Public Act 096-0883
 		





SB0321 Enrolled
LRB096 03661 DRJ 13689 b






    AN ACT concerning regulation.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:



 
    Section 5. The Emergency Medical Services (EMS) Systems Act 
is amended  by changing Section 32.5 as follows:
 



    (210 ILCS 50/32.5)



    Sec. 32.5. Freestanding Emergency Center. 

    (a) Until June 30, 2009, the Department shall issue an 
annual Freestanding Emergency Center (FEC)
license to any 
facility that:


        (1) is located: (A) in a municipality with
a population

    of 75,000 or fewer inhabitants; (B) within 20 miles of the

    hospital that owns or controls the FEC; and (C) within 20 
    miles of the Resource
Hospital affiliated with the FEC as 
    part of the EMS System;


        (2) is wholly owned or controlled by an Associate or 
    Resource Hospital,
but is not a part of the hospital's 
    physical plant;


        (3) meets the standards for licensed FECs, adopted by 
    rule of the
Department, including, but not limited to:


            (A) facility design, specification, operation, and 
        maintenance
standards;


            (B) equipment standards; and


            (C) the number and qualifications of emergency 
        medical personnel and
other staff, which must include 
        at least one board certified emergency
physician 
        present at the FEC 24 hours per day.


        (4) limits its participation in the EMS System strictly 
    to receiving a
limited number of BLS runs by emergency 
    medical vehicles according to protocols
developed by the 
    Resource Hospital within the FEC's
designated EMS System 
    and approved by the Project Medical Director and the

    Department;


        (5) provides comprehensive emergency treatment 
    services, as defined in the
rules adopted by the Department 
    pursuant to the Hospital Licensing Act, 24
hours per day, 
    on an outpatient basis;


        (6) provides an ambulance and
maintains on site 
    ambulance services staffed with paramedics 24 hours per 
    day;


        (7) maintains helicopter landing capabilities approved 
    by appropriate
State and federal authorities;


        (8) complies with all State and federal patient rights 
    provisions,
including, but not limited to, the Emergency 
    Medical Treatment Act and the
federal Emergency
Medical 
    Treatment and Active Labor Act;


        (9) maintains a communications system that is fully 
    integrated with
its Resource Hospital within the FEC's 
    designated EMS System;


        (10) reports to the Department any patient transfers 
    from the FEC to a
hospital within 48 hours of the transfer 
    plus any other
data
determined to be relevant by the 
    Department;


        (11) submits to the Department, on a quarterly basis, 
    the FEC's morbidity
and mortality rates for patients 
    treated at the FEC and other data determined
to be relevant 
    by the Department;


        (12) does not describe itself or hold itself out to the 
    general public as
a full service hospital or hospital 
    emergency department in its advertising or
marketing

    activities;


        (13) complies with any other rules adopted by the

    Department
under this Act that relate to FECs;


        (14) passes the Department's site inspection for 
    compliance with the FEC
requirements of this Act;


        (15) submits a copy of the permit issued by
the 
    Illinois Health Facilities Planning Board indicating that 
    the facility has complied with the Illinois Health 
    Facilities Planning Act with respect to the health services 
    to be provided at the facility;


        (16) submits an application for designation as an FEC 
    in a manner and form
prescribed by the Department by rule; 
    and



        (17) pays the annual license fee as determined by the 
    Department by
rule.


    (a-5) Notwithstanding any other provision of this Section, 
the Department may issue an annual FEC license to a facility 
that is located in a county that does not have a licensed 
general acute care hospital if the facility's application for a 
permit from the Illinois Health Facilities Planning Board has 
been deemed complete by the Department of Public Health by 
March 1, 2009 and if the facility complies with the 
requirements set forth in paragraphs (1) through (17) of 
subsection (a). 
    (a-10) Notwithstanding any other provision of this 
Section, the Department may issue an annual FEC license to a 
facility if the facility has, by March 31, 2009, filed a letter 
of intent to establish an FEC and if the facility complies with 
the requirements set forth in paragraphs (1) through (17) of 
subsection (a). 
    (b) The Department shall:


        (1) annually inspect facilities of initial FEC 
    applicants and licensed
FECs, and issue
annual licenses to 
    or annually relicense FECs that
satisfy the Department's 
    licensure requirements as set forth in subsection (a);


        (2) suspend, revoke, refuse to issue, or refuse to 
    renew the license of
any
FEC, after notice and an 
    opportunity for a hearing, when the Department finds
that 
    the FEC has failed to comply with the standards and 
    requirements of the
Act or rules adopted by the Department 
    under the
Act;


        (3) issue an Emergency Suspension Order for any FEC 
    when the
Director or his or her designee has determined 
    that the continued operation of
the FEC poses an immediate 
    and serious danger to
the public health, safety, and 
    welfare.
An opportunity for a
hearing shall be promptly 
    initiated after an Emergency Suspension Order has
been 
    issued; and


        (4) adopt rules as needed to implement this Section.

(Source: P.A. 95-584, eff. 8-31-07.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.