Human Services Committee
Filed: 3/11/2009
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1 | AMENDMENT TO HOUSE BILL 2244
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2 | AMENDMENT NO. ______. Amend House Bill 2244 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The State Finance Act is amended by adding | ||||||
5 | Section 5.719 as follows: | ||||||
6 | (30 ILCS 105/5.719 new) | ||||||
7 | Sec. 5.719. The Hospital Stroke Care Fund. | ||||||
8 | Section 10. The Emergency Medical Services (EMS) Systems | ||||||
9 | Act is amended by changing Sections 3.25, 3.30, 3.130, and | ||||||
10 | 3.200 and by adding Sections 3.116, 3.117, 3.117.5, 3.118, | ||||||
11 | 3.118.5, 3.119, and 3.226 as follows:
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12 | (210 ILCS 50/3.25)
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13 | Sec. 3.25. EMS Region Plan; Development.
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14 | (a) Within 6 months after designation of an EMS
Region, an |
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1 | EMS Region Plan addressing at least the information
prescribed | ||||||
2 | in Section 3.30 shall be submitted to the
Department for | ||||||
3 | approval. The Plan shall be developed by the
Region's EMS | ||||||
4 | Medical Directors Committee with advice from the
Regional EMS | ||||||
5 | Advisory Committee; portions of the plan
concerning trauma | ||||||
6 | shall be developed jointly with the Region's
Trauma Center | ||||||
7 | Medical Directors or Trauma Center Medical
Directors | ||||||
8 | Committee, whichever is applicable, with advice from
the | ||||||
9 | Regional Trauma Advisory Committee, if such Advisory
Committee | ||||||
10 | has been established in the Region. Portions of the Plan | ||||||
11 | concerning stroke shall be developed jointly with the Regional | ||||||
12 | Stroke Advisory Subcommittee.
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13 | (1) A Region's EMS Medical Directors
Committee shall be | ||||||
14 | comprised of the Region's EMS Medical Directors,
along with | ||||||
15 | the medical advisor to a fire department
vehicle service | ||||||
16 | provider. For regions which include a municipal fire
| ||||||
17 | department serving a population of over 2,000,000 people, | ||||||
18 | that fire
department's medical advisor shall serve on the | ||||||
19 | Committee. For other regions,
the fire department vehicle | ||||||
20 | service providers shall select which medical
advisor to | ||||||
21 | serve on the Committee on an annual basis.
| ||||||
22 | (2) A Region's Trauma Center Medical Directors
| ||||||
23 | Committee shall be comprised of the Region's Trauma Center
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24 | Medical Directors.
| ||||||
25 | (b) A Region's Trauma Center Medical Directors may
choose | ||||||
26 | to participate in the development of the EMS Region
Plan |
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1 | through membership on the Regional EMS Advisory
Committee, | ||||||
2 | rather than through a separate Trauma Center Medical Directors
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3 | Committee. If that option is selected,
the Region's Trauma | ||||||
4 | Center Medical Director shall also
determine whether a separate | ||||||
5 | Regional Trauma Advisory
Committee is necessary for the Region.
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6 | (c) In the event of disputes over content of the
Plan | ||||||
7 | between the Region's EMS Medical Directors Committee and the
| ||||||
8 | Region's Trauma Center Medical Directors or Trauma Center
| ||||||
9 | Medical Directors Committee, whichever is applicable, the
| ||||||
10 | Director of the Illinois Department of Public Health shall
| ||||||
11 | intervene through a mechanism established by the Department
| ||||||
12 | through rules adopted pursuant to this Act.
| ||||||
13 | (d) "Regional EMS Advisory Committee" means a
committee | ||||||
14 | formed within an Emergency Medical Services (EMS)
Region to | ||||||
15 | advise the Region's EMS Medical Directors
Committee and to | ||||||
16 | select the Region's representative to the
State Emergency | ||||||
17 | Medical Services Advisory Council,
consisting of at least the | ||||||
18 | members of the Region's EMS
Medical Directors Committee, the | ||||||
19 | Chair of the Regional
Trauma Committee, the EMS System | ||||||
20 | Coordinators from each
Resource Hospital within the Region, one | ||||||
21 | administrative
representative from an Associate Hospital | ||||||
22 | within the Region,
one administrative representative from a | ||||||
23 | Participating
Hospital within the Region, one administrative
| ||||||
24 | representative from the vehicle service provider which
| ||||||
25 | responds to the highest number of calls for emergency service | ||||||
26 | within
the Region, one administrative representative of a |
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| |||||||
1 | vehicle
service provider from each System within the Region, | ||||||
2 | one
Emergency Medical Technician (EMT)/Pre-Hospital RN from | ||||||
3 | each
level of EMT/Pre-Hospital RN practicing within the Region,
| ||||||
4 | and one registered professional nurse currently practicing
in | ||||||
5 | an emergency department within the Region.
Of the 2 | ||||||
6 | administrative representatives of vehicle service providers, | ||||||
7 | at
least one shall be an administrative representative of a | ||||||
8 | private vehicle
service provider. The
Department's Regional | ||||||
9 | EMS Coordinator for each Region shall
serve as a non-voting | ||||||
10 | member of that Region's EMS Advisory
Committee.
| ||||||
11 | Every 2 years, the members of the Region's EMS Medical
| ||||||
12 | Directors Committee shall rotate serving as Committee Chair,
| ||||||
13 | and select the Associate Hospital, Participating Hospital
and | ||||||
14 | vehicle service providers which shall send
representatives to | ||||||
15 | the Advisory Committee, and the
EMTs/Pre-Hospital RN and nurse | ||||||
16 | who shall serve on the
Advisory Committee.
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17 | (e) "Regional Trauma Advisory Committee" means a
committee | ||||||
18 | formed within an Emergency Medical Services (EMS)
Region, to | ||||||
19 | advise the Region's Trauma Center Medical
Directors Committee, | ||||||
20 | consisting of at least the Trauma
Center Medical Directors and | ||||||
21 | Trauma Coordinators from each
Trauma Center within the Region, | ||||||
22 | one EMS Medical Director
from a resource hospital within the | ||||||
23 | Region, one EMS System
Coordinator from another resource | ||||||
24 | hospital within the
Region, one representative each from a | ||||||
25 | public and private
vehicle service provider which transports | ||||||
26 | trauma patients
within the Region, an administrative |
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1 | representative from
each trauma center within the Region, one | ||||||
2 | EMT representing
the highest level of EMT practicing within the | ||||||
3 | Region, one
emergency physician and one Trauma Nurse Specialist | ||||||
4 | (TNS)
currently practicing in a trauma center. The Department's
| ||||||
5 | Regional EMS Coordinator for each Region shall serve as a
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6 | non-voting member of that Region's Trauma Advisory
Committee.
| ||||||
7 | Every 2 years, the members of the Trauma Center Medical
| ||||||
8 | Directors Committee shall rotate serving as Committee Chair,
| ||||||
9 | and select the vehicle service providers, EMT, emergency
| ||||||
10 | physician, EMS System Coordinator and TNS who shall serve on
| ||||||
11 | the Advisory Committee.
| ||||||
12 | (Source: P.A. 89-177, eff. 7-19-95.)
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13 | (210 ILCS 50/3.30)
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14 | Sec. 3.30. EMS Region Plan; Content.
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15 | (a) The EMS Medical Directors Committee shall address
at | ||||||
16 | least the following:
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17 | (1) Protocols for inter-System/inter-Region
patient | ||||||
18 | transports, including identifying the conditions of
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19 | emergency patients which may not be transported to the
| ||||||
20 | different levels of emergency department, based on their
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21 | Department classifications and relevant Regional
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22 | considerations (e.g. transport times and distances);
| ||||||
23 | (2) Regional standing medical orders;
| ||||||
24 | (3) Patient transfer patterns, including criteria
for | ||||||
25 | determining whether a patient needs the specialized
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1 | services of a trauma center, along with protocols for the
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2 | bypassing of or diversion to any hospital, trauma center or
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3 | regional trauma center which are consistent with | ||||||
4 | individual
System bypass or diversion protocols and | ||||||
5 | protocols for
patient choice or refusal;
| ||||||
6 | (4) Protocols for resolving Regional or
Inter-System | ||||||
7 | conflict;
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8 | (5) An EMS disaster preparedness plan which
includes | ||||||
9 | the actions and responsibilities of all EMS
participants | ||||||
10 | within the Region. Within 90 days of the effective date of | ||||||
11 | this
amendatory Act of 1996, an EMS System shall submit to | ||||||
12 | the Department for review
an internal disaster plan. At a | ||||||
13 | minimum, the plan shall include contingency
plans for the | ||||||
14 | transfer of patients to other facilities if an evacuation | ||||||
15 | of the
hospital becomes necessary due to a catastrophe, | ||||||
16 | including but not limited to, a
power failure;
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17 | (6) Regional standardization of continuing
education | ||||||
18 | requirements;
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19 | (7) Regional standardization of Do Not
Resuscitate | ||||||
20 | (DNR) policies, and protocols for power of
attorney for | ||||||
21 | health care; and
| ||||||
22 | (8) Protocols for disbursement of Department
grants ; | ||||||
23 | and .
| ||||||
24 | (9) Protocols for the triage, treatment, and transport | ||||||
25 | of possible acute stroke patients. | ||||||
26 | (b) The Trauma Center Medical Directors or Trauma
Center |
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1 | Medical Directors Committee shall address at least
the | ||||||
2 | following:
| ||||||
3 | (1) The identification of Regional Trauma
Centers;
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4 | (2) Protocols for inter-System and inter-Region
trauma | ||||||
5 | patient transports, including identifying the
conditions | ||||||
6 | of emergency patients which may not be
transported to the | ||||||
7 | different levels of emergency department,
based on their | ||||||
8 | Department classifications and relevant
Regional | ||||||
9 | considerations (e.g. transport times and
distances);
| ||||||
10 | (3) Regional trauma standing medical orders;
| ||||||
11 | (4) Trauma patient transfer patterns, including
| ||||||
12 | criteria for determining whether a patient needs the
| ||||||
13 | specialized services of a trauma center, along with
| ||||||
14 | protocols for the bypassing of or diversion to any | ||||||
15 | hospital,
trauma center or regional trauma center which are | ||||||
16 | consistent
with individual System bypass or diversion | ||||||
17 | protocols and
protocols for patient choice or refusal;
| ||||||
18 | (5) The identification of which types of patients
can | ||||||
19 | be cared for by Level I and Level II Trauma Centers;
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20 | (6) Criteria for inter-hospital transfer of
trauma | ||||||
21 | patients;
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22 | (7) The treatment of trauma patients in each
trauma | ||||||
23 | center within the Region;
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24 | (8) A program for conducting a quarterly
conference | ||||||
25 | which shall include at a minimum a discussion of
morbidity | ||||||
26 | and mortality between all professional staff
involved in |
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1 | the care of trauma patients;
| ||||||
2 | (9) The establishment of a Regional trauma
quality | ||||||
3 | assurance and improvement subcommittee, consisting of
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4 | trauma surgeons, which shall perform periodic medical | ||||||
5 | audits
of each trauma center's trauma services, and forward
| ||||||
6 | tabulated data from such reviews to the Department; and
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7 | (10) The establishment, within 90 days of the effective | ||||||
8 | date of this
amendatory Act of 1996, of an internal | ||||||
9 | disaster plan, which shall include, at a
minimum, | ||||||
10 | contingency plans for the transfer of patients to other | ||||||
11 | facilities if
an evacuation of the hospital becomes | ||||||
12 | necessary due to a catastrophe, including
but not limited | ||||||
13 | to, a power failure.
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14 | (c) The Region's EMS Medical Directors and Trauma
Center | ||||||
15 | Medical Directors Committees shall appoint any
subcommittees | ||||||
16 | which they deem necessary to address specific
issues concerning | ||||||
17 | Region activities.
| ||||||
18 | (Source: P.A. 89-177, eff. 7-19-95; 89-667, eff. 1-1-97.)
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19 | (210 ILCS 50/3.116 new) | ||||||
20 | Sec. 3.116. Hospital Stroke Care; definitions. As used in | ||||||
21 | Sections 3.116 through 3.119, 3.130, 3.200, and 3.226 of this | ||||||
22 | Act: | ||||||
23 | "Certification" or "certified" means certification, using | ||||||
24 | evidence-based standards, from a nationally-recognized | ||||||
25 | certifying body approved by the Department. |
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1 | "Designation" or "designated" means the Department's | ||||||
2 | recognition of a hospital as a Primary Stroke Center or | ||||||
3 | Emergent Stroke Ready Hospital. | ||||||
4 | "Emergent stroke care" is emergency medical care that | ||||||
5 | includes diagnosis and emergency medical treatment of acute | ||||||
6 | stroke patients. | ||||||
7 | "Emergent Stroke Ready Hospital" means a hospital that has | ||||||
8 | been designated by the Department as meeting the criteria for | ||||||
9 | providing emergent stroke care. | ||||||
10 | "Primary Stroke Center" means a hospital that has been | ||||||
11 | certified by a Department-approved, nationally-recognized | ||||||
12 | certifying body and designated as such by the Department. | ||||||
13 | "Regional Stroke Advisory Subcommittee" means a | ||||||
14 | subcommittee formed within each Regional EMS Advisory | ||||||
15 | Committee to advise the Director and the Region's EMS Medical | ||||||
16 | Directors Committee on the triage, treatment, and transport of | ||||||
17 | possible acute stroke patients and to select the Region's | ||||||
18 | representative to the State Stroke Advisory Subcommittee. The | ||||||
19 | Regional Stroke Advisory Subcommittee shall consist of one | ||||||
20 | representative from the EMS Medical Directors Committee; equal | ||||||
21 | numbers of administrative representatives, or their designees, | ||||||
22 | from Primary Stroke Centers within the Region, if any, and from | ||||||
23 | hospitals that are capable of providing emergent stroke care | ||||||
24 | that are not Primary Stroke Centers within the Region; one | ||||||
25 | neurologist from a Primary Stroke Center in the Region, if any; | ||||||
26 | one nurse practicing in a Primary Stroke Center and one nurse |
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1 | from a hospital capable of providing emergent stroke care that | ||||||
2 | is not a Primary Stroke Center; one representative from both a | ||||||
3 | public and a private vehicle service provider which transports | ||||||
4 | possible acute stroke patients within the Region; the State | ||||||
5 | designated regional EMS Coordinator; and in regions that serve | ||||||
6 | a population of over 2,000,000, a fire chief, or designee, from | ||||||
7 | the EMS Region. | ||||||
8 | "State Stroke Advisory Subcommittee" means a standing | ||||||
9 | advisory body within the State Emergency Medical Services | ||||||
10 | Advisory Council. | ||||||
11 | (210 ILCS 50/3.117 new) | ||||||
12 | Sec. 3.117. Hospital Designations. | ||||||
13 | (a) The Department shall attempt to designate Primary | ||||||
14 | Stroke Centers in all areas of the State. | ||||||
15 | (1) The Department shall designate as many certified
| ||||||
16 | Primary Stroke Centers as apply for that designation | ||||||
17 | provided they are certified by a nationally-recognized | ||||||
18 | certifying body, approved by the Department, and | ||||||
19 | certification criteria are consistent with the most | ||||||
20 | current nationally-recognized, evidence-based stroke | ||||||
21 | guidelines related to reducing the occurrence, | ||||||
22 | disabilities, and death associated with stroke. | ||||||
23 | (2) A hospital certified as a Primary Stroke Center by | ||||||
24 | a nationally-recognized certifying body approved by the | ||||||
25 | Department, shall send a copy of the Certificate to the |
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1 | Department and shall be deemed, within 30 days of its | ||||||
2 | receipt by the Department, to be a State-designated Primary | ||||||
3 | Stroke Center. | ||||||
4 | (3) With respect to a hospital that is a designated | ||||||
5 | Primary Stroke Center, the Department shall have the | ||||||
6 | authority and responsibility to do the following: | ||||||
7 | (A) Suspend or revoke a hospital's Primary Stroke | ||||||
8 | Center designation upon receiving notice that the | ||||||
9 | hospital's Primary Stroke Center certification has | ||||||
10 | lapsed or has been revoked by the State recognized | ||||||
11 | certifying body. | ||||||
12 | (B) Suspend a hospital's Primary Stroke Center | ||||||
13 | designation, in extreme circumstances where patients | ||||||
14 | may be at risk for immediate harm or death, until such | ||||||
15 | time as the certifying body investigates and makes a | ||||||
16 | final determination regarding certification. | ||||||
17 | (C) Restore any previously suspended or revoked | ||||||
18 | Department designation upon notice to the Department | ||||||
19 | that the certifying body has confirmed or restored the | ||||||
20 | Primary Stroke Center certification of that previously | ||||||
21 | designated hospital. | ||||||
22 | (D) Suspend a hospital's Primary Stroke Center | ||||||
23 | designation at the request of a hospital seeking to | ||||||
24 | suspend its own Department designation. | ||||||
25 | (4) Primary Stroke Center designation shall remain | ||||||
26 | valid at all times while the hospital maintains its |
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1 | certification as a Primary Stroke Center, in good standing, | ||||||
2 | with the certifying body. The duration of a Primary Stroke | ||||||
3 | Center designation shall coincide with the duration of its | ||||||
4 | Primary Stroke Center certification. Each designated | ||||||
5 | Primary Stroke Center shall have its designation | ||||||
6 | automatically renewed upon the Department's receipt of a | ||||||
7 | copy of the accrediting body's certification renewal. | ||||||
8 | (5) A hospital that no longer meets | ||||||
9 | nationally-recognized, evidence-based standards for | ||||||
10 | Primary Stroke Centers, or loses its Primary Stroke Center | ||||||
11 | certification, shall immediately notify the Department and | ||||||
12 | the Regional EMS Advisory Committee. | ||||||
13 | (b) The Department shall attempt to designate hospitals as | ||||||
14 | Emergent Stroke Ready Hospitals capable of providing emergent | ||||||
15 | stroke care in all areas of the State. | ||||||
16 | (1) The Department shall designate as many Emergent | ||||||
17 | Stroke Ready Hospitals as apply for that designation as | ||||||
18 | long as they meet the criteria in this Act. | ||||||
19 | (2) Hospitals may apply for, and receive, Emergent | ||||||
20 | Stroke Ready Hospital designation from the Department, | ||||||
21 | provided that the hospital attests, on a form developed by | ||||||
22 | the Department in consultation with the State Stroke | ||||||
23 | Advisory Subcommittee, that it meets, and will continue to | ||||||
24 | meet, the criteria for Emergent Stroke Ready Hospital | ||||||
25 | designation. | ||||||
26 | (3) Hospitals seeking Emergent Stroke Ready Hospital |
| |||||||
| |||||||
1 | designation shall develop policies and procedures that | ||||||
2 | consider nationally-recognized, evidence-based protocols | ||||||
3 | for the provision of emergent stroke care. Hospital | ||||||
4 | policies relating to emergent stroke care and stroke | ||||||
5 | patient outcomes shall be reviewed at least annually, or | ||||||
6 | more often as needed, by a hospital committee that oversees | ||||||
7 | quality improvement. Adjustments shall be made as | ||||||
8 | necessary to advance the quality of stroke care delivered. | ||||||
9 | Criteria for Emergent Stroke Ready Hospital designation of | ||||||
10 | hospitals shall be limited to the ability of a hospital to: | ||||||
11 | (A) create written acute care protocols related to | ||||||
12 | emergent stroke care; | ||||||
13 | (B) maintain a written transfer agreement with one | ||||||
14 | or more hospitals that have neurosurgical expertise; | ||||||
15 | (C) designate a director of stroke care, which may | ||||||
16 | be a clinical member of the hospital staff or the | ||||||
17 | designee of the hospital administrator, to oversee the | ||||||
18 | hospital's stroke care policies and procedures; | ||||||
19 | (D) administer thrombolytic therapy, or | ||||||
20 | subsequently developed medical therapies that meet | ||||||
21 | nationally-recognized, evidence-based stroke | ||||||
22 | guidelines; | ||||||
23 | (E) conduct brain image tests at all times; | ||||||
24 | (F) conduct blood coagulation studies at all | ||||||
25 | times; and | ||||||
26 | (G) maintain a log of stroke patients, which shall |
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| |||||||
1 | be available for review upon request by the Department | ||||||
2 | or any hospital that has a written transfer agreement | ||||||
3 | with the Emergent Stroke Ready Hospital. | ||||||
4 | (4) With respect to Emergent Stroke Ready Hospital | ||||||
5 | designation, the Department shall have the authority and | ||||||
6 | responsibility to do the following: | ||||||
7 | (A) Require hospitals applying for Emergent Stroke | ||||||
8 | Ready Hospital designation to attest, on a form | ||||||
9 | developed by the Department in consultation with the | ||||||
10 | State Stroke Advisory Subcommittee, that the hospital | ||||||
11 | meets, and will continue to meet, the criteria for a | ||||||
12 | Emergent Stroke Ready Hospital. | ||||||
13 | (B) Designate a hospital as an Emergent Stroke | ||||||
14 | Ready Hospital no more than 20 business days after | ||||||
15 | receipt of an attestation that meets the requirements | ||||||
16 | for attestation. | ||||||
17 | (C) Require annual written attestation, on a form | ||||||
18 | developed by the Department in consultation with the | ||||||
19 | State Stroke Advisory Subcommittee, by Emergent Stroke | ||||||
20 | Ready Hospitals to indicate compliance with Emergent | ||||||
21 | Stroke Ready Hospital criteria, as described in this | ||||||
22 | Section, and automatically renew Emergent Stroke Ready | ||||||
23 | Hospital designation of the hospital. | ||||||
24 | (D) Issue an Emergency Suspension of Emergent | ||||||
25 | Stroke Ready Hospital designation when the Director, | ||||||
26 | or his or her designee, has determined that the |
| |||||||
| |||||||
1 | hospital no longer meets the Emergent Stroke Ready | ||||||
2 | Hospital criteria and an immediate and serious danger | ||||||
3 | to the public health, safety, and welfare exists. If | ||||||
4 | the Emergent Stroke Ready Hospital fails to eliminate | ||||||
5 | the violation immediately or within a fixed period of | ||||||
6 | time, not exceeding 10 days, as determined by the | ||||||
7 | Director, the Director may immediately revoke the | ||||||
8 | Emergent Stroke Ready Hospital designation. The | ||||||
9 | Emergent Stroke Ready Hospital may appeal the | ||||||
10 | revocation within 15 days after receiving the | ||||||
11 | Director's revocation order, by requesting an | ||||||
12 | administrative hearing. | ||||||
13 | (E) After notice and an opportunity for an | ||||||
14 | administrative hearing, suspend, revoke, or refuse to | ||||||
15 | renew an Emergent Stroke Ready Hospital designation, | ||||||
16 | when the Department finds the hospital is not in | ||||||
17 | substantial compliance with current Emergent Stroke | ||||||
18 | Ready Hospital criteria. | ||||||
19 | (c) The Department shall consult with the State Stroke | ||||||
20 | Advisory Subcommittee for developing the designation and | ||||||
21 | de-designation processes for Primary Stroke Centers and | ||||||
22 | Emergent Stroke Ready Hospitals. | ||||||
23 | (210 ILCS 50/3.117.5 new) | ||||||
24 | Sec. 3.117.5. Hospital Stroke Care; grants. | ||||||
25 | (a) In order to encourage the establishment and retention |
| |||||||
| |||||||
1 | of Primary Stroke Centers and Emergent Stroke Ready Hospitals | ||||||
2 | throughout the State, the Director may award, subject to | ||||||
3 | appropriation, matching grants to hospitals to be used for the | ||||||
4 | acquisition and maintenance of necessary infrastructure, | ||||||
5 | including personnel, equipment, and pharmaceuticals for the | ||||||
6 | diagnosis and treatment of acute stroke patients. Grants may be | ||||||
7 | used to pay the fee for certifications by Department approved | ||||||
8 | nationally-recognized certifying bodies or to provide | ||||||
9 | additional training for directors of stroke care or for | ||||||
10 | hospital staff. | ||||||
11 | (b) The Director may award grant moneys to Primary Stroke | ||||||
12 | Centers and Emergent Stroke Ready Hospitals for developing or | ||||||
13 | enlarging stroke networks, for stroke education, and to enhance | ||||||
14 | the ability of the EMS System to respond to possible acute | ||||||
15 | stroke patients. | ||||||
16 | (c) A Primary Stroke Center, Emergent Stroke Ready | ||||||
17 | Hospital, or hospital seeking certification as a Primary Stroke | ||||||
18 | Center or designation as an Emergent Stroke Ready Hospital may | ||||||
19 | apply to the Director for a matching grant in a manner and form | ||||||
20 | specified by the Director and shall provide information as the | ||||||
21 | Director deems necessary to determine whether the hospital is | ||||||
22 | eligible for the grant. | ||||||
23 | (d) Matching grant awards shall be made to Primary Stroke | ||||||
24 | Centers, Emergent Stroke Ready Hospitals, or hospitals seeking | ||||||
25 | certification or designation as a Primary Stroke Center or | ||||||
26 | designation as an Emergent Stroke Ready Hospital. The |
| |||||||
| |||||||
1 | Department may consider prioritizing grant awards to hospitals | ||||||
2 | in areas with the highest incidence of stroke, taking into | ||||||
3 | account geographic diversity, where possible. | ||||||
4 | (210 ILCS 50/3.118 new) | ||||||
5 | Sec. 3.118. Reporting. | ||||||
6 | (a) The Director shall, not later than July 1, 2012, | ||||||
7 | prepare and submit to the Governor and the General Assembly a | ||||||
8 | report indicating the total number of hospitals that have | ||||||
9 | applied for grants, the project for which the application was | ||||||
10 | submitted, the number of those applicants that have been found | ||||||
11 | eligible for the grants, the total number of grants awarded, | ||||||
12 | the name and address of each grantee, and the amount of the | ||||||
13 | award issued to each grantee. | ||||||
14 | (b) By July 1, 2010, the Director shall send the list of | ||||||
15 | designated Primary Stroke Centers and designated Emergent | ||||||
16 | Stroke Ready Hospitals to all Resource Hospital EMS Medical | ||||||
17 | Directors in this State and shall post a list of designated | ||||||
18 | Primary Stroke Centers and Emergent Stroke Ready Hospitals on | ||||||
19 | the Department's website, which shall be continuously updated. | ||||||
20 | (c) The Department shall add the names of designated | ||||||
21 | Primary Stroke Centers and Emergent Stroke Ready Hospitals to | ||||||
22 | the website listing immediately upon designation and shall | ||||||
23 | immediately remove the name when a hospital loses its | ||||||
24 | designation after notice and a hearing. | ||||||
25 | (d) Stroke data collection systems and all stroke-related |
| |||||||
| |||||||
1 | data collected from hospitals shall comply with the following | ||||||
2 | requirements: | ||||||
3 | (1) The confidentiality of patient records shall be | ||||||
4 | maintained in accordance with State and federal laws. | ||||||
5 | (2) Hospital proprietary information and the names of | ||||||
6 | any hospital administrator, health care professional, or | ||||||
7 | employee shall not be subject to disclosure. | ||||||
8 | (3) Information submitted to the Department shall be | ||||||
9 | privileged and strictly confidential and shall be used only | ||||||
10 | for the evaluation and improvement of hospital stroke care. | ||||||
11 | Stroke data collected by the Department shall not be | ||||||
12 | directly available to the public and shall not be subject | ||||||
13 | to civil subpoena, nor discoverable or admissible in any | ||||||
14 | civil, criminal, or administrative proceeding against a | ||||||
15 | health care facility or health care professional. | ||||||
16 | (e) The Department may administer a data collection system | ||||||
17 | to collect data that is already reported by designated Primary | ||||||
18 | Stroke Centers to their certifying body, to fulfill Primary | ||||||
19 | Stroke Center certification requirements. Primary Stroke | ||||||
20 | Centers may provide complete copies of the same reports that | ||||||
21 | are submitted to their certifying body, to satisfy any | ||||||
22 | Department reporting requirements. In the event the Department | ||||||
23 | establishes reporting requirements for designated Primary | ||||||
24 | Stroke Centers, the Department shall permit each designated | ||||||
25 | Primary Stroke Center to capture information using existing | ||||||
26 | electronic reporting tools used for certification purposes. |
| |||||||
| |||||||
1 | Nothing in this Section shall be construed to empower the | ||||||
2 | Department to specify the form of internal recordkeeping. Three | ||||||
3 | years from the effective date of this amendatory Act of the | ||||||
4 | 96th General Assembly, the Department may post stroke data | ||||||
5 | submitted by Primary Stroke Centers on its website, subject to | ||||||
6 | the following: | ||||||
7 | (1) Data collection and analytical methodologies shall | ||||||
8 | be used that meet accepted standards of validity and | ||||||
9 | reliability before any information is made available to the | ||||||
10 | public. | ||||||
11 | (2) The limitations of the data sources and analytic | ||||||
12 | methodologies used to develop comparative hospital | ||||||
13 | information shall be clearly identified and acknowledged, | ||||||
14 | including, but not limited to, the appropriate and | ||||||
15 | inappropriate uses of the data. | ||||||
16 | (3) To the greatest extent possible, comparative | ||||||
17 | hospital information initiatives shall use standard-based | ||||||
18 | norms derived from widely accepted provider-developed | ||||||
19 | practice guidelines. | ||||||
20 | (4) Comparative hospital information and other | ||||||
21 | information that the Department has compiled regarding | ||||||
22 | hospitals shall be shared with the hospitals under review | ||||||
23 | prior to public dissemination of the information. | ||||||
24 | Hospitals have 30 days to make corrections and to add | ||||||
25 | helpful explanatory comments about the information before | ||||||
26 | the publication. |
| |||||||
| |||||||
1 | (5) Comparisons among hospitals shall adjust for | ||||||
2 | patient case mix and other relevant risk factors and | ||||||
3 | control for provider peer groups, when appropriate. | ||||||
4 | (6) Effective safeguards to protect against the | ||||||
5 | unauthorized use or disclosure of hospital information | ||||||
6 | shall be developed and implemented. | ||||||
7 | (7) Effective safeguards to protect against the | ||||||
8 | dissemination of inconsistent, incomplete, invalid, | ||||||
9 | inaccurate, or subjective hospital data shall be developed | ||||||
10 | and implemented. | ||||||
11 | (8) The quality and accuracy of hospital information | ||||||
12 | reported under this Act and its data collection, analysis, | ||||||
13 | and dissemination methodologies shall be evaluated | ||||||
14 | regularly. | ||||||
15 | (9) None of the information the Department discloses to | ||||||
16 | the public under this Act may be used to establish a | ||||||
17 | standard of care in a private civil action. | ||||||
18 | (10) The Department shall disclose information under | ||||||
19 | this Section in accordance with provisions for inspection | ||||||
20 | and copying of public records required by the Freedom of | ||||||
21 | Information Act, provided that the information satisfies | ||||||
22 | the provisions of this Section. | ||||||
23 | (11) Notwithstanding any other provision of law, under | ||||||
24 | no circumstances shall the Department disclose information | ||||||
25 | obtained from a hospital that is confidential under Part 21 | ||||||
26 | of Article VIII of the Code of Civil Procedure. |
| |||||||
| |||||||
1 | (12) No hospital report or Department disclosure may | ||||||
2 | contain information identifying a patient, employee, or | ||||||
3 | licensed professional. | ||||||
4 | (210 ILCS 50/3.118.5 new) | ||||||
5 | Sec. 3.118.5. State Stroke Advisory Subcommittee; triage | ||||||
6 | and transport of possible acute stroke patients. | ||||||
7 | (a) There shall be established within the State Emergency | ||||||
8 | Medical Services Advisory Council, or other statewide body | ||||||
9 | responsible for emergency health care, a standing State Stroke | ||||||
10 | Advisory Subcommittee, which shall serve as an advisory body to | ||||||
11 | the Council and the Department on matters related to the | ||||||
12 | triage, treatment, and transport of possible acute stroke | ||||||
13 | patients. Membership on the Committee shall be as | ||||||
14 | geographically diverse as possible and include one | ||||||
15 | representative from each Regional Stroke Advisory | ||||||
16 | Subcommittee, to be chosen by each Regional Stroke Advisory | ||||||
17 | Subcommittee. The Director shall appoint additional members, | ||||||
18 | as needed, to ensure there is adequate representation from the | ||||||
19 | following: | ||||||
20 | (1) an EMS Medical Director; | ||||||
21 | (2) a hospital administrator, or designee, from a | ||||||
22 | Primary Stroke Center; | ||||||
23 | (3) a hospital administrator, or designee, from a | ||||||
24 | hospital capable of providing emergent stroke care that is | ||||||
25 | not a Primary Stroke Center; |
| |||||||
| |||||||
1 | (4) a registered nurse from a Primary Stroke Center; | ||||||
2 | (5) a registered nurse from a hospital capable of | ||||||
3 | providing emergent stroke care that is not a Primary Stroke | ||||||
4 | Center; | ||||||
5 | (6) a neurologist from a Primary Stroke Center; | ||||||
6 | (7) an emergency department physician from a hospital, | ||||||
7 | capable of providing emergent stroke care, that is not a | ||||||
8 | Primary Stroke Center; | ||||||
9 | (8) an EMS Coordinator; | ||||||
10 | (9) an acute stroke patient advocate; | ||||||
11 | (10) a fire chief, or designee, from an EMS Region that | ||||||
12 | serves a population of over 2,000,000 people; | ||||||
13 | (11) a fire chief, or designee, from a rural EMS | ||||||
14 | Region; | ||||||
15 | (12) a representative from a private ambulance | ||||||
16 | provider; and | ||||||
17 | (13) a representative from the State Emergency Medical | ||||||
18 | Services Advisory Council. | ||||||
19 | (b) Of the members first appointed, 7 members shall be | ||||||
20 | appointed for a term of one year, 7 members shall be appointed | ||||||
21 | for a term of 2 years, and the remaining members shall be | ||||||
22 | appointed for a term of 3 years. The terms of subsequent | ||||||
23 | appointees shall be 3 years. | ||||||
24 | (c) The State Stroke Advisory Subcommittee shall be | ||||||
25 | provided a 90-day period in which to review and comment upon | ||||||
26 | all rules proposed by the Department pursuant to this Act |
| |||||||
| |||||||
1 | concerning stroke care, except for emergency rules adopted | ||||||
2 | pursuant to Section 5-45 of the Illinois Administrative | ||||||
3 | Procedure Act. The 90-day review and comment period shall | ||||||
4 | commence prior to publication of the proposed rules and upon | ||||||
5 | the Department's submission of the proposed rules to the | ||||||
6 | individual Committee members, if the Committee is not meeting | ||||||
7 | at the time the proposed rules are ready for Committee review. | ||||||
8 | (d) The State Stroke Advisory Subcommittee shall develop | ||||||
9 | and submit an evidence-based statewide stroke assessment tool | ||||||
10 | to clinically evaluate potential stroke patients to the | ||||||
11 | Department for final approval. Upon approval, the Department | ||||||
12 | shall disseminate the tool to all EMS Systems for adoption. The | ||||||
13 | Director shall post the Department-approved stroke assessment | ||||||
14 | tool on the Department's website. The State Stroke Advisory | ||||||
15 | Subcommittee shall review the Department-approved stroke | ||||||
16 | assessment tool at least annually to ensure its clinical | ||||||
17 | relevancy and to make changes when clinically warranted. | ||||||
18 | (e) Nothing in this Section shall preclude the State Stroke | ||||||
19 | Advisory Subcommittee from reviewing and commenting on | ||||||
20 | proposed rules which fall under the purview of the State | ||||||
21 | Emergency Medical Services Advisory Council. Nothing in this | ||||||
22 | Section shall preclude the Emergency Medical Services Advisory | ||||||
23 | Council from reviewing and commenting on proposed rules which | ||||||
24 | fall under the purview of the State Stroke Advisory | ||||||
25 | Subcommittee. | ||||||
26 | (f) The Director shall coordinate with and assist the EMS |
| |||||||
| |||||||
1 | System Medical Directors and Regional Stroke Advisory | ||||||
2 | Subcommittee within each EMS Region to establish protocols | ||||||
3 | related to the assessment, treatment, and transport of possible | ||||||
4 | acute stroke patients by licensed emergency medical services | ||||||
5 | providers. These protocols shall include regional transport | ||||||
6 | plans for the triage and transport of possible acute stroke | ||||||
7 | patients to the most appropriate Primary Stroke Center or | ||||||
8 | Emergent Stroke Ready Hospital, unless circumstances warrant | ||||||
9 | otherwise. | ||||||
10 | (210 ILCS 50/3.119 new) | ||||||
11 | Sec. 3.119. Stroke Care; restricted practices. Sections in | ||||||
12 | this Act pertaining to Primary Stroke Centers and Emergent | ||||||
13 | Stroke Ready Hospitals are not medical practice guidelines and | ||||||
14 | shall not be used to restrict the authority of a hospital to | ||||||
15 | provide services for which it has received a license under | ||||||
16 | State law.
| ||||||
17 | (210 ILCS 50/3.130)
| ||||||
18 | Sec. 3.130. Violations; Plans of Correction. Except for | ||||||
19 | emergency suspension orders, or actions
initiated pursuant to | ||||||
20 | Sections 3.117(a), 3.117(b), and Section 3.90(b)(10) of this | ||||||
21 | Act, prior
to initiating an action for suspension, revocation, | ||||||
22 | denial,
nonrenewal, or imposition of a fine pursuant to this | ||||||
23 | Act,
the Department shall:
| ||||||
24 | (a) Issue a Notice of Violation which specifies
the |
| |||||||
| |||||||
1 | Department's allegations of noncompliance and requests a
plan | ||||||
2 | of correction to be submitted within 10 days after
receipt of | ||||||
3 | the Notice of Violation;
| ||||||
4 | (b) Review and approve or reject the plan of
correction. If | ||||||
5 | the Department rejects the plan of
correction, it shall send | ||||||
6 | notice of the rejection and the
reason for the rejection. The | ||||||
7 | party shall have 10 days
after receipt of the notice of | ||||||
8 | rejection in which to submit
a modified plan;
| ||||||
9 | (c) Impose a plan of correction if a modified plan
is not | ||||||
10 | submitted in a timely manner or if the modified plan is
| ||||||
11 | rejected by the Department;
| ||||||
12 | (d) Issue a Notice of Intent to fine, suspend,
revoke, | ||||||
13 | nonrenew or deny if the party has failed to comply with the
| ||||||
14 | imposed plan of correction, and provide the party with an
| ||||||
15 | opportunity to request an administrative hearing. The
Notice of | ||||||
16 | Intent shall be effected by certified mail or by
personal | ||||||
17 | service, shall set forth the particular reasons for
the | ||||||
18 | proposed action, and shall provide the party with 15
days in | ||||||
19 | which to request a hearing.
| ||||||
20 | (Source: P.A. 89-177, eff. 7-19-95.)
| ||||||
21 | (210 ILCS 50/3.200)
| ||||||
22 | Sec. 3.200.
State Emergency Medical Services Advisory
| ||||||
23 | Council.
| ||||||
24 | (a) There shall be established within the Department
of | ||||||
25 | Public Health a State Emergency Medical Services Advisory
|
| |||||||
| |||||||
1 | Council, which shall serve as an advisory body to the
| ||||||
2 | Department on matters related to this Act.
| ||||||
3 | (b) Membership of the Council shall include one
| ||||||
4 | representative from each EMS Region, to be appointed by each
| ||||||
5 | region's EMS Regional Advisory Committee. The Governor
shall | ||||||
6 | appoint additional members to the Council as necessary
to | ||||||
7 | insure that the Council includes one representative from
each | ||||||
8 | of the following categories:
| ||||||
9 | (1) EMS Medical Director,
| ||||||
10 | (2) Trauma Center Medical Director,
| ||||||
11 | (3) Licensed, practicing physician with
regular and | ||||||
12 | frequent involvement in the provision of emergency care,
| ||||||
13 | (4) Licensed, practicing physician with
special | ||||||
14 | expertise in the surgical care of the trauma patient,
| ||||||
15 | (5) EMS System Coordinator,
| ||||||
16 | (6) TNS,
| ||||||
17 | (7) EMT-P,
| ||||||
18 | (8) EMT-I,
| ||||||
19 | (9) EMT-B,
| ||||||
20 | (10) Private vehicle service provider,
| ||||||
21 | (11) Law enforcement officer,
| ||||||
22 | (12) Chief of a public vehicle service provider,
| ||||||
23 | (13) Statewide firefighters' union member
affiliated | ||||||
24 | with a vehicle service provider,
| ||||||
25 | (14) Administrative representative from a fire
| ||||||
26 | department vehicle service provider in a municipality with |
| |||||||
| |||||||
1 | a
population of over 2 million people;
| ||||||
2 | (15) Administrative representative from a
Resource | ||||||
3 | Hospital or EMS System Administrative Director.
| ||||||
4 | (c) Of the members first appointed, 5 members
shall be | ||||||
5 | appointed for a term of one year, 5 members shall be
appointed | ||||||
6 | for a term of 2 years, and the remaining members
shall be | ||||||
7 | appointed for a term of 3 years. The terms of
subsequent | ||||||
8 | appointees shall be 3 years. All appointees
shall serve until | ||||||
9 | their successors are appointed and
qualified.
| ||||||
10 | (d) The Council shall be provided a 90-day period
in which | ||||||
11 | to review and comment , in consultation with the subcommittee to | ||||||
12 | which the rules are relevant, upon all rules proposed by the
| ||||||
13 | Department pursuant to this Act, except for rules adopted
| ||||||
14 | pursuant to Section 3.190(a) of this Act, rules submitted to
| ||||||
15 | the State Trauma Advisory Council and emergency rules
adopted | ||||||
16 | pursuant to Section 5-45 of the Illinois
Administrative | ||||||
17 | Procedure Act. The 90-day review and comment
period may | ||||||
18 | commence upon the Department's submission of the
proposed rules | ||||||
19 | to the individual Council members, if the
Council is not | ||||||
20 | meeting at the time the proposed rules are
ready for Council | ||||||
21 | review. Any non-emergency rules adopted
prior to the Council's | ||||||
22 | 90-day review and comment period
shall be null and void. If the | ||||||
23 | Council fails to advise the
Department within its 90-day review | ||||||
24 | and comment period, the
rule shall be considered acted upon.
| ||||||
25 | (e) Council members shall be reimbursed for
reasonable | ||||||
26 | travel expenses incurred during the performance of their
duties |
| |||||||
| |||||||
1 | under this Section.
| ||||||
2 | (f) The Department shall provide administrative
support to | ||||||
3 | the Council for the preparation of the agenda and
minutes for | ||||||
4 | Council meetings and distribution of proposed
rules to Council | ||||||
5 | members.
| ||||||
6 | (g) The Council shall act pursuant to bylaws which
it | ||||||
7 | adopts, which shall include the annual election of a Chair
and | ||||||
8 | Vice-Chair.
| ||||||
9 | (h) The Director or his designee shall be present
at all | ||||||
10 | Council meetings.
| ||||||
11 | (i) Nothing in this Section shall preclude the
Council from | ||||||
12 | reviewing and commenting on proposed rules which fall
under the | ||||||
13 | purview of the State Trauma Advisory Council.
| ||||||
14 | (Source: P.A. 89-177, eff. 7-19-95; 90-655, eff. 7-30-98.)
| ||||||
15 | (210 ILCS 50/3.226 new) | ||||||
16 | Sec. 3.226. Hospital Stroke Care Fund. | ||||||
17 | (a) The Hospital Stroke Care Fund is created as a special | ||||||
18 | fund in the State treasury for the purpose of receiving | ||||||
19 | appropriations, donations, and grants collected by the | ||||||
20 | Illinois Department of Public Health pursuant to Department | ||||||
21 | designation of Primary Stroke Centers and Emergent Stroke Ready | ||||||
22 | Hospitals. All moneys collected by the Department pursuant to | ||||||
23 | its authority to designate Primary Stroke Centers and Emergent | ||||||
24 | Stroke Ready Hospitals shall be deposited into the Fund, to be | ||||||
25 | used for the purposes in subsection (b). |
| |||||||
| |||||||
1 | (b) The purpose of the Fund is to allow the Director of the | ||||||
2 | Department to award matching grants to hospitals that have been | ||||||
3 | certified Primary Stroke Centers, that seek certification or | ||||||
4 | designation or both as Primary Stroke Centers, that have been | ||||||
5 | designated Emergent Stroke Ready Hospitals, that seek | ||||||
6 | designation as Emergent Stroke Ready Hospitals, and for the | ||||||
7 | development of stroke networks. Hospitals may use grant funds | ||||||
8 | to work with the EMS System to improve outcomes of possible | ||||||
9 | acute stroke patients. | ||||||
10 | (c) Moneys deposited in the Hospital Stroke Care Fund shall | ||||||
11 | be allocated according to the hospital needs within each EMS | ||||||
12 | region and used solely for the purposes described in this Act. | ||||||
13 | (d) Interfund transfers from the Hospital Stroke Care Fund | ||||||
14 | shall be prohibited. ".
|