Bill Text: IL HB5142 | 2011-2012 | 97th General Assembly | Engrossed

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

---

Bill Title: Amends the Emergency Medical Services (EMS) Systems Act. Provides that the Department of Public Health 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 an FEC if the application for the permit has been deemed complete by the Department by January 1, 2014 (instead of by March 1, 2009) and the facility is located (i) in a municipality with a population of 50,000 (instead of 75,000) or less, (ii) within 50 (instead of 20) miles of the hospital that owns or controls the FEC, and (iii) within 50 (instead of 20) miles of the Resource Hospital affiliated with the FEC as part of the EMS System. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2012-08-27 - Public Act . . . . . . . . . 97-1112 [HB5142 Detail]

Download: Illinois-2011-HB5142-Engrossed.html

---

HB5142 Engrossed LRB097 16739 DRJ 61914 b
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 if
the application for the permit has been deemed complete by the
Department of Public Health by January 1, 2014 March 1, 2009,
and:
(1) is located: (A) in a municipality with a population
of 50,000 75,000 or fewer inhabitants; (B) within 50 20
miles of the hospital that owns or controls the FEC; and
(C) within 50 20 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

HB5142 Engrossed - 2 - LRB097 16739 DRJ 61914 b
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 BLS runs by emergency
medical vehicles according to protocols developed by the
Resource Hospital within the FEC's designated EMS System
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;

HB5142 Engrossed - 3 - LRB097 16739 DRJ 61914 b
(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;

HB5142 Engrossed - 4 - LRB097 16739 DRJ 61914 b
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 March 1, 2009 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, March 31,
2009, 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).
(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

HB5142 Engrossed - 5 - LRB097 16739 DRJ 61914 b
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. 96-23, eff. 6-30-09; 96-31, eff. 6-30-09; 96-883,
eff. 3-1-10; 96-1000, eff. 7-2-10; 97-333, eff. 8-12-11.)
Section 99. Effective date. This Act takes effect upon
becoming law.