Bill Text: IL SB0628 | 2013-2014 | 98th General Assembly | Amended

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

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Bill Title: Amends the Cable and Video Competition Law of 2007 in the Public Utilities Act. Makes a technical change in a Section concerning the short title of the Article.

Spectrum: Moderate Partisan Bill (Democrat 8-1)

Status: (Failed) 2015-01-13 - Session Sine Die [SB0628 Detail]

Download: Illinois-2013-SB0628-Amended.html

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Sen. Heather A. Steans

Filed: 5/8/2013

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AMENDMENT TO SENATE BILL 628
AMENDMENT NO. ______. Amend Senate Bill 628 by replacing
everything after the enacting clause with the following:
"Section 1. The Emergency Medical Services (EMS) Systems
Act is amended by changing Section 3.190 as follows:
(210 ILCS 50/3.190)
Sec. 3.190. Emergency Department Classifications. The
Department shall have the authority and responsibility to:
(a) Establish criteria for classifying the emergency
departments of all hospitals within the State as
Comprehensive, Basic, or Standby. In establishing such
criteria, the Department may consult with the Illinois
Hospital Licensing Board and incorporate by reference all
or part of existing standards adopted as rules pursuant to
the Hospital Licensing Act or Emergency Medical Treatment
Act;

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(b) Classify the emergency departments of all
hospitals within the State in accordance with this Section;
(c) Annually publish, and distribute to all EMS
Systems, a list reflecting the classification of all
emergency departments.
(d) For the purposes of paragraphs (a) and (b) of this
Section, long-term acute care hospitals, rehabilitation
hospitals, and psychiatric hospitals, as defined under the
Hospital Emergency Service Act, are not required to provide
hospital emergency services. Long-term acute care hospitals,
rehabilitation hospitals, and psychiatric hospitals with no
emergency department and shall be classified as not available.
(Source: P.A. 97-667, eff. 1-13-12; revised 8-3-12.)
Section 3. The Hospital Emergency Service Act is amended by
changing Sections 1 and 1.3 as follows:
(210 ILCS 80/1) (from Ch. 111 1/2, par. 86)
Sec. 1. 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,
rehabilitation hospitals, and psychiatric 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

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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 is
brought to a hospital by ambulance or specialized emergency
medical services vehicle as defined in the Emergency Medical
Services (EMS) Systems Act.
(Source: P.A. 97-667, eff. 1-13-12.)
(210 ILCS 80/1.3)
Sec. 1.3. Long-term acute care hospitals, rehabilitation
hospitals, and psychiatric hospitals. For the purpose of this
Act, general acute care hospitals designated by Medicare as
long-term acute care hospitals, rehabilitation hospitals, and
psychiatric hospitals are not required to provide hospital
emergency services described in Section 1 of this Act.
Hospitals defined in this Section may provide hospital
emergency services at their option.
Any long-term acute care hospital defined in this Section
that opts to discontinue or otherwise not provide emergency
services described in Section 1 shall:
(1) comply with all provisions of the federal Emergency
Medical Treatment and & Labor Act (EMTALA);
(2) comply with all provisions required under the
Social Security Act;
(3) provide annual notice to communities in the

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hospital's service area about available emergency medical
services; and
(4) make educational materials available to
individuals who are present at the hospital concerning the
availability of medical services within the hospital's
service area.
Long-term acute care hospitals that operate standby
emergency services as of January 1, 2011 may discontinue
hospital emergency services by notifying the Department of
Public Health. Long-term acute care hospitals that operate
basic or comprehensive emergency services must notify the
Health Facilities and Services Review Board and follow the
appropriate procedures.
Any rehabilitation hospital or psychiatric hospital that
opts to discontinue or otherwise not provide emergency services
described in Section 1 shall:
(1) comply with all provisions of the federal Emergency
Medical Treatment and Active Labor Act (EMTALA);
(2) comply with all provisions required under the
Social Security Act;
(3) provide annual notice to communities in the
hospital's service area about available emergency medical
services;
(4) make educational materials available to
individuals who are present at the hospital concerning the
availability of medical services within the hospital's

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service area;
(5) not use the term "hospital" in their name or on any
signage; and
(6) notify in writing the Department and the Health
Facilities and Services Review Board of the
discontinuation.
(Source: P.A. 97-667, eff. 1-13-12.)
Section 5. The Hospital Licensing Act is amended by
changing Sections 5 and 6 and by adding Section 14.5 as
follows:
(210 ILCS 85/5) (from Ch. 111 1/2, par. 146)
Sec. 5. (a) An application for a permit to establish a
hospital shall be made to the Department upon forms provided by
it. This application shall contain such information as the
Department reasonably requires, which shall include
affirmative evidence on which the Director may make the
findings required under Section 6a of this Act.
(b) An application for a license to open, conduct, operate,
and maintain a hospital shall be made to the Department upon
forms provided by it, accompanied by a license fee of $55 per
bed, or such lesser amount as the Department may establish by
administrative rule in consultation with the Department of
Healthcare and Family Services to comply with the limitations
on health care-related taxes imposed by 42 U.S.C. 1396b(w)

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that, if violated, would result in reductions to the amount of
federal financial participation received by the State for
Medicaid expenditures, and shall contain such information as
the Department reasonably requires, which may include
affirmative evidence of ability to comply with the provisions
of this Act and the standards, rules, and regulations,
promulgated by virtue thereof.
(c) All applications required under this Section shall be
signed by the applicant and shall be verified. Applications on
behalf of a corporation or association or a governmental unit
or agency shall be made and verified by any two officers
thereof.
(Source: Laws 1965, p. 2350.)
(210 ILCS 85/6) (from Ch. 111 1/2, par. 147)
Sec. 6. (a) Upon receipt of an application for a permit to
establish a hospital the Director shall issue a permit if he
finds (1) that the applicant is fit, willing, and able to
provide a proper standard of hospital service for the community
with particular regard to the qualification, background, and
character of the applicant, (2) that the financial resources
available to the applicant demonstrate an ability to construct,
maintain, and operate a hospital in accordance with the
standards, rules, and regulations adopted pursuant to this Act,
and (3) that safeguards are provided which assure hospital
operation and maintenance consistent with the public interest

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having particular regard to safe, adequate, and efficient
hospital facilities and services.
The Director may request the cooperation of county and
multiple-county health departments, municipal boards of
health, and other governmental and non-governmental agencies
in obtaining information and in conducting investigations
relating to such applications.
A permit to establish a hospital shall be valid only for
the premises and person named in the application for such
permit and shall not be transferable or assignable.
In the event the Director issues a permit to establish a
hospital the applicant shall thereafter submit plans and
specifications to the Department in accordance with Section 8
of this Act.
(b) Upon receipt of an application for license to open,
conduct, operate, and maintain a hospital, the Director shall
issue a license if he finds the applicant and the hospital
facilities comply with standards, rules, and regulations
promulgated under this Act. A license, unless sooner suspended
or revoked, shall be renewable annually upon approval by the
Department and payment of a license fee as established pursuant
to Section 5 of this Act. Each license shall be issued only for
the premises and persons named in the application and shall not
be transferable or assignable. Licenses shall be posted in a
conspicuous place on the licensed premises. The Department may,
either before or after the issuance of a license, request the

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cooperation of the State Fire Marshal, county and multiple
county health departments, or municipal boards of health to
make investigations to determine if the applicant or licensee
is complying with the minimum standards prescribed by the
Department. The report and recommendations of any such agency
shall be in writing and shall state with particularity its
findings with respect to compliance or noncompliance with such
minimum standards, rules, and regulations.
The Director may issue a provisional license to any
hospital which does not substantially comply with the
provisions of this Act and the standards, rules, and
regulations promulgated by virtue thereof provided that he
finds that such hospital has undertaken changes and corrections
which upon completion will render the hospital in substantial
compliance with the provisions of this Act, and the standards,
rules, and regulations adopted hereunder, and provided that the
health and safety of the patients of the hospital will be
protected during the period for which such provisional license
is issued. The Director shall advise the licensee of the
conditions under which such provisional license is issued,
including the manner in which the hospital facilities fail to
comply with the provisions of the Act, standards, rules, and
regulations, and the time within which the changes and
corrections necessary for such hospital facilities to
substantially comply with this Act, and the standards, rules,
and regulations of the Department relating thereto shall be

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completed.
(Source: P.A. 80-56.)
(210 ILCS 85/14.5 new)
Sec. 14.5. Hospital Licensure Fund.
(a) There is created in the State treasury the Hospital
Licensure Fund. The Fund is created for the purpose of
providing funding for the administration of the licensure
program and patient safety and quality initiatives for
hospitals, including, without limitation, the implementation
of the Illinois Adverse Health Care Events Reporting Law of
2005.
(b) The Fund shall consist of the following:
(1) fees collected pursuant to this Section;
(2) federal matching funds received by the State as a
result of expenditures made by the Department that are
attributable to moneys deposited in the Fund;
(3) interest earned on moneys deposited in the Fund;
and
(4) other moneys received for the Fund from any other
source, including interest earned thereon.
(c) Disbursements from the Fund shall be made only for:
(1) initially, the implementation of the Illinois
Adverse Health Care Events Reporting Law of 2005;
(2) subsequently, programs, information, or
assistance, including measures to address public

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complaints, designed to measurably improve quality and
patient safety; and
(3) the reimbursement of moneys collected by the
Department through error or mistake.
(d) The uses described in paragraphs (1) and (2) of
subsection (c) shall be developed in conjunction with a
statewide organization representing a majority of hospitals.
Section 8. The Illinois Adverse Health Care Events
Reporting Law of 2005 is amended by changing Sections 10-10 and
10-15 as follows:
(410 ILCS 522/10-10)
Sec. 10-10. Definitions. As used in this Law, the following
terms have the following meanings:
"Adverse health care event" means any event identified as a
serious reportable event by the National Quality Forum on the
effective date of this amendatory Act of the 98th General
Assembly. The Department shall adopt, by rule, the list of
adverse health care events. The rules in effect on May 1, 2013,
that define "adverse health care event" shall remain in effect
until new rules are adopted in accordance with this amendatory
Act of the 98th General Assembly. If the National Quality Forum
thereafter revises its list of serious reportable events
through addition, deletion, or modification, then the term
"adverse health care event" for purposes of this Law shall be

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similarly revised, effective no sooner than 6 months after the
revision by the National Quality Forum. described in
subsections (b) through (g) of Section 10-15.
"Department" means the Illinois Department of Public
Health.
"Health care facility" means a hospital maintained by the
State or any department or agency thereof where such department
or agency has authority under law to establish and enforce
standards for the hospital under its management and control, a
hospital maintained by any university or college established
under the laws of this State and supported principally by
public funds raised by taxation, a hospital licensed under the
Hospital Licensing Act, a hospital organized under the
University of Illinois Hospital Act, and an ambulatory surgical
treatment center licensed under the Ambulatory Surgical
Treatment Center Act.
(Source: P.A. 94-242, eff. 7-18-05.)
(410 ILCS 522/10-15)
Sec. 10-15. Health care facility requirements to report,
analyze, and correct.
(a) Reports of adverse health care events required. Each
health care facility shall report to the Department the
occurrence of any of the adverse health care events described
in subsections (b) through (g) no later than 30 days after
discovery of the event. The report shall be filed in a format

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specified by the Department and shall identify the health care
facility, but shall not include any information identifying or
that tends to identify any of the health care professionals,
employees, or patients involved.
(b) (Blank). Surgical events. Events reportable under this
subsection are:
(1) Surgery performed on a wrong body part that is not
consistent with the documented informed consent for that
patient. Reportable events under this clause do not include
situations requiring prompt action that occur in the course
of surgery or situations whose urgency precludes obtaining
informed consent.
(2) Surgery performed on the wrong patient.
(3) The wrong surgical procedure performed on a patient
that is not consistent with the documented informed consent
for that patient. Reportable events under this clause do
not include situations requiring prompt action that occur
in the course of surgery or situations whose urgency
precludes obtaining informed consent.
(4) Retention of a foreign object in a patient after
surgery or other procedure, excluding objects
intentionally implanted as part of a planned intervention
and objects present prior to surgery that are intentionally
retained.
(5) Death during or immediately after surgery of a
normal, healthy patient who has no organic, physiologic,

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biochemical, or psychiatric disturbance and for whom the
pathologic processes for which the operation is to be
performed are localized and do not entail a systemic
disturbance.
(c) (Blank). Product or device events. Events reportable
under this subsection are:
(1) Patient death or serious disability associated
with the use of contaminated drugs, devices, or biologics
provided by the health care facility when the contamination
is the result of generally detectable contaminants in
drugs, devices, or biologics regardless of the source of
the contamination or the product.
(2) Patient death or serious disability associated
with the use or function of a device in patient care in
which the device is used or functions other than as
intended. "Device" includes, but is not limited to,
catheters, drains, and other specialized tubes, infusion
pumps, and ventilators.
(3) Patient death or serious disability associated
with intravascular air embolism that occurs while being
cared for in a health care facility, excluding deaths
associated with neurosurgical procedures known to present
a high risk of intravascular air embolism.
(d) (Blank). Patient protection events. Events reportable
under this subsection are:
(1) An infant discharged to the wrong person.

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(2) Patient death or serious disability associated
with patient disappearance for more than 4 hours, excluding
events involving adults who have decision-making capacity.
(3) Patient suicide or attempted suicide resulting in
serious disability while being cared for in a health care
facility due to patient actions after admission to the
health care facility, excluding deaths resulting from
self-inflicted injuries that were the reason for admission
to the health care facility.
(e) (Blank). Care management events. Events reportable
under this subsection are:
(1) Patient death or serious disability associated
with a medication error, including, but not limited to,
errors involving the wrong drug, the wrong dose, the wrong
patient, the wrong time, the wrong rate, the wrong
preparation, or the wrong route of administration,
excluding reasonable differences in clinical judgment on
drug selection and dose.
(2) Patient death or serious disability associated
with a hemolytic reaction due to the administration of
ABO-incompatible blood or blood products.
(3) Maternal death or serious disability associated
with labor or delivery in a low-risk pregnancy while being
cared for in a health care facility, excluding deaths from
pulmonary or amniotic fluid embolism, acute fatty liver of
pregnancy, or cardiomyopathy.

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(4) Patient death or serious disability directly
related to hypoglycemia, the onset of which occurs while
the patient is being cared for in a health care facility
for a condition unrelated to hypoglycemia.
(f) (Blank). Environmental events. Events reportable under
this subsection are:
(1) Patient death or serious disability associated
with an electric shock while being cared for in a health
care facility, excluding events involving planned
treatments such as electric countershock.
(2) Any incident in which a line designated for oxygen
or other gas to be delivered to a patient contains the
wrong gas or is contaminated by toxic substances.
(3) Patient death or serious disability associated
with a burn incurred from any source while being cared for
in a health care facility that is not consistent with the
documented informed consent for that patient. Reportable
events under this clause do not include situations
requiring prompt action that occur in the course of surgery
or situations whose urgency precludes obtaining informed
consent.
(4) Patient death associated with a fall while being
cared for in a health care facility.
(5) Patient death or serious disability associated
with the use of restraints or bedrails while being cared
for in a health care facility.

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(g) (Blank). Physical security events. Events reportable
under this subsection are:
(1) Any instance of care ordered by or provided by
someone impersonating a physician, nurse, pharmacist, or
other licensed health care provider.
(2) Abduction of a patient of any age.
(3) Sexual assault on a patient within or on the
grounds of a health care facility.
(4) Death or significant injury of a patient or staff
member resulting from a physical assault that occurs within
or on the grounds of a health care facility.
(g-5) If the adverse health care events subject to this Law
are revised as described in Section 10-10, then the Department
shall provide notice to all affected health care facilities
promptly upon the revision and shall inform affected health
care facilities of the effective date of the revision for
purposes of reporting under this Law.
(h) Definitions. As pertains to an adverse health care
event used in this Section 10-15:
"Death" means patient death related to an adverse event
and not related solely to the natural course of the patient's
illness or underlying condition. Events otherwise reportable
under this Section 10-15 shall be reported even if the death
might have otherwise occurred as the natural course of the
patient's illness or underlying condition.
"Serious disability" means a physical or mental

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impairment, including loss of a body part, related to an
adverse event and not related solely to the natural course of
the patient's illness or underlying condition, that
substantially limits one or more of the major life activities
of an individual or a loss of bodily function, if the
impairment or loss lasts more than 7 days prior to discharge or
is still present at the time of discharge from an inpatient
health care facility.
(Source: P.A. 94-242, eff. 7-18-05.)
Section 10. The State Finance Act is amended by adding
Section 5.826 as follows:
(30 ILCS 105/5.826 new)
Sec. 5.826. The Hospital Licensure Fund.
Section 99. Effective date. This Act takes effect upon
becoming law.".