99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4388
 
Introduced , by Rep. Grant Wehrli
 
SYNOPSIS AS INTRODUCED:
 

 
  
210 ILCS 50/32.5

     Amends the Emergency Medical Services (EMS) Systems Act. Requires a freestanding emergency center (FEC) to limits its participation in the EMS System strictly to receiving a
limited number of ambulance runs  by emergency medical vehicles as pre-approved by both the EMS Medical Director and the Department and  according to the FEC's 24-hour capabilities and  protocols
developed by the Resource Hospital within the FEC's
designated EMS System. Effective immediately.
  


LRB099 15468 RPS 39754 b

FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
HB4388LRB099 15468 RPS 39754 b


  
1    AN ACT concerning regulation.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Emergency Medical Services (EMS) Systems Act 
5is amended  by changing Section 32.5 as follows:
 



6    (210 ILCS 50/32.5)



7    Sec. 32.5. Freestanding Emergency Center. 

8    (a) The Department shall issue an annual Freestanding 
9Emergency Center (FEC)
license to any facility that has 
10received a permit from the Health Facilities and Services 
11Review Board to establish a Freestanding Emergency Center by 
12January 1, 2015, and:


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

14    of 50,000 or fewer inhabitants; (B) within 50 miles of the

15    hospital that owns or controls the FEC; and (C) within 50 
16    miles of the Resource
Hospital affiliated with the FEC as 
17    part of the EMS System;


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


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


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


2            (B) equipment standards; and


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


7        (4) limits its participation in the EMS System strictly 
8    to receiving a
limited number of ambulance BLS runs  by 
9    emergency medical vehicles as pre-approved by both the EMS 
10    Medical Director and the Department and  according to: (A) 
11    the FEC's 24-hour capabilities; and (B) protocols

12    developed by the Resource Hospital within the FEC's

13    designated EMS System and approved by the Project Medical 
14    Director and the
Department;


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


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


22        (7) (blank);


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


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


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


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


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

15    activities;


16        (13) complies with any other rules adopted by the

17    Department
under this Act that relate to FECs;


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


20        (15) submits a copy of the permit issued by
the Health 
21    Facilities and Services Review Board indicating that the 
22    facility has complied with the Illinois Health Facilities 
23    Planning Act with respect to the health services to be 
24    provided at the facility;


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



2        (17) pays the annual license fee as determined by the 
3    Department by
rule.

4    (a-5) Notwithstanding any other provision of this Section, 
5the Department may issue an annual FEC license to a facility 
6that is located in a county that does not have a licensed 
7general acute care hospital if the facility's application for a 
8permit from the Illinois Health Facilities Planning Board has 
9been deemed complete by the Department of Public Health by 
10January 1, 2014 and if the facility complies with the 
11requirements set forth in paragraphs (1) through (17) of 
12subsection (a). 
13    (a-10) Notwithstanding any other provision of this 
14Section, the Department may issue an annual FEC license to a 
15facility if the facility has, by January 1, 2014, filed a 
16letter of intent to establish an FEC and if the facility 
17complies with the requirements set forth in paragraphs (1) 
18through (17) of subsection (a). 
19    (b) The Department shall:


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


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


4        (3) issue an Emergency Suspension Order for any FEC 
5    when the
Director or his or her designee has determined 
6    that the continued operation of
the FEC poses an immediate 
7    and serious danger to
the public health, safety, and 
8    welfare.
An opportunity for a
hearing shall be promptly 
9    initiated after an Emergency Suspension Order has
been 
10    issued; and


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

12(Source: P.A. 96-23, eff. 6-30-09; 96-31, eff. 6-30-09; 96-883, 
13eff. 3-1-10; 96-1000, eff. 7-2-10; 97-333, eff. 8-12-11; 
1497-1112, eff. 8-27-12.)

 
 
15    Section 99. Effective date. This Act takes effect upon 
16becoming law.