SB1377 EnrolledLRB097 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 Service 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    Any hospital defined in this Section that opts to
7discontinue emergency services described in Section 1 shall:
8        (1) comply with all provisions of the federal Emergency
9    Medical Treatment & Labor Act (EMTALA);
10        (2) comply with all provisions required under the
11    Social Security Act;
12        (3) provide annual notice to communities in the
13    hospital's service area about available emergency medical
14    services; and
15        (4) make educational materials available to
16    individuals who are present at the hospital concerning the
17    availability of medical services within the hospital's
18    service area.
19    Long-term acute care hospitals that operate standby
20emergency services as of January 1, 2011 may discontinue
21hospital emergency services by notifying the Department of
22Public Health. Long-term acute care hospitals that operate
23basic or comprehensive emergency services must notify the
24Health Facilities and Services Review Board and follow the
25appropriate procedures.
 

 

 

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1    Section 15. The Long Term Acute Care Hospital Quality
2Improvement Transfer Program Act is amended by changing Section
310 as follows:
 
4    (210 ILCS 155/10)
5    Sec. 10. Definitions. As used in this Act:
6    (a) "CARE tool" means the Continuity and Record Evaluation
7(CARE) tool. It is a patient assessment instrument that has
8been developed to document the medical, cognitive, functional,
9and discharge status of persons receiving health care services
10in acute and post-acute care settings. The data collected is
11able to document provider-level quality of care (patient
12outcomes) and characterize the clinical complexity of
13patients.
14    (b) "Department" means the Illinois Department of
15Healthcare and Family Services.
16    (c) "Discharge" means the release of a patient from
17hospital care for any discharge disposition other than a leave
18of absence, even if for Medicare payment purposes the discharge
19fits the definition of an interrupted stay.
20    (d) "FTE" means "full-time equivalent" or a person or
21persons employed in one full-time position.
22    (e) "Hospital" means an institution, place, building, or
23agency located in this State that is licensed as a general
24acute hospital by the Illinois Department of Public Health
25under the Hospital Licensing Act, whether public or private and

 

 

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1whether organized for profit or not-for-profit.
2    (f) "ICU" means intensive care unit.
3    (g) "LTAC hospital" means a hospital that is designated by
4Medicare as a long term acute care hospital as described in
5Section 1886(d)(1)(B)(iv)(I) of the Social Security Act and has
6an average length of Medicaid inpatient stay greater than 25
7days as reported on the hospital's 2008 Medicaid cost report on
8file as of February 15, 2010, or a hospital that begins
9operations after January 1, 2009 2010 and is designated by
10Medicare as a long term acute care hospital.
11    (h) "LTAC hospital criteria" means nationally recognized
12evidence-based evaluation criteria that have been publicly
13tested and includes criteria specific to an LTAC hospital for
14admission, continuing stay, and discharge. The criteria cannot
15include criteria derived or developed by or for a specific
16hospital or group of hospitals. Criteria and tools developed by
17hospitals or hospital associations or hospital-owned
18organizations are not acceptable and do not meet the
19requirements of this subsection.
20    (i) "Patient" means an individual who is admitted to a
21hospital for an inpatient stay.
22    (j) "Program" means the Long Term Acute Care Hospital
23Quality Improvement Transfer Program established by this Act.
24    (k) "STAC hospital" means a hospital that is not an LTAC
25hospital as defined in this Act or a psychiatric hospital or a
26rehabilitation hospital.

 

 

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1(Source: P.A. 96-1130, eff. 7-20-10.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.