SB3506 EngrossedLRB098 19678 RPS 54884 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Emergency Medical Treatment Act is amended
5by 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
9following 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

 

 

SB3506 Engrossed- 2 -LRB098 19678 RPS 54884 b

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
18the 93rd General Assembly, no person, facility, or entity shall
19hold itself out to the public as an "urgent", "urgi-",
20"emergi-", or "emergent" care center or use any similar term,
21as defined by rule, that would give the impression that
22emergency medical treatment is provided by the person or entity
23or at the facility unless the facility is the emergency room of
24a facility licensed as a hospital under the Hospital Licensing
25Act or a facility licensed as a freestanding emergency center
26under the Emergency Medical Services (EMS) Systems Act. This

 

 

SB3506 Engrossed- 3 -LRB098 19678 RPS 54884 b

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