Full Text of HB3221 99th General Assembly
HB3221ham003 99TH GENERAL ASSEMBLY | Rep. Pamela Reaves-Harris Filed: 4/15/2015
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| 1 | | AMENDMENT TO HOUSE BILL 3221
| 2 | | AMENDMENT NO. ______. Amend House Bill 3221, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Emergency Medical Services (EMS) Systems | 6 | | Act is amended by changing Section 32.5 as follows:
| 7 | | (210 ILCS 50/32.5)
| 8 | | Sec. 32.5. Freestanding Emergency Center.
| 9 | | (a) The Department shall issue an annual Freestanding | 10 | | Emergency Center (FEC)
license to any facility that has | 11 | | received a permit from the Health Facilities and Services | 12 | | Review Board to establish a Freestanding Emergency Center by | 13 | | January 1, 2015, and:
| 14 | | (1) is located: (A) in a municipality with
a population
| 15 | | of 50,000 or fewer inhabitants; (B) within 50 miles of the
| 16 | | hospital that owns or controls the FEC; and (C) within 50 |
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| 1 | | miles of the Resource
Hospital affiliated with the FEC as | 2 | | part of the EMS System;
| 3 | | (2) is wholly owned or controlled by an Associate or | 4 | | Resource Hospital,
but is not a part of the hospital's | 5 | | physical plant;
| 6 | | (3) meets the standards for licensed FECs, adopted by | 7 | | rule of the
Department, including, but not limited to:
| 8 | | (A) facility design, specification, operation, and | 9 | | maintenance
standards;
| 10 | | (B) equipment standards; and
| 11 | | (C) the number and qualifications of emergency | 12 | | medical personnel and
other staff, which must include | 13 | | at least one board certified emergency
physician | 14 | | present at the FEC 24 hours per day.
| 15 | | (4) limits its participation in the EMS System strictly | 16 | | to receiving a
limited number of BLS runs by emergency | 17 | | medical vehicles according to protocols
developed by the | 18 | | Resource Hospital within the FEC's
designated EMS System | 19 | | and approved by the Project Medical Director and the
| 20 | | Department;
| 21 | | (5) provides comprehensive emergency treatment | 22 | | services, as defined in the
rules adopted by the Department | 23 | | pursuant to the Hospital Licensing Act, 24
hours per day, | 24 | | on an outpatient basis;
| 25 | | (6) provides an ambulance and
maintains on site | 26 | | ambulance services staffed with paramedics 24 hours per |
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| 1 | | day;
| 2 | | (7) (blank);
| 3 | | (8) complies with all State and federal patient rights | 4 | | provisions,
including, but not limited to, the Emergency | 5 | | Medical Treatment Act and the
federal Emergency
Medical | 6 | | Treatment and Active Labor Act;
| 7 | | (9) maintains a communications system that is fully | 8 | | integrated with
its Resource Hospital within the FEC's | 9 | | designated EMS System;
| 10 | | (10) reports to the Department any patient transfers | 11 | | from the FEC to a
hospital within 48 hours of the transfer | 12 | | plus any other
data
determined to be relevant by the | 13 | | Department;
| 14 | | (11) submits to the Department, on a quarterly basis, | 15 | | the FEC's morbidity
and mortality rates for patients | 16 | | treated at the FEC and other data determined
to be relevant | 17 | | by the Department;
| 18 | | (12) does not describe itself or hold itself out to the | 19 | | general public as
a full service hospital or hospital | 20 | | emergency department in its advertising or
marketing
| 21 | | activities;
| 22 | | (13) complies with any other rules adopted by the
| 23 | | Department
under this Act that relate to FECs;
| 24 | | (14) passes the Department's site inspection for | 25 | | compliance with the FEC
requirements of this Act;
| 26 | | (15) submits a copy of the permit issued by
the Health |
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| 1 | | Facilities and Services Review Board indicating that the | 2 | | facility has complied with the Illinois Health Facilities | 3 | | Planning Act with respect to the health services to be | 4 | | provided at the facility;
| 5 | | (16) submits an application for designation as an FEC | 6 | | in a manner and form
prescribed by the Department by rule; | 7 | | and
| 8 | | (17) pays the annual license fee as determined by the | 9 | | Department by
rule.
| 10 | | (a-5) Notwithstanding any other provision of this Section, | 11 | | the Department may issue an annual FEC license to a facility | 12 | | that is located in a county that does not have a licensed | 13 | | general acute care hospital if the facility's application for a | 14 | | permit from the Illinois Health Facilities Planning Board has | 15 | | been deemed complete by the Department of Public Health by | 16 | | January 1, 2014 and if the facility complies with the | 17 | | requirements set forth in paragraphs (1) through (17) of | 18 | | subsection (a). | 19 | | (a-10) Notwithstanding any other provision of this | 20 | | Section, the Department may issue an annual FEC license to a | 21 | | facility if the facility has, by January 1, 2014, filed a | 22 | | letter of intent to establish an FEC and if the facility | 23 | | complies with the requirements set forth in paragraphs (1) | 24 | | through (17) of subsection (a). | 25 | | (a-15) Notwithstanding any other provision of this | 26 | | Section, the
Department shall issue an annual FEC license to a |
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| 1 | | facility located within a
municipality with a population in | 2 | | excess of 1,000,000 inhabitants if the facility has, by
January | 3 | | 1, 2016, filed a letter of intent to establish an FEC and if | 4 | | the
facility complies with all requirements set forth in | 5 | | paragraphs (3) through
(17) of subsection (a) of this Section | 6 | | and all applicable administrative rules. Any FEC located in a
| 7 | | municipality with a population in excess of 1,000,000 | 8 | | inhabitants shall not be
required to be wholly owned or | 9 | | controlled by an Associate Hospital or Resource
Hospital; | 10 | | however, all patients needing emergent or urgent evaluation or
| 11 | | treatment beyond the FEC's ability shall be expeditiously | 12 | | transferred to
the closest appropriate health care facility | 13 | | based on the patient's acuity
and needs. For non-emergent | 14 | | patients ultimately needing inpatient hospital care, the FEC | 15 | | shall have a transfer agreement in place with at least one | 16 | | acute care hospital in the FEC's service area. For FECs | 17 | | established under this subsection (a-15), the facility
shall | 18 | | have the authority to create up to 10 observation beds as | 19 | | further
defined by rule. The Department shall issue no more | 20 | | than 3 such licenses
in a
municipality with a population in | 21 | | excess of 1,000,000 inhabitants
and shall give consideration to | 22 | | underserved areas, particularly those that
have recently lost | 23 | | access to emergency care through the loss of an
emergency care | 24 | | provider. An FEC qualifying under this subsection (a-15) shall
| 25 | | fully participate with and function within a Department | 26 | | approved local
EMS System. |
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| 1 | | (b) The Department shall:
| 2 | | (1) annually inspect facilities of initial FEC | 3 | | applicants and licensed
FECs, and issue
annual licenses to | 4 | | or annually relicense FECs that
satisfy the Department's | 5 | | licensure requirements as set forth in subsection (a);
| 6 | | (2) suspend, revoke, refuse to issue, or refuse to | 7 | | renew the license of
any
FEC, after notice and an | 8 | | opportunity for a hearing, when the Department finds
that | 9 | | the FEC has failed to comply with the standards and | 10 | | requirements of the
Act or rules adopted by the Department | 11 | | under the
Act;
| 12 | | (3) issue an Emergency Suspension Order for any FEC | 13 | | when the
Director or his or her designee has determined | 14 | | that the continued operation of
the FEC poses an immediate | 15 | | and serious danger to
the public health, safety, and | 16 | | welfare.
An opportunity for a
hearing shall be promptly | 17 | | initiated after an Emergency Suspension Order has
been | 18 | | issued; and
| 19 | | (4) adopt rules as needed to implement this Section.
| 20 | | (Source: P.A. 96-23, eff. 6-30-09; 96-31, eff. 6-30-09; 96-883, | 21 | | eff. 3-1-10; 96-1000, eff. 7-2-10; 97-333, eff. 8-12-11; | 22 | | 97-1112, eff. 8-27-12.)
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.".
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