Bill Text: IL SB0321 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends the Nursing Home Care Act. Provides that if the Director of Public Health determines that it would be in the best interests of the residents of a nursing home to do so, the Director may require that the nursing home use the amount of any penalty assessed under the Act for the purpose of implementing a directed plan of correction rather than pay the amount of the penalty to the Department of Public Health for deposit into the Long Term Care Monitor/Receiver Fund. Provides that if the Director of Public Health requires a facility to use the amount of a penalty for the purpose of implementing a directed plan of correction, it is the Department of Public Health's responsibility to ensure that the facility in fact uses the amount of the penalty for that purpose. Effective immediately.
Spectrum: Moderate Partisan Bill (Democrat 7-2)
Status: (Passed) 2010-03-01 - Public Act . . . . . . . . . 96-0883 [SB0321 Detail]
Download: Illinois-2009-SB0321-Enrolled.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,
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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) Until June 30, 2009, the Department shall issue an | ||||||
9 | annual Freestanding Emergency Center (FEC)
license to any | ||||||
10 | facility that:
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11 | (1) is located: (A) in a municipality with
a population
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12 | of 75,000 or fewer inhabitants; (B) within 20 miles of the
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13 | hospital that owns or controls the FEC; and (C) within 20 | ||||||
14 | miles of the Resource
Hospital affiliated with the FEC as | ||||||
15 | part of the EMS System;
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16 | (2) is wholly owned or controlled by an Associate or | ||||||
17 | Resource Hospital,
but is not a part of the hospital's | ||||||
18 | physical plant;
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19 | (3) meets the standards for licensed FECs, adopted by | ||||||
20 | rule of the
Department, including, but not limited to:
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21 | (A) facility design, specification, operation, and | ||||||
22 | maintenance
standards;
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23 | (B) equipment standards; and
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1 | (C) the number and qualifications of emergency | ||||||
2 | medical personnel and
other staff, which must include | ||||||
3 | at least one board certified emergency
physician | ||||||
4 | present at the FEC 24 hours per day.
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5 | (4) limits its participation in the EMS System strictly | ||||||
6 | to receiving a
limited number of BLS runs by emergency | ||||||
7 | medical vehicles according to protocols
developed by the | ||||||
8 | Resource Hospital within the FEC's
designated EMS System | ||||||
9 | and approved by the Project Medical Director and the
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10 | Department;
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11 | (5) provides comprehensive emergency treatment | ||||||
12 | services, as defined in the
rules adopted by the Department | ||||||
13 | pursuant to the Hospital Licensing Act, 24
hours per day, | ||||||
14 | on an outpatient basis;
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15 | (6) provides an ambulance and
maintains on site | ||||||
16 | ambulance services staffed with paramedics 24 hours per | ||||||
17 | day;
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18 | (7) maintains helicopter landing capabilities approved | ||||||
19 | by appropriate
State and federal authorities;
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20 | (8) complies with all State and federal patient rights | ||||||
21 | provisions,
including, but not limited to, the Emergency | ||||||
22 | Medical Treatment Act and the
federal Emergency
Medical | ||||||
23 | Treatment and Active Labor Act;
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24 | (9) maintains a communications system that is fully | ||||||
25 | integrated with
its Resource Hospital within the FEC's | ||||||
26 | designated EMS System;
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1 | (10) reports to the Department any patient transfers | ||||||
2 | from the FEC to a
hospital within 48 hours of the transfer | ||||||
3 | plus any other
data
determined to be relevant by the | ||||||
4 | Department;
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5 | (11) submits to the Department, on a quarterly basis, | ||||||
6 | the FEC's morbidity
and mortality rates for patients | ||||||
7 | treated at the FEC and other data determined
to be relevant | ||||||
8 | by the Department;
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9 | (12) does not describe itself or hold itself out to the | ||||||
10 | general public as
a full service hospital or hospital | ||||||
11 | emergency department in its advertising or
marketing
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12 | activities;
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13 | (13) complies with any other rules adopted by the
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14 | Department
under this Act that relate to FECs;
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15 | (14) passes the Department's site inspection for | ||||||
16 | compliance with the FEC
requirements of this Act;
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17 | (15) submits a copy of the permit issued by
the | ||||||
18 | Illinois Health Facilities Planning Board indicating that | ||||||
19 | the facility has complied with the Illinois Health | ||||||
20 | Facilities Planning Act with respect to the health services | ||||||
21 | to be provided at the facility;
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22 | (16) submits an application for designation as an FEC | ||||||
23 | in a manner and form
prescribed by the Department by rule; | ||||||
24 | and
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25 | (17) pays the annual license fee as determined by the | ||||||
26 | Department by
rule.
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1 | (a-5) Notwithstanding any other provision of this Section, | ||||||
2 | the Department may issue an annual FEC license to a facility | ||||||
3 | that is located in a county that does not have a licensed | ||||||
4 | general acute care hospital if the facility's application for a | ||||||
5 | permit from the Illinois Health Facilities Planning Board has | ||||||
6 | been deemed complete by the Department of Public Health by | ||||||
7 | March 1, 2009 and if the facility complies with the | ||||||
8 | requirements set forth in paragraphs (1) through (17) of | ||||||
9 | subsection (a). | ||||||
10 | (a-10) Notwithstanding any other provision of this | ||||||
11 | Section, the Department may issue an annual FEC license to a | ||||||
12 | facility if the facility has, by March 31, 2009, filed a letter | ||||||
13 | of intent to establish an FEC and if the facility complies with | ||||||
14 | the requirements set forth in paragraphs (1) through (17) of | ||||||
15 | subsection (a). | ||||||
16 | (b) The Department shall:
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17 | (1) annually inspect facilities of initial FEC | ||||||
18 | applicants and licensed
FECs, and issue
annual licenses to | ||||||
19 | or annually relicense FECs that
satisfy the Department's | ||||||
20 | licensure requirements as set forth in subsection (a);
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21 | (2) suspend, revoke, refuse to issue, or refuse to | ||||||
22 | renew the license of
any
FEC, after notice and an | ||||||
23 | opportunity for a hearing, when the Department finds
that | ||||||
24 | the FEC has failed to comply with the standards and | ||||||
25 | requirements of the
Act or rules adopted by the Department | ||||||
26 | under the
Act;
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1 | (3) issue an Emergency Suspension Order for any FEC | ||||||
2 | when the
Director or his or her designee has determined | ||||||
3 | that the continued operation of
the FEC poses an immediate | ||||||
4 | and serious danger to
the public health, safety, and | ||||||
5 | welfare.
An opportunity for a
hearing shall be promptly | ||||||
6 | initiated after an Emergency Suspension Order has
been | ||||||
7 | issued; and
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8 | (4) adopt rules as needed to implement this Section.
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9 | (Source: P.A. 95-584, eff. 8-31-07.)
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10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.
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