HB0581ham001 103RD GENERAL ASSEMBLY

Rep. Dagmara Avelar

Filed: 5/14/2024

10300HB0581ham001 LRB103 04166 LNS 73391 a

AMENDMENT TO HOUSE BILL 581

AMENDMENT NO. ______. Amend House Bill 581 by replacing everything after the enacting clause with the following:

"Section 5. The Hospital Emergency Service Act is amended by changing Sections 1 and 2 and by adding Sections 3 and 97 as follows:

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

Sec. 1. Requirements to provide emergency medical care.

(a) 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 and rehabilitation 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 in accordance with the procedures required by the federal Emergency Medical Treatment and Active Labor Act, including, but not limited to, medical screening, the provision of necessary stabilizing treatment, procedures for refusals to consent, restricting transfers until the individual is stabilized, appropriate transfers of patients, nondiscrimination, no delay in examination or treatment, and whistleblower protections, 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.

(b) For purposes of this Act: , "applicant"

"Applicant" includes any person who presents at the hospital or who is brought to a hospital by ambulance or specialized emergency medical services vehicle as defined in the Emergency Medical Services (EMS) Systems Act.

"Hospital emergency service" includes abortion when abortion is the stabilizing treatment necessary to resolve the patient's injury or acute medical condition that is liable to cause death or severe injury or serious illness.

"Injury or acute medical condition where the same is liable to cause death or severe injury or serious illness" includes, but is not limited to, when a pregnant patient is experiencing ectopic pregnancy, complications of pregnancy loss, risks to future fertility, previable preterm premature rupture of membranes (PPROM), or emergent hypertensive disorders, such as preeclampsia.

(c) The amendments to this Section are declarative of existing law. Nothing in this Section shall be construed to alter existing legal statutes and rights.

(Source: P.A. 97-667, eff. 1-13-12; 98-683, eff. 6-30-14.)

(210 ILCS 80/2) (from Ch. 111 1/2, par. 87)

Sec. 2. Violations. Any hospital or other person violating any of the provisions of this Act or refusing to perform any duties imposed by this Act shall be guilty of a business offense and subject to a fine not exceeding $10,000 for each violation, and any fine imposed shall be paid into the general corporate funds of the city, incorporated town, or village in which the hospital is located, or of the county, in case such hospital is outside the limits of any incorporated municipality.

The Department of Public Health shall also have the authority to investigate violations of this Act, including a medical clinical review by a physician, and issue a minimum monetary penalty of $50,000 for violating this Act. The Department of Public Health shall adopt rules for purposes of enforcing this Act and identifying factors to be considered when issuing a monetary penalty.

(Source: P.A. 81-1518.)

(210 ILCS 80/3 new)

Sec. 3. Private right of action.

(a) A patient who is aggrieved by a violation of Section 1 shall have a right of action in a State circuit court or as a supplemental claim in federal district court against the hospital. A prevailing party may recover:

(1) all remedies available by law;

(2) reasonable attorney's fees and costs, including expert witness fees and other litigation expenses; and

(3) other relief, including an injunction, as the State or federal court may deem appropriate.

(b) An action under this Section must be brought not later than 2 years after the violation of Section 1 has occurred.

(210 ILCS 80/97 new)

Sec. 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

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