licenses practitioners;
(2) an investigator for the Consumer Protection
Division of the office of the Attorney General, a
prosecuting attorney, the Attorney General, a deputy
Attorney General, or an investigator from the office of the
Attorney General;
(3) any Illinois law enforcement officer who is:
(A) authorized to receive the type of information
released; and
(B) approved by the Department to receive the type
of information released; or
(4) prescription monitoring entities in other states
per the provisions outlined in subsection (g) and (h)
below;
confidential prescription record information collected under
Sections 316 and 321 (now repealed) that identifies vendors or
practitioners, or both, who are prescribing or dispensing large
quantities of Schedule II, III, IV, or V controlled substances
outside the scope of their practice, pharmacy, or business, as
determined by the Advisory Committee created by Section 320.
(g) The information described in subsection (f) may not be
released until it has been reviewed by an employee of the
Department who is licensed as a prescriber or a dispenser and

HB3221 - 38 - LRB099 10156 RPS 30379 b
until that employee has certified that further investigation is
warranted. However, failure to comply with this subsection (g)
does not invalidate the use of any evidence that is otherwise
admissible in a proceeding described in subsection (h).
(h) An investigator or a law enforcement officer receiving
confidential information under subsection (c), (d), or (f) may
disclose the information to a law enforcement officer or an
attorney for the office of the Attorney General for use as
evidence in the following:
(1) A proceeding under any State or federal law that
involves a controlled substance.
(2) A criminal proceeding or a proceeding in juvenile
court that involves a controlled substance.
(i) The Department may compile statistical reports from the
information described in subsection (a). The reports must not
include information that identifies, by name, license or
address, any practitioner, dispenser, ultimate user, or other
person administering a controlled substance.
(j) Based upon federal, initial and maintenance funding, a
prescriber and dispenser inquiry system shall be developed to
assist the health care community in its goal of effective
clinical practice and to prevent patients from diverting or
abusing medications.
(1) An inquirer shall have read-only access to a
stand-alone database which shall contain records for the
previous 12 months.

HB3221 - 39 - LRB099 10156 RPS 30379 b
(2) Dispensers may, upon positive and secure
identification, make an inquiry on a patient or customer
solely for a medical purpose as delineated within the
federal HIPAA law.
(3) The Department shall provide a one-to-one secure
link and encrypted software necessary to establish the link
between an inquirer and the Department. Technical
assistance shall also be provided.
(4) Written inquiries are acceptable but must include
the fee and the requestor's Drug Enforcement
Administration license number and submitted upon the
requestor's business stationery.
(5) As directed by the Prescription Monitoring Program
Advisory Committee and the Clinical Director for the
Prescription Monitoring Program, aggregate data that does
not indicate any prescriber, practitioner, dispenser, or
patient may be used for clinical studies.
(6) Tracking analysis shall be established and used per
administrative rule.
(7) Nothing in this Act or Illinois law shall be
construed to require a prescriber or dispenser to make use
of this inquiry system.
(8) If there is an adverse outcome because of a
prescriber or dispenser making an inquiry, which is
initiated in good faith, the prescriber or dispenser shall
be held harmless from any civil liability.

HB3221 - 40 - LRB099 10156 RPS 30379 b
(k) The Department shall establish, by rule, the process by
which to evaluate possible erroneous association of
prescriptions to any licensed prescriber or end user of the
Illinois Prescription Information Library (PIL).
(l) The Prescription Monitoring Program Advisory Committee
is authorized to evaluate the need for and method of
establishing a patient specific identifier.
(m) Patients who identify prescriptions attributed to them
that were not obtained by them shall be given access to their
personal prescription history pursuant to the validation
process as set forth by administrative rule.
(n) The Prescription Monitoring Program is authorized to
develop operational push reports to entities with compatible
electronic medical records. The process shall be covered within
administrative rule established by the Department.
(o) Hospital emergency departments and freestanding
healthcare facilities, including, but not limited to,
freestanding emergency centers and freestanding rapid
treatment emergency centers, providing healthcare to walk-in
patients may obtain, for the purpose of improving patient care,
a unique identifier for each shift to utilize the PIL system.
(Source: P.A. 97-334, eff. 1-1-12; 97-813, eff. 7-13-12.)
Section 99. Effective date. This Act takes effect upon
becoming law.
HB3221 - 41 - LRB099 10156 RPS 30379 b
INDEX
Statutes amended in order of appearance