95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB1579


 
Introduced 2/9/2007, by Sen. Susan Garrett
 
SYNOPSIS AS INTRODUCED:
 		














210 ILCS 50/32.5









    Amends the Emergency Medical Services (EMS) Systems Act. Provides that the Department of Public Health shall issue an annual Freestanding Emergency Center (FEC)
license to any facility that is located: (A) in a municipality with
a population
of 75,000 or fewer inhabitants; (B) within 15 miles of the
hospital that owns or controls the FEC; and (C) within 20 (instead of 10) miles of the Resource
Hospital affiliated with the FEC as part of the EMS System. (Deletes a provision concerning location in a municipality that has a
hospital that has  been providing emergency services but is expected to close
by the end of 1997 and in a county with a population of more than 525,000.)  Requires the Illinois Health Facilities Planning Board to waive a certificate of need or permit requirement for any proposed FEC that, no later than June 30, 2009 (instead of as of the effective date of an amendatory Act of 1996), meets certain criteria for providing comprehensive emergency treatment services. Deletes a requirement that the facility must have participated in the demonstration program in order to be issued an annual license. Effective immediately.
















LRB095 09004 DRJ 31315 b

















 


 


A BILL FOR









 











SB1579

LRB095 09004 DRJ 31315 b






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    AN ACT concerning regulation.

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


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



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    (210 ILCS 50/32.5)



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    Sec. 32.5. Freestanding Emergency Center. 

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    (a) The Department shall issue an annual Freestanding 
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Emergency Center (FEC)
license to any facility that:


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        (1) is located: (A)
(i)(A) in a municipality with
a 
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    population
of 75,000 or fewer inhabitants; (B) within 15 
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    miles of the
hospital that owns or controls the FEC; and 
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    (C) within 20
10 miles of the Resource
Hospital affiliated 
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    with the FEC as part of the EMS System; or (ii)
(A) in a 
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    municipality that has a
hospital that has  been providing 
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    emergency services but is expected to close
by the end of 
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    1997 and (B) in a county with a population of more
than

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    350,000 but
less than 525,000 inhabitants;


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


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


 


 






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


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            (B) equipment standards; and


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


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

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    Department;


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


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


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


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


 


 






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


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


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


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

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    activities;


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        (13) complies with any other rules adopted by the

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    Department
under this Act that relate to FECs;


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


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        (15) submits a copy of a certificate of need or other 
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    permit issued by
the Illinois Health Facilities Planning 
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    Board indicating that the facility that
will
house the 
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    proposed FEC complies with State health planning laws; 
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    provided,
however, that the Illinois Health Facilities 
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    Planning Board shall waive this
certificate of need or 
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    permit requirement for any proposed FEC that, no later than 
 


 






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    June 30, 2009
as of the
effective date of this amendatory 
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    Act of 1996, meets the criteria for providing
comprehensive 
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    emergency treatment services, as defined by the rules

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    promulgated under the Hospital Licensing Act, but is not a 
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    licensed hospital;


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



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


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        (18) participated in the demonstration program.

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    (b) The Department shall:


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


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


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        (3) issue an Emergency Suspension Order for any FEC 
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    when the
Director or his or her designee has determined 
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    that the continued operation of
the FEC poses an immediate 
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    and serious danger to
the public health, safety, and 
 


 






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    welfare.
An opportunity for a
hearing shall be promptly 
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    initiated after an Emergency Suspension Order has
been 
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    issued; and


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

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(Source: P.A. 93-372, eff. 1-1-04.)

 

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