97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1377

 

Introduced 2/8/2011, by Sen. Christine Radogno

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 50/3.190
210 ILCS 80/1  from Ch. 111 1/2, par. 86
210 ILCS 80/1.3 new

    Amends the Emergency Medical Services (EMS) Systems Act in the provision concerning emergency Department classifications to provide that long-term acute care hospitals, as defined under the Hospital Emergency Services Act, are not required to provide hospital emergency services and shall be classified as not available. Amends the Hospital Emergency Services Act. Provides an exception for long-term acute care hospitals from the requirement that certain hospitals shall provide a hospital emergency service. Provides that general acute care hospitals designated by Medicare as long-term acute care hospitals are not required to provide the hospital emergency services required by the Act. Provides that such hospitals may provide hospital emergency services at their option. Sets forth provisions concerning notification. Effective immediately.


LRB097 06773 RPM 46863 b

 

 

A BILL FOR

 

SB1377LRB097 06773 RPM 46863 b

1    AN ACT concerning health facilities.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Emergency Medical Services (EMS) Systems Act
5is amended by changing Section 3.190 as follows:
 
6    (210 ILCS 50/3.190)
7    Sec. 3.190. Emergency Department Classifications. The
8Department shall have the authority and responsibility to:
9    (a) Establish criteria for classifying the emergency
10departments of all hospitals within the State as Comprehensive,
11Basic, or Standby. In establishing such criteria, the
12Department may consult with the Illinois Hospital Licensing
13Board and incorporate by reference all or part of existing
14standards adopted as rules pursuant to the Hospital Licensing
15Act or Emergency Medical Treatment Act;
16    (b) Classify the emergency departments of all hospitals
17within the State in accordance with this Section;
18    (c) Annually publish, and distribute to all EMS Systems, a
19list reflecting the classification of all emergency
20departments.
21    (d) For the purposes of paragraphs (a) and (b) of this
22Section, long-term acute care hospitals, as defined under the
23Hospital Emergency Services Act, are not required to provide

 

 

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1hospital emergency services and shall be classified as not
2available.
3(Source: P.A. 89-177, eff. 7-19-95.)
 
4    Section 10. The Hospital Emergency Service Act is amended
5by changing Section 1 and adding Section 1.3 as follows:
 
6    (210 ILCS 80/1)  (from Ch. 111 1/2, par. 86)
7    Sec. 1. Every hospital required to be licensed by the
8Department of Public Health pursuant to the Hospital Licensing
9Act which provides general medical and surgical hospital
10services, except long-term acute care hospitals identified in
11Section 1.3 of this Act, shall provide a hospital emergency
12service in accordance with rules and regulations adopted by the
13Department of Public Health and shall furnish such hospital
14emergency services to any applicant who applies for the same in
15case of injury or acute medical condition where the same is
16liable to cause death or severe injury or serious illness. For
17purposes of this Act, "applicant" includes any person who is
18brought to a hospital by ambulance or specialized emergency
19medical services vehicle as defined in the Emergency Medical
20Services (EMS) Systems Act.
21(Source: P.A. 86-1461.)
 
22    (210 ILCS 80/1.3 new)
23    Sec. 1.3. Long-term acute care hospitals. For the purpose

 

 

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1of this Act, general acute care hospitals designated by
2Medicare as long-term acute care hospitals are not required to
3provide hospital emergency services described in Section 1 of
4this Act. Hospitals defined in this Section may provide
5hospital emergency services at their option.
6    Long-term acute care hospitals that operate standby
7emergency services as of January 1, 2011 may discontinue
8hospital emergency services by notifying the Department of
9Public Health. Long-term acute care hospitals that operate
10basic or comprehensive emergency services must notify the
11Health Facilities and Services Review Board and follow the
12appropriate procedures.
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.