Bill Text: IL HB4482 | 2011-2012 | 97th General Assembly | Introduced
Bill Title: Amends the Emergency Medical Services (EMS) Systems Act. Makes technical changes in a Section concerning freestanding emergency centers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB4482 Detail]
Download: Illinois-2011-HB4482-Introduced.html
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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 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 if | |||||||||||||||||||
12 | the application for the permit has been deemed complete by the | |||||||||||||||||||
13 | Department of Public Health by March 1, 2009, and:
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14 | (1) is located: (A) in a municipality with
a population
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15 | of 75,000 or fewer inhabitants; (B) within 20 miles of the
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16 | hospital that owns or controls the FEC; and (C) within 20 | |||||||||||||||||||
17 | miles of the Resource
Hospital affiliated with the FEC as | |||||||||||||||||||
18 | part of the EMS System;
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19 | (2) is wholly owned or controlled by an Associate or | |||||||||||||||||||
20 | Resource Hospital,
but is not a part of the hospital's | |||||||||||||||||||
21 | physical plant;
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22 | (3) meets the standards for licensed FECs, adopted by | |||||||||||||||||||
23 | rule of the
Department, including, but not limited to:
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1 | (A) facility design, specification, operation, and | ||||||
2 | maintenance
standards;
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3 | (B) equipment standards; and
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4 | (C) the number and qualifications of emergency | ||||||
5 | medical personnel and
other staff, which must include | ||||||
6 | at least one board certified emergency
physician | ||||||
7 | present at the FEC 24 hours per day.
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8 | (4) limits its participation in the EMS System strictly | ||||||
9 | to receiving a
limited number of BLS runs by emergency | ||||||
10 | medical vehicles according to protocols
developed by the | ||||||
11 | Resource Hospital within the FEC's
designated EMS System | ||||||
12 | and approved by the Project Medical Director and the
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13 | Department;
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14 | (5) provides comprehensive emergency treatment | ||||||
15 | services, as defined in the
rules adopted by the Department | ||||||
16 | pursuant to the Hospital Licensing Act, 24
hours per day, | ||||||
17 | on an outpatient basis;
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18 | (6) provides an ambulance and
maintains on site | ||||||
19 | ambulance services staffed with paramedics 24 hours per | ||||||
20 | day;
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21 | (7) (blank);
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22 | (8) complies with all State and federal patient rights | ||||||
23 | provisions,
including, but not limited to, the Emergency | ||||||
24 | Medical Treatment Act and the
federal Emergency
Medical | ||||||
25 | Treatment and Active Labor Act;
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26 | (9) maintains a communications system that is fully |
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1 | integrated with
its Resource Hospital within the FEC's | ||||||
2 | designated EMS System;
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3 | (10) reports to the Department any patient transfers | ||||||
4 | from the FEC to a
hospital within 48 hours of the transfer | ||||||
5 | plus any other
data
determined to be relevant by the | ||||||
6 | Department;
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7 | (11) submits to the Department, on a quarterly basis, | ||||||
8 | the FEC's morbidity
and mortality rates for patients | ||||||
9 | treated at the FEC and other data determined
to be relevant | ||||||
10 | by the Department;
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11 | (12) does not describe itself or hold itself out to the | ||||||
12 | general public as
a full service hospital or hospital | ||||||
13 | emergency department in its advertising or
marketing
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14 | activities;
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15 | (13) complies with any other rules adopted by the
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16 | Department
under this Act that relate to FECs;
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17 | (14) passes the Department's site inspection for | ||||||
18 | compliance with the FEC
requirements of this Act;
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19 | (15) submits a copy of the permit issued by
the Health | ||||||
20 | Facilities and Services Review Board indicating that the | ||||||
21 | facility has complied with the Illinois Health Facilities | ||||||
22 | Planning Act with respect to the health services to be | ||||||
23 | provided at the facility;
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24 | (16) submits an application for designation as an FEC | ||||||
25 | in a manner and form
prescribed by the Department by rule; | ||||||
26 | and
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1 | (17) pays the annual license fee as determined by the | ||||||
2 | Department by
rule.
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3 | (a-5) Notwithstanding any other provision of this Section, | ||||||
4 | the Department may issue an annual FEC license to a facility | ||||||
5 | that is located in a county that does not have a licensed | ||||||
6 | general acute care hospital if the facility's application for a | ||||||
7 | permit from the Illinois Health Facilities Planning Board has | ||||||
8 | been deemed complete by the Department of Public Health by | ||||||
9 | March 1, 2009 and if the facility complies with the | ||||||
10 | requirements set forth in paragraphs (1) through (17) of | ||||||
11 | subsection (a). | ||||||
12 | (a-10) Notwithstanding any other provision of this | ||||||
13 | Section, the Department may issue an annual FEC license to a | ||||||
14 | facility if the facility has, by March 31, 2009, filed a letter | ||||||
15 | of intent to establish an FEC and if the facility complies with | ||||||
16 | the requirements set forth in paragraphs (1) through (17) of | ||||||
17 | subsection (a). | ||||||
18 | (b) The Department shall:
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19 | (1) annually inspect facilities of initial FEC | ||||||
20 | applicants and licensed
FECs, and issue
annual licenses to | ||||||
21 | or annually relicense FECs that
satisfy the Department's | ||||||
22 | licensure requirements as set forth in subsection (a);
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23 | (2) suspend, revoke, refuse to issue, or refuse to | ||||||
24 | renew the license of
any
FEC, after notice and an | ||||||
25 | opportunity for a hearing, when the Department finds
that | ||||||
26 | the FEC has failed to comply with the standards and |
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1 | requirements of the
Act or rules adopted by the Department | ||||||
2 | under the
Act;
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3 | (3) issue an Emergency Suspension Order for any FEC | ||||||
4 | when the
Director or his or her designee has determined | ||||||
5 | that the continued operation of
the FEC poses an immediate | ||||||
6 | and serious danger to
the public health, safety, and | ||||||
7 | welfare.
An opportunity for a
hearing shall be promptly | ||||||
8 | initiated after an Emergency Suspension Order has
been | ||||||
9 | issued; and
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10 | (4) adopt rules as needed to implement this Section.
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11 | (Source: P.A. 96-23, eff. 6-30-09; 96-31, eff. 6-30-09; 96-883, | ||||||
12 | eff. 3-1-10; 96-1000, eff. 7-2-10; 97-333, eff. 8-12-11.)
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