Rep. Linda Chapa LaVia
Filed: 5/29/2009
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 321




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    AMENDMENT NO. ______. Amend Senate Bill 321, AS AMENDED, by 
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replacing everything after the enacting clause with the 
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following:

 
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    "Section 5. The Emergency Medical Services (EMS) Systems 
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Act 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) Until June 30, 2009, the Department shall issue an 
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annual Freestanding Emergency Center (FEC)
license to any 
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facility that:


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        (1) is located: (A) in a municipality with
a population

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    of 75,000 or fewer inhabitants; (B) within 20 miles of the

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    hospital that owns or controls the FEC; and (C) within 20 
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    miles of the Resource
Hospital affiliated with the FEC as 
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    part of the EMS System;


 


 






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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 the permit issued by
the 
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    Illinois Health Facilities Planning Board indicating that 
 


 






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    the facility has complied with the Illinois Health 
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    Facilities Planning Act with respect to the health services 
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    to be provided at the facility;


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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.


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    (a-5) Notwithstanding any other provision of this Section, 
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the Department may issue an annual FEC license to a facility 
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that is located in a county that does not have a licensed 
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general acute care hospital if the facility's application for a 
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permit from the Illinois Health Facilities Planning Board has 
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been deemed complete by the Department of Public Health by 
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March 1, 2009 and if the facility complies with the 
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requirements set forth in paragraphs (1) through (17) of 
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subsection (a). 
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    (a-10) Notwithstanding any other provision of this 
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Section, the Department may issue an annual FEC license to a 
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facility if the facility has, by March 31, 2009, filed a letter 
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of intent to establish an FEC and if the facility complies with 
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the requirements set forth in paragraphs (1) through (17) of 
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subsection (a). 
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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. 95-584, eff. 8-31-07.)

 

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