SB3506 Engrossed LRB098 19678 RPS 54884 b
1		AN ACT concerning regulation.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Emergency Medical Treatment Act is amended
5		by changing Section 2 as follows:
6		(210 ILCS 70/2)
7		Sec. 2. Findings; prohibited terms.
8		(a) The Illinois General Assembly makes all of the
9		following findings:
10		(1) Hospital emergency services are not always the most
11		appropriate level of care for patients seeking unscheduled
12		medical care or for patients who do not have a regular
13		physician who can treat a significant or acute medical
14		condition not considered critical, debilitating, or
15		life-threatening.
16		(2) Hospital emergency rooms are over-utilized and too
17		often over-burdened with many injuries or illnesses that
18		could be managed in a less intensive clinical setting or
19		physician's office.
20		(3) Over-utilization of hospital emergency departments
21		contributes to excess medical and health insurance costs.
22		(4) The use of the term "urgent" or "emergi-" or a
23		similar term in a facility's posted or advertised name may

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1		confuse the public and prospective patients regarding the
2		type of services offered relative to those provided by a
3		hospital emergency department. There is significant risk
4		to the public health and safety if persons requiring
5		treatment for a critical or life-threatening condition
6		inappropriately use such facilities.
7		(5) Many times patients are not clearly aware of the
8		policies and procedures of their insurer or health plan
9		that must be followed in the use of emergency rooms versus
10		non-emergent clinics and what rights they have under the
11		law in regard to appropriately sought emergency care.
12		(6) There is a need to more effectively educate health
13		care payers and consumers about the most appropriate use of
14		the various available levels of medical care and
15		particularly the use of hospital emergency rooms and
16		walk-in medical clinics that do not require appointments.
17		(b) No After the effective date of this amendatory Act of
18		the 93rd General Assembly, no person, facility, or entity shall
19		hold itself out to the public as an "urgent", "urgi-",
20		"emergi-", or "emergent" care center or use any similar term,
21		as defined by rule, that would give the impression that
22		emergency medical treatment is provided by the person or entity
23		or at the facility unless the facility is the emergency room of
24		a facility licensed as a hospital under the Hospital Licensing
25		Act or a facility licensed as a freestanding emergency center
26		under the Emergency Medical Services (EMS) Systems Act. This

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1		Section does not prohibit a person, facility, or entity from
2		holding itself out to the public as an "urgi-" or "urgent" care
3		center.
4		(c) Violation of this Section constitutes a business
5		offense with a minimum fine of $5,000 plus $1,000 per day for a
6		continuing violation, with a maximum of $25,000.
7		(d) The Director of Public Health in the name of the people
8		of the State, through the Attorney General, may bring an action
9		for an injunction or to restrain a violation of this Section or
10		the rules adopted pursuant to this Section or to enjoin the
11		future operation or maintenance of any facility in violation of
12		this Section or the rules adopted pursuant to this Section.
13		(e) The Department of Public Health shall adopt rules
14		necessary for the implementation of this Section.
15		(Source: P.A. 93-540, eff. 8-18-03.)