Public Act 098-0977
 
SB3506 EnrolledLRB098 19678 RPS 54884 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 Treatment Act is amended  
by changing Section 2 as follows:
 



    (210 ILCS 70/2)



    Sec. 2. Findings; prohibited terms. 

    (a) The Illinois General Assembly makes all of the 
following findings:


        (1) Hospital emergency services are not always the most 
    appropriate level
of care for patients seeking unscheduled 
    medical care or for patients who do
not have a regular 
    physician who can treat a significant or acute medical

    condition not considered critical, debilitating, or 
    life-threatening.


        (2) Hospital emergency rooms are over-utilized and too 
    often over-burdened
with many injuries or illnesses that 
    could be managed in a less intensive
clinical setting or 
    physician's office.


        (3) Over-utilization of hospital emergency departments 
    contributes to
excess medical and health insurance costs.


        (4) The use of the term "urgent" or "emergi-" or a 
    similar term in a
facility's posted or advertised name may 
    confuse the public and
prospective patients regarding the 
    type of services offered relative to those
provided by a 
    hospital emergency department.  There is significant risk 
    to the
public health and safety if persons requiring 
    treatment for a critical or
life-threatening condition 
    inappropriately use such facilities.


        (5) Many times patients are not clearly aware of the 
    policies and
procedures of their insurer or health plan 
    that must be followed in the use of
emergency rooms versus 
    non-emergent clinics and what rights they have under the

    law in regard to appropriately sought emergency care.


        (6) There is a need to more effectively educate health 
    care payers and
consumers about the most appropriate use of 
    the various available levels of
medical care and 
    particularly the use of hospital emergency rooms and 
    walk-in
medical clinics that do not require appointments.

    (b) No After the effective date of this amendatory Act of 
the 93rd General
Assembly, no person, facility, or entity shall 
hold itself out to the public as
an "urgent", "urgi-", 
"emergi-", or "emergent" care center or use any similar
term, 
as defined by rule,
that would give the impression
that 
emergency medical treatment is
provided by the person or entity 
or at the facility unless the facility is the
emergency room of 
a
facility licensed as a hospital under the Hospital Licensing 
Act or a facility
licensed as a freestanding emergency center 
under the Emergency Medical
Services (EMS) Systems Act. This 
Section does not prohibit a person, facility, or entity from 
holding itself out to the public as an "urgi-" or "urgent" care 
center. 

    (c) Violation of this Section constitutes a business 
offense with a minimum
fine of $5,000 plus $1,000 per day for a 
continuing violation, with a maximum
of $25,000.

    (d) The Director of Public Health in the name of the people 
of the State,
through the Attorney General, may bring an action 
for an injunction or to
restrain
a
violation of this Section or 
the rules adopted pursuant to this Section or to
enjoin the 
future operation or maintenance of any facility in violation of 
this
Section or the rules adopted pursuant to this Section.

    (e) The Department of Public Health shall adopt rules 
necessary for the
implementation of this Section.

(Source: P.A. 93-540, eff. 8-18-03.)