Bill Text: IL HB3716 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois to require the Department of Public Health to take all steps necessary to ensure that Roseland Community Hospital has the facilities, staff, equipment, and other resources necessary to enable it to develop a state-of-the-art mental health facility. Amends the Emergency Medical Services (EMS) Systems Act to require the Department of Public Health to take all steps necessary to ensure that Roseland Community Hospital has the facilities, staff, equipment, and other resources necessary to enable it to obtain designation as a Level I Trauma Center in order to treat shooting victims.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB3716 Detail]

Download: Illinois-2013-HB3716-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB3716 Introduced , by Rep. Monique D. Davis SYNOPSIS AS INTRODUCED:
20 ILCS 2310/2310-685 new
210 ILCS 50/3.90
Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois to require the Department of Public Health to take all steps necessary to ensure that Roseland Community Hospital has the facilities, staff, equipment, and other resources necessary to enable it to develop a state-of-the-art mental health facility. Amends the Emergency Medical Services (EMS) Systems Act to require the Department of Public Health to take all steps necessary to ensure that Roseland Community Hospital has the facilities, staff, equipment, and other resources necessary to enable it to obtain designation as a Level I Trauma Center in order to treat shooting victims.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning health facilities.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by adding Section 2310-685 as follows:
(20 ILCS 2310/2310-685 new)
Sec. 2310-685. Roseland Community Hospital mental health
facility. The Department shall take all steps necessary to
ensure that Roseland Community Hospital, located at 45 West
111th Street, Chicago, has the facilities, staff, equipment,
and other resources necessary to enable it to develop a
state-of-the-art mental health facility.
Section 10. The Emergency Medical Services (EMS) Systems
Act is amended by changing Section 3.90 as follows:
(210 ILCS 50/3.90)
Sec. 3.90. Trauma Center Designations.
(a) "Trauma Center" means a hospital which: (1) within
designated capabilities provides optimal care to trauma
patients; (2) participates in an approved EMS System; and (3)
is duly designated pursuant to the provisions of this Act.

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Level I Trauma Centers shall provide all essential services
in-house, 24 hours per day, in accordance with rules adopted by
the Department pursuant to this Act. Level II Trauma Centers
shall have some essential services available in-house, 24 hours
per day, and other essential services readily available, 24
hours per day, in accordance with rules adopted by the
Department pursuant to this Act.
(b) The Department shall have the authority and
responsibility to:
(1) Establish minimum standards for designation as a
Level I or Level II Trauma Center, consistent with Sections
22 and 23 of this Act, through rules adopted pursuant to
this Act;
(2) Require hospitals applying for trauma center
designation to submit a plan for designation in a manner
and form prescribed by the Department through rules adopted
pursuant to this Act;
(3) Upon receipt of a completed plan for designation,
conduct a site visit to inspect the hospital for compliance
with the Department's minimum standards. Such visit shall
be conducted by specially qualified personnel with
experience in the delivery of emergency medical and/or
trauma care. A report of the inspection shall be provided
to the Director within 30 days of the completion of the
site visit. The report shall note compliance or lack of
compliance with the individual standards for designation,

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but shall not offer a recommendation on granting or denying
designation;
(4) Designate applicant hospitals as Level I or Level
II Trauma Centers which meet the minimum standards
established by this Act and the Department. Beginning
September 1, 1997 the Department shall designate a new
trauma center only when a local or regional need for such
trauma center has been identified. The Department shall
request an assessment of local or regional need from the
applicable EMS Region's Trauma Center Medical Directors
Committee, with advice from the Regional Trauma Advisory
Committee. This shall not be construed as a needs
assessment for health planning or other purposes outside of
this Act;
(5) Attempt to designate trauma centers in all areas of
the State. There shall be at least one Level I Trauma
Center serving each EMS Region, unless waived by the
Department. This subsection shall not be construed to
require a Level I Trauma Center to be located in each EMS
Region. Level I Trauma Centers shall serve as resources for
the Level II Trauma Centers in the EMS Regions. The extent
of such relationships shall be defined in the EMS Region
Plan;
(6) Inspect designated trauma centers to assure
compliance with the provisions of this Act and the rules
adopted pursuant to this Act. Information received by the

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Department through filed reports, inspection, or as
otherwise authorized under this Act shall not be disclosed
publicly in such a manner as to identify individuals or
hospitals, except in proceedings involving the denial,
suspension or revocation of a trauma center designation or
imposition of a fine on a trauma center;
(7) Renew trauma center designations every 2 years,
after an on-site inspection, based on compliance with
renewal requirements and standards for continuing
operation, as prescribed by the Department through rules
adopted pursuant to this Act;
(8) Refuse to issue or renew a trauma center
designation, after providing an opportunity for a hearing,
when findings show that it does not meet the standards and
criteria prescribed by the Department;
(9) Review and determine whether a trauma center's
annual morbidity and mortality rates for trauma patients
significantly exceed the State average for such rates,
using a uniform recording methodology based on nationally
recognized standards. Such determination shall be
considered as a factor in any decision by the Department to
renew or refuse to renew a trauma center designation under
this Act, but shall not constitute the sole basis for
refusing to renew a trauma center designation;
(10) Take the following action, as appropriate, after
determining that a trauma center is in violation of this

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Act or any rule adopted pursuant to this Act:
(A) If the Director determines that the violation
presents a substantial probability that death or
serious physical harm will result and if the trauma
center fails to eliminate the violation immediately or
within a fixed period of time, not exceeding 10 days,
as determined by the Director, the Director may
immediately revoke the trauma center designation. The
trauma center may appeal the revocation within 15 days
after receiving the Director's revocation order, by
requesting a hearing as provided by Section 29 of this
Act. The Director shall notify the chair of the
Region's Trauma Center Medical Directors Committee and
EMS Medical Directors for appropriate EMS Systems of
such trauma center designation revocation;
(B) If the Director determines that the violation
does not present a substantial probability that death
or serious physical harm will result, the Director
shall issue a notice of violation and request a plan of
correction which shall be subject to the Department's
approval. The trauma center shall have 10 days after
receipt of the notice of violation in which to submit a
plan of correction. The Department may extend this
period for up to 30 days. The plan shall include a
fixed time period not in excess of 90 days within which
violations are to be corrected. The plan of correction

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and the status of its implementation by the trauma
center shall be provided, as appropriate, to the EMS
Medical Directors for appropriate EMS Systems. If the
Department rejects a plan of correction, it shall send
notice of the rejection and the reason for the
rejection to the trauma center. The trauma center shall
have 10 days after receipt of the notice of rejection
in which to submit a modified plan. If the modified
plan is not timely submitted, or if the modified plan
is rejected, the trauma center shall follow an approved
plan of correction imposed by the Department. If, after
notice and opportunity for hearing, the Director
determines that a trauma center has failed to comply
with an approved plan of correction, the Director may
revoke the trauma center designation. The trauma
center shall have 15 days after receiving the
Director's notice in which to request a hearing. Such
hearing shall conform to the provisions of Section 30
of this Act;
(11) The Department may delegate authority to local
health departments in jurisdictions which include a
substantial number of trauma centers. The delegated
authority to those local health departments shall include,
but is not limited to, the authority to designate trauma
centers with final approval by the Department, maintain a
regional data base with concomitant reporting of trauma

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registry data, and monitor, inspect and investigate trauma
centers within their jurisdiction, in accordance with the
requirements of this Act and the rules promulgated by the
Department;
(A) The Department shall monitor the performance
of local health departments with authority delegated
pursuant to this Section, based upon performance
criteria established in rules promulgated by the
Department;
(B) Delegated authority may be revoked for
substantial non-compliance with the Department's
rules. Notice of an intent to revoke shall be served
upon the local health department by certified mail,
stating the reasons for revocation and offering an
opportunity for an administrative hearing to contest
the proposed revocation. The request for a hearing must
be received by the Department within 10 working days of
the local health department's receipt of notification;
(C) The director of a local health department may
relinquish its delegated authority upon 60 days
written notification to the Director of Public Health.
(c) The Department shall take all steps necessary to ensure
that Roseland Community Hospital, located at 45 West 111th
Street, Chicago, has the facilities, staff, equipment, and
other resources necessary to enable it to obtain designation as
a Level I Trauma Center in order to treat shooting victims.

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(Source: P.A. 89-177, eff. 7-19-95.)