Bill Text: IL SB3451 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Emergency Medical Services (EMS) Systems Act. Allows EMS System providers to transport patients to alternate health care facilities that are licensed under the Hospital Licensing Act or a State licensing agency. Provides that the Department of Public Health shall adopt rules implementing the amendatory Act's provisions, including the types of licensed alternate health care facilities that may participate in an EMS System and the limitations of participation. Requires the EMS System providers to agree to comply with all Department administrative rules implementing the amendatory Act's provisions. Provides that EMS Service providers who transport patients under the amendatory Act's provisions shall be reimbursed by the Department of Healthcare and Family Services under a provision of the Illinois Public Aid Code. Effective immediately.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3451 Detail]

Download: Illinois-2019-SB3451-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3451 Introduced 2/13/2020, by Sen. Antonio Mu�oz SYNOPSIS AS INTRODUCED:
210 ILCS 50/3.20
Amends the Emergency Medical Services (EMS) Systems Act. Allows EMS System providers to transport patients to alternate health care facilities that are licensed under the Hospital Licensing Act or a State licensing agency. Provides that the Department of Public Health shall adopt rules implementing the amendatory Act's provisions, including the types of licensed alternate health care facilities that may participate in an EMS System and the limitations of participation. Requires the EMS System providers to agree to comply with all Department administrative rules implementing the amendatory Act's provisions. Provides that EMS Service providers who transport patients under the amendatory Act's provisions shall be reimbursed by the Department of Healthcare and Family Services under a provision of the Illinois Public Aid Code. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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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 3.20 as follows:
(210 ILCS 50/3.20)
Sec. 3.20. Emergency Medical Services (EMS) Systems.
(a) "Emergency Medical Services (EMS) System" means an
organization of hospitals, vehicle service providers and
personnel approved by the Department in a specific geographic
area, which coordinates and provides pre-hospital and
inter-hospital emergency care and non-emergency medical
transports at a BLS, ILS and/or ALS level pursuant to a System
program plan submitted to and approved by the Department, and
pursuant to the EMS Region Plan adopted for the EMS Region in
which the System is located.
(b) One hospital in each System program plan must be
designated as the Resource Hospital. All other hospitals which
are located within the geographic boundaries of a System and
which have standby, basic or comprehensive level emergency
departments must function in that EMS System as either an
Associate Hospital or Participating Hospital and follow all
System policies specified in the System Program Plan, including

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but not limited to the replacement of drugs and equipment used
by providers who have delivered patients to their emergency
departments. All hospitals and vehicle service providers
participating in an EMS System must specify their level of
participation in the System Program Plan.
(c) The Department shall have the authority and
responsibility to:
(1) Approve BLS, ILS and ALS level EMS Systems which
meet minimum standards and criteria established in rules
adopted by the Department pursuant to this Act, including
the submission of a Program Plan for Department approval.
Beginning September 1, 1997, the Department shall approve
the development of a new EMS System only when a local or
regional need for establishing such System has been
verified by the Department. This shall not be construed as
a needs assessment for health planning or other purposes
outside of this Act. Following Department approval, EMS
Systems must be fully operational within one year from the
date of approval.
(2) Monitor EMS Systems, based on minimum standards for
continuing operation as prescribed in rules adopted by the
Department pursuant to this Act, which shall include
requirements for submitting Program Plan amendments to the
Department for approval.
(3) Renew EMS System approvals every 4 years, after an
inspection, based on compliance with the standards for

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continuing operation prescribed in rules adopted by the
Department pursuant to this Act.
(4) Suspend, revoke, or refuse to renew approval of any
EMS System, after providing an opportunity for a hearing,
when findings show that it does not meet the minimum
standards for continuing operation as prescribed by the
Department, or is found to be in violation of its
previously approved Program Plan.
(5) Require each EMS System to adopt written protocols
for the bypassing of or diversion to any hospital, trauma
center or regional trauma center, which provide that a
person shall not be transported to a facility other than
the nearest hospital, regional trauma center or trauma
center unless the medical benefits to the patient
reasonably expected from the provision of appropriate
medical treatment at a more distant facility outweigh the
increased risks to the patient from transport to the more
distant facility, or the transport is in accordance with
the System's protocols for patient choice or refusal.
(6) Require that the EMS Medical Director of an ILS or
ALS level EMS System be a physician licensed to practice
medicine in all of its branches in Illinois, and certified
by the American Board of Emergency Medicine or the American
Osteopathic Board of Emergency Medicine, and that the EMS
Medical Director of a BLS level EMS System be a physician
licensed to practice medicine in all of its branches in

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Illinois, with regular and frequent involvement in
pre-hospital emergency medical services. In addition, all
EMS Medical Directors shall:
(A) Have experience on an EMS vehicle at the
highest level available within the System, or make
provision to gain such experience within 12 months
prior to the date responsibility for the System is
assumed or within 90 days after assuming the position;
(B) Be thoroughly knowledgeable of all skills
included in the scope of practices of all levels of EMS
personnel within the System;
(C) Have or make provision to gain experience
instructing students at a level similar to that of the
levels of EMS personnel within the System; and
(D) For ILS and ALS EMS Medical Directors,
successfully complete a Department-approved EMS
Medical Director's Course.
(7) Prescribe statewide EMS data elements to be
collected and documented by providers in all EMS Systems
for all emergency and non-emergency medical services, with
a one-year phase-in for commencing collection of such data
elements.
(8) Define, through rules adopted pursuant to this Act,
the terms "Resource Hospital", "Associate Hospital",
"Participating Hospital", "Basic Emergency Department",
"Standby Emergency Department", "Comprehensive Emergency

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Department", "EMS Medical Director", "EMS Administrative
Director", and "EMS System Coordinator".
(A) (Blank).
(B) (Blank).
(9) Investigate the circumstances that caused a
hospital in an EMS system to go on bypass status to
determine whether that hospital's decision to go on bypass
status was reasonable. The Department may impose
sanctions, as set forth in Section 3.140 of the Act, upon a
Department determination that the hospital unreasonably
went on bypass status in violation of the Act.
(10) Evaluate the capacity and performance of any
freestanding emergency center established under Section
32.5 of this Act in meeting emergency medical service needs
of the public, including compliance with applicable
emergency medical standards and assurance of the
availability of and immediate access to the highest quality
of medical care possible.
(11) Permit limited EMS System participation by
facilities operated by the United States Department of
Veterans Affairs, Veterans Health Administration. Subject
to patient preference, Illinois EMS providers may
transport patients to Veterans Health Administration
facilities that voluntarily participate in an EMS System.
Any Veterans Health Administration facility seeking
limited participation in an EMS System shall agree to

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comply with all Department administrative rules
implementing this Section. The Department may promulgate
rules, including, but not limited to, the types of Veterans
Health Administration facilities that may participate in
an EMS System and the limitations of participation.
(12) Ensure that EMS systems are transporting pregnant
women to the appropriate facilities based on the
classification of the levels of maternal care described
under subsection (a) of Section 2310-223 of the Department
of Public Health Powers and Duties Law of the Civil
Administrative Code of Illinois.
(13) Permit EMS System providers to transport patients
to alternate health care facilities that are licensed under
the Hospital Licensing Act or a State licensing agency, as
outlined in the EMS System plan. The Department shall adopt
rules implementing this paragraph, including, but not
limited to, the types of licensed alternate health care
facilities that may participate in an EMS System and the
limitations of participation. The EMS System providers
shall agree to comply with all Department administrative
rules implementing this Section. EMS Service providers who
transport patients under this paragraph shall be
reimbursed by the Department of Healthcare and Family
Services under Section 5-4.2 of the Illinois Public Aid
Code.
(Source: P.A. 101-447, eff. 8-23-19.)

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Section 99. Effective date. This Act takes effect upon
becoming law.