Public Act 097-0667
 
SB1377 EnrolledLRB097 06773 RPM 46863 b


  
    AN ACT concerning health facilities.
  
 
    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 3.190 as follows:
 



    (210 ILCS 50/3.190)



    Sec. 3.190. Emergency Department Classifications. The 
Department shall have the authority and
responsibility to:

    (a) Establish criteria for classifying the
emergency 
departments of all hospitals within the State as
Comprehensive, 
Basic, or Standby.  In establishing such
criteria, the 
Department may consult with the Illinois
Hospital Licensing 
Board and incorporate by reference all
or part of existing 
standards adopted as rules pursuant to
the Hospital Licensing 
Act or Emergency Medical Treatment
Act;

    (b) Classify the emergency departments of all
hospitals 
within the State in accordance with this Section;

    (c) Annually publish, and distribute to all EMS
Systems, a 
list reflecting the classification of all
emergency 
departments.

    (d) For the purposes of paragraphs (a) and (b) of this 
Section, long-term acute care hospitals, as defined under the 
Hospital Emergency Service Act, are not required to provide 
hospital emergency services and  shall be classified as not 
available. 
(Source: P.A. 89-177, eff. 7-19-95.)

 
    Section 10. The Hospital Emergency Service Act is amended  
by changing Section 1 and adding Section 1.3 as follows:
 



    (210 ILCS 80/1)  (from Ch. 111 1/2, par. 86)



    Sec. 1. 
Every hospital required to be licensed by the 
Department of Public
Health pursuant to the Hospital Licensing 
Act which provides general medical
and surgical
hospital 
services, except long-term acute care hospitals identified in 
Section 1.3 of this Act, shall provide a hospital emergency 
service in accordance
with rules and regulations adopted by the 
Department of Public Health and
shall furnish such hospital 
emergency services to any applicant who applies
for the same in 
case of injury or acute medical condition where the same is

liable to cause death or severe injury or serious illness.
For 
purposes of this Act, "applicant" includes any person who is 
brought
to a hospital by ambulance or specialized emergency 
medical services
vehicle as defined in the Emergency Medical 
Services (EMS) Systems Act.

(Source: P.A. 86-1461.)

 
    (210 ILCS 80/1.3 new)
    Sec. 1.3. Long-term acute care hospitals. For the purpose 
of this Act, general acute care hospitals designated by 
Medicare as long-term acute care hospitals are not required to 
provide hospital emergency services described in Section 1 of 
this Act. Hospitals defined in this Section may provide 
hospital emergency services at their option.
    Any hospital defined in this Section that opts to 
discontinue emergency services described in Section 1 shall:
        (1) comply with all provisions of the federal Emergency 
    Medical Treatment & Labor Act (EMTALA);
        (2) comply with all provisions required under the 
    Social Security Act;
        (3) provide annual notice to communities in the 
    hospital's service area about available emergency medical 
    services; and
        (4) make  educational materials available to 
    individuals who are present at the hospital concerning the 
    availability of medical services within the hospital's 
    service area.
    Long-term acute care hospitals that operate standby 
emergency services as of January 1, 2011 may discontinue 
hospital emergency services by notifying the Department of 
Public Health. Long-term acute care hospitals that operate 
basic or comprehensive emergency services must notify the 
Health Facilities and Services Review  Board and follow the 
appropriate procedures. 
 
    Section 15. The Long Term Acute Care Hospital Quality 
Improvement Transfer Program Act is amended  by changing Section 
10 as follows:
 
    (210 ILCS 155/10)

    Sec. 10. Definitions. As used in this Act:
    (a) "CARE tool" means the Continuity and Record Evaluation 
(CARE) tool. It is a patient assessment instrument that has 
been developed to document the medical, cognitive, functional, 
and discharge status of persons receiving health care services 
in acute and post-acute care settings. The data collected is 
able to document provider-level quality of care (patient 
outcomes) and characterize the clinical complexity of 
patients.
    (b)  "Department" means the Illinois Department of 
Healthcare and Family Services.
    (c) "Discharge" means the release of a patient from 
hospital care for any discharge disposition other than a leave 
of absence, even if for Medicare payment purposes the discharge 
fits the definition of an interrupted stay.

    (d) "FTE" means "full-time equivalent" or a person or 
persons employed in one full-time position.
    (e) "Hospital" means an institution, place, building, or 
agency located in this State that is licensed as a general 
acute hospital by the Illinois Department of Public Health 
under the Hospital Licensing Act, whether public or private and 
whether organized for profit or not-for-profit.
    (f) "ICU" means intensive care unit.
    (g) "LTAC hospital" means a hospital that is designated by 
Medicare as a long term acute care hospital as described in 
Section 1886(d)(1)(B)(iv)(I) of the Social Security Act and has 
an average length of Medicaid inpatient stay greater than 25 
days as reported on the hospital's 2008 Medicaid cost report on 
file as of February 15, 2010, or a hospital that begins 
operations after January 1, 2009 2010 and is designated by 
Medicare as a long term acute care hospital.
    (h) "LTAC hospital criteria" means nationally recognized 
evidence-based evaluation criteria that have been publicly 
tested and includes criteria specific to an LTAC hospital for 
admission, continuing stay, and discharge. The criteria cannot 
include criteria derived or developed by or for a specific 
hospital or group of hospitals. Criteria and tools developed by 
hospitals or hospital associations or hospital-owned 
organizations are not acceptable and do not meet the 
requirements of this subsection.
    (i) "Patient" means an individual who is admitted to a 
hospital for an inpatient stay.
    (j) "Program" means the Long Term Acute Care Hospital 
Quality Improvement Transfer Program established by this Act.
    (k)  "STAC hospital" means a hospital that is not an LTAC 
hospital as defined in this Act or a psychiatric hospital or a 
rehabilitation hospital.


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