Bill Text: IL HB4388 | 2015-2016 | 99th General Assembly | Chaptered
Bill Title: Amends the Emergency Medical Services (EMS) Systems Act. Requires a freestanding emergency center (FEC) to limits its participation in the EMS System strictly to receiving a limited number of ambulance runs by emergency medical vehicles as pre-approved by both the EMS Medical Director and the Department of Public Health and according to the FEC's 24-hour capabilities and protocols developed by the Resource Hospital within the FEC's designated EMS System. Effective immediately.
Sponsorship: Bipartisan Bill
Status: (Passed) 2016-08-05 - Public Act . . . . . . . . . 99-0710 [HB4388 Detail]
Download: Illinois-2015-HB4388-Chaptered.html
| ||||
| Public Act 099-0710 | ||||
| ||||
| ||||
AN ACT concerning regulation.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Emergency Medical Services (EMS) Systems Act | ||||
is amended by changing Section 32.5 as follows:
| ||||
(210 ILCS 50/32.5)
| ||||
Sec. 32.5. Freestanding Emergency Center.
| ||||
(a) The Department shall issue an annual Freestanding | ||||
Emergency Center (FEC)
license to any facility that has | ||||
received a permit from the Health Facilities and Services | ||||
Review Board to establish a Freestanding Emergency Center by | ||||
January 1, 2015, and:
| ||||
(1) is located: (A) in a municipality with
a population
| ||||
of 50,000 or fewer inhabitants; (B) within 50 miles of the
| ||||
hospital that owns or controls the FEC; and (C) within 50 | ||||
miles of the Resource
Hospital affiliated with the FEC as | ||||
part of the EMS System;
| ||||
(2) is wholly owned or controlled by an Associate or | ||||
Resource Hospital,
but is not a part of the hospital's | ||||
physical plant;
| ||||
(3) meets the standards for licensed FECs, adopted by | ||||
rule of the
Department, 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 FEC 24 hours per day.
| ||
(4) limits its participation in the EMS System strictly | ||
to receiving a
limited number of patients by ambulance: (A) | ||
BLS runs by emergency medical vehicles according to the | ||
FEC's 24-hour capabilities; (B) according to protocols
| ||
developed by the Resource Hospital within the FEC's
| ||
designated EMS System; and (C) as pre-approved by both the | ||
EMS Medical Director and the Department and approved by the | ||
Project Medical Director and the
Department;
| ||
(5) provides comprehensive emergency treatment | ||
services, as defined in the
rules adopted by the Department | ||
pursuant to 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) (blank);
| ||
(8) 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;
| ||
(9) maintains a communications system that is fully | ||
integrated with
its Resource Hospital within the FEC's | ||
designated EMS System;
| ||
(10) reports to the Department any patient transfers | ||
from the FEC to a
hospital within 48 hours of the transfer | ||
plus any other
data
determined to be relevant by the | ||
Department;
| ||
(11) submits to the Department, on a quarterly basis, | ||
the FEC's morbidity
and mortality rates for patients | ||
treated at the FEC and other data determined
to be relevant | ||
by the Department;
| ||
(12) does not describe itself or hold itself out to the | ||
general public as
a full service hospital or hospital | ||
emergency department in its advertising or
marketing
| ||
activities;
| ||
(13) complies with any other rules adopted by the
| ||
Department
under this Act that relate to FECs;
| ||
(14) passes the Department's site inspection for | ||
compliance with the FEC
requirements of this Act;
| ||
(15) submits a copy of the 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 the health services to be | ||
provided at the facility;
| ||
(16) submits an application for designation as an FEC | ||
in a manner and form
prescribed by the Department by rule; | ||
and
| ||
(17) pays the annual license fee as determined by the | ||
Department by
rule.
| ||
(a-5) Notwithstanding any other provision of this Section, | ||
the Department may issue an annual FEC license to a facility | ||
that is located in a county that does not have a licensed | ||
general acute care hospital if the facility's application for a | ||
permit from the Illinois Health Facilities Planning Board has | ||
been deemed complete by the Department of Public Health by | ||
January 1, 2014 and if the facility complies with the | ||
requirements set forth in paragraphs (1) through (17) of | ||
subsection (a). | ||
(a-10) Notwithstanding any other provision of this | ||
Section, the Department may issue an annual FEC license to a | ||
facility if the facility has, by January 1, 2014, filed a | ||
letter of intent to establish an FEC and if the facility | ||
complies with the requirements set forth in paragraphs (1) | ||
through (17) of subsection (a). | ||
(a-15) Notwithstanding any other provision of this | ||
Section, the Department shall issue an
annual FEC license to a | ||
facility if the facility: (i) discontinues operation as a | ||
hospital within 180 days after the effective date of this | ||
amendatory Act of the 99th General Assembly with a Health | ||
Facilities and Services Review Board project number of | ||
E-017-15; (ii) has an application for a permit to establish an | ||
FEC from the Health Facilities and Services Review Board that | ||
is deemed complete by January 1, 2017; and (iii) complies with | ||
the requirements set forth in paragraphs (1) through (17) of | ||
subsection (a) of this Section. | ||
(b) The Department shall:
| ||
(1) annually inspect facilities of initial FEC | ||
applicants and licensed
FECs, and issue
annual licenses to | ||
or annually relicense FECs that
satisfy the Department's | ||
licensure requirements as set forth in subsection (a);
| ||
(2) suspend, revoke, refuse to issue, or refuse to | ||
renew the license of
any
FEC, after notice and an | ||
opportunity for a hearing, when the Department finds
that | ||
the FEC has failed to comply with the standards and | ||
requirements of the
Act or rules adopted by the Department | ||
under the
Act;
| ||
(3) issue an Emergency Suspension Order for any FEC | ||
when the
Director or his or her designee has determined | ||
that the continued operation of
the FEC 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) adopt rules as needed to implement this Section.
| ||
(Source: P.A. 99-490, eff. 12-4-15.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||
