|
Rep. Bob Biggins
Filed: 5/2/2008
|
|
09500HB4699ham003 |
|
LRB095 18756 DRJ 50195 a |
|
|
1 |
| AMENDMENT TO HOUSE BILL 4699
|
2 |
| AMENDMENT NO. ______. Amend House Bill 4699, AS AMENDED, by |
3 |
| replacing everything after the enacting clause with the |
4 |
| following:
|
5 |
| "Section 5. The Emergency Medical Services (EMS) Systems |
6 |
| Act is amended by changing Sections 3.25, 3.30, and 3.200 and |
7 |
| by adding Sections 3.1005, 3.1010, 3.1015, 3.1020, 3.1025, |
8 |
| 3.1030, 3.1035, 3.1040, and 3.1045 as follows:
|
9 |
| (210 ILCS 50/3.25)
|
10 |
| Sec. 3.25. EMS Region Plan; Development.
|
11 |
| (a) Within 6 months after designation of an EMS
Region, an |
12 |
| EMS Region Plan addressing at least the information
prescribed |
13 |
| in Section 3.30 shall be submitted to the
Department for |
14 |
| approval. The Plan shall be developed by the
Region's EMS |
15 |
| Medical Directors Committee with advice from the
Regional EMS |
16 |
| Advisory Committee; portions of the plan
concerning trauma |
|
|
|
09500HB4699ham003 |
- 2 - |
LRB095 18756 DRJ 50195 a |
|
|
1 |
| shall be developed jointly with the Region's
Trauma Center |
2 |
| Medical Directors or Trauma Center Medical
Directors |
3 |
| Committee, whichever is applicable, with advice from
the |
4 |
| Regional Trauma Advisory Committee, if such Advisory
Committee |
5 |
| has been established in the Region.
|
6 |
| (1) A Region's EMS Medical Directors
Committee shall be |
7 |
| comprised of the Region's EMS Medical Directors,
along with |
8 |
| the medical advisor to a fire department
vehicle service |
9 |
| provider. For regions which include a municipal fire
|
10 |
| department serving a population of over 2,000,000 people, |
11 |
| that fire
department's medical advisor shall serve on the |
12 |
| Committee. For other regions,
the fire department vehicle |
13 |
| service providers shall select which medical
advisor to |
14 |
| serve on the Committee on an annual basis.
|
15 |
| (2) A Region's Trauma Center Medical Directors
|
16 |
| Committee shall be comprised of the Region's Trauma Center
|
17 |
| Medical Directors.
|
18 |
| (b) A Region's Trauma Center Medical Directors may
choose |
19 |
| to participate in the development of the EMS Region
Plan |
20 |
| through membership on the Regional EMS Advisory
Committee, |
21 |
| rather than through a separate Trauma Center Medical Directors
|
22 |
| Committee. If that option is selected,
the Region's Trauma |
23 |
| Center Medical Director shall also
determine whether a separate |
24 |
| Regional Trauma Advisory
Committee is necessary for the Region.
|
25 |
| (c) In the event of disputes over content of the
Plan |
26 |
| between the Region's EMS Medical Directors Committee and the
|
|
|
|
09500HB4699ham003 |
- 3 - |
LRB095 18756 DRJ 50195 a |
|
|
1 |
| Region's Trauma Center Medical Directors or Trauma Center
|
2 |
| Medical Directors Committee, whichever is applicable, the
|
3 |
| Director of the Illinois Department of Public Health shall
|
4 |
| intervene through a mechanism established by the Department
|
5 |
| through rules adopted pursuant to this Act.
|
6 |
| (d) "Regional EMS Advisory Committee" means a
committee |
7 |
| formed within an Emergency Medical Services (EMS)
Region to |
8 |
| advise the Region's EMS Medical Directors
Committee and to |
9 |
| select the Region's representative to the
State Emergency |
10 |
| Medical Services Advisory Council,
consisting of at least the |
11 |
| members of the Region's EMS
Medical Directors Committee, the |
12 |
| Chair of the Regional
Trauma Committee, the EMS System |
13 |
| Coordinators from each
Resource Hospital within the Region, one |
14 |
| administrative
representative from an Associate Hospital |
15 |
| within the Region,
one administrative representative from a |
16 |
| Participating
Hospital within the Region, one administrative
|
17 |
| representative from the vehicle service provider which
|
18 |
| responds to the highest number of calls for emergency service |
19 |
| within
the Region, one administrative representative of a |
20 |
| vehicle
service provider from each System within the Region, |
21 |
| one
Emergency Medical Technician (EMT)/Pre-Hospital RN from |
22 |
| each
level of EMT/Pre-Hospital RN practicing within the Region,
|
23 |
| and one registered professional nurse currently practicing
in |
24 |
| an emergency department within the Region , and one neurologist |
25 |
| from a Primary Stroke Center .
Of the 2 administrative |
26 |
| representatives of vehicle service providers, at
least one |
|
|
|
09500HB4699ham003 |
- 4 - |
LRB095 18756 DRJ 50195 a |
|
|
1 |
| shall be an administrative representative of a private vehicle
|
2 |
| service provider. The
Department's Regional EMS Coordinator |
3 |
| for each Region shall
serve as a non-voting member of that |
4 |
| Region's EMS Advisory
Committee.
|
5 |
| Every 2 years, the members of the Region's EMS Medical
|
6 |
| Directors Committee shall rotate serving as Committee Chair,
|
7 |
| and select the Associate Hospital, Participating Hospital
and |
8 |
| vehicle service providers which shall send
representatives to |
9 |
| the Advisory Committee, and the
EMTs/Pre-Hospital RN and nurse |
10 |
| who shall serve on the
Advisory Committee.
|
11 |
| (e) "Regional Trauma Advisory Committee" means a
committee |
12 |
| formed within an Emergency Medical Services (EMS)
Region, to |
13 |
| advise the Region's Trauma Center Medical
Directors Committee, |
14 |
| consisting of at least the Trauma
Center Medical Directors and |
15 |
| Trauma Coordinators from each
Trauma Center within the Region, |
16 |
| one EMS Medical Director
from a resource hospital within the |
17 |
| Region, one EMS System
Coordinator from another resource |
18 |
| hospital within the
Region, one representative each from a |
19 |
| public and private
vehicle service provider which transports |
20 |
| trauma patients
within the Region, an administrative |
21 |
| representative from
each trauma center within the Region, one |
22 |
| EMT representing
the highest level of EMT practicing within the |
23 |
| Region, one
emergency physician and one Trauma Nurse Specialist |
24 |
| (TNS)
currently practicing in a trauma center. The Department's
|
25 |
| Regional EMS Coordinator for each Region shall serve as a
|
26 |
| non-voting member of that Region's Trauma Advisory
Committee.
|
|
|
|
09500HB4699ham003 |
- 5 - |
LRB095 18756 DRJ 50195 a |
|
|
1 |
| Every 2 years, the members of the Trauma Center Medical
|
2 |
| Directors Committee shall rotate serving as Committee Chair,
|
3 |
| and select the vehicle service providers, EMT, emergency
|
4 |
| physician, EMS System Coordinator and TNS who shall serve on
|
5 |
| the Advisory Committee.
|
6 |
| (Source: P.A. 89-177, eff. 7-19-95.)
|
7 |
| (210 ILCS 50/3.30)
|
8 |
| Sec. 3.30. EMS Region Plan; Content.
|
9 |
| (a) The EMS Medical Directors Committee shall address
at |
10 |
| least the following:
|
11 |
| (1) Protocols for inter-System/inter-Region
patient |
12 |
| transports, including identifying the conditions of
|
13 |
| emergency patients which may not be transported to the
|
14 |
| different levels of emergency department, based on their
|
15 |
| Department classifications and relevant Regional
|
16 |
| considerations (e.g. transport times and distances);
|
17 |
| (2) Regional standing medical orders;
|
18 |
| (3) Patient transfer patterns, including criteria
for |
19 |
| determining whether a patient needs the specialized
|
20 |
| services of a trauma center, along with protocols for the
|
21 |
| bypassing of or diversion to any hospital, trauma center or
|
22 |
| regional trauma center which are consistent with |
23 |
| individual
System bypass or diversion protocols and |
24 |
| protocols for
patient choice or refusal;
|
25 |
| (4) Protocols for resolving Regional or
Inter-System |
|
|
|
09500HB4699ham003 |
- 6 - |
LRB095 18756 DRJ 50195 a |
|
|
1 |
| conflict;
|
2 |
| (5) An EMS disaster preparedness plan which
includes |
3 |
| the actions and responsibilities of all EMS
participants |
4 |
| within the Region. Within 90 days of the effective date of |
5 |
| this
amendatory Act of 1996, an EMS System shall submit to |
6 |
| the Department for review
an internal disaster plan. At a |
7 |
| minimum, the plan shall include contingency
plans for the |
8 |
| transfer of patients to other facilities if an evacuation |
9 |
| of the
hospital becomes necessary due to a catastrophe, |
10 |
| including but not limited to, a
power failure;
|
11 |
| (6) Regional standardization of continuing
education |
12 |
| requirements;
|
13 |
| (7) Regional standardization of Do Not
Resuscitate |
14 |
| (DNR) policies, and protocols for power of
attorney for |
15 |
| health care; and
|
16 |
| (8) Protocols for disbursement of Department
grants ; |
17 |
| and .
|
18 |
| (9) Protocols for the triage, treatment, and transport |
19 |
| of patients to a Primary Stroke Center. |
20 |
| (b) The Trauma Center Medical Directors or Trauma
Center |
21 |
| Medical Directors Committee shall address at least
the |
22 |
| following:
|
23 |
| (1) The identification of Regional Trauma
Centers;
|
24 |
| (2) Protocols for inter-System and inter-Region
trauma |
25 |
| patient transports, including identifying the
conditions |
26 |
| of emergency patients which may not be
transported to the |
|
|
|
09500HB4699ham003 |
- 7 - |
LRB095 18756 DRJ 50195 a |
|
|
1 |
| different levels of emergency department,
based on their |
2 |
| Department classifications and relevant
Regional |
3 |
| considerations (e.g. transport times and
distances);
|
4 |
| (3) Regional trauma standing medical orders;
|
5 |
| (4) Trauma patient transfer patterns, including
|
6 |
| criteria for determining whether a patient needs the
|
7 |
| specialized services of a trauma center, along with
|
8 |
| protocols for the bypassing of or diversion to any |
9 |
| hospital,
trauma center or regional trauma center which are |
10 |
| consistent
with individual System bypass or diversion |
11 |
| protocols and
protocols for patient choice or refusal;
|
12 |
| (5) The identification of which types of patients
can |
13 |
| be cared for by Level I and Level II Trauma Centers;
|
14 |
| (6) Criteria for inter-hospital transfer of
trauma |
15 |
| patients;
|
16 |
| (7) The treatment of trauma patients in each
trauma |
17 |
| center within the Region;
|
18 |
| (8) A program for conducting a quarterly
conference |
19 |
| which shall include at a minimum a discussion of
morbidity |
20 |
| and mortality between all professional staff
involved in |
21 |
| the care of trauma patients;
|
22 |
| (9) The establishment of a Regional trauma
quality |
23 |
| assurance and improvement subcommittee, consisting of
|
24 |
| trauma surgeons, which shall perform periodic medical |
25 |
| audits
of each trauma center's trauma services, and forward
|
26 |
| tabulated data from such reviews to the Department; and
|
|
|
|
09500HB4699ham003 |
- 8 - |
LRB095 18756 DRJ 50195 a |
|
|
1 |
| (10) The establishment, within 90 days of the effective |
2 |
| date of this
amendatory Act of 1996, of an internal |
3 |
| disaster plan, which shall include, at a
minimum, |
4 |
| contingency plans for the transfer of patients to other |
5 |
| facilities if
an evacuation of the hospital becomes |
6 |
| necessary due to a catastrophe, including
but not limited |
7 |
| to, a power failure.
|
8 |
| (c) The Region's EMS Medical Directors and Trauma
Center |
9 |
| Medical Directors Committees shall appoint any
subcommittees |
10 |
| which they deem necessary to address specific
issues concerning |
11 |
| Region activities.
|
12 |
| (Source: P.A. 89-177, eff. 7-19-95; 89-667, eff. 1-1-97.)
|
13 |
| (210 ILCS 50/3.200)
|
14 |
| Sec. 3.200. State Emergency Medical Services Advisory
|
15 |
| Council.
|
16 |
| (a) There shall be established within the Department
of |
17 |
| Public Health a State Emergency Medical Services Advisory
|
18 |
| Council, which shall serve as an advisory body to the
|
19 |
| Department on matters related to this Act.
|
20 |
| (b) Membership of the Council shall include one
|
21 |
| representative from each EMS Region, to be appointed by each
|
22 |
| region's EMS Regional Advisory Committee. The Governor
shall |
23 |
| appoint additional members to the Council as necessary
to |
24 |
| insure that the Council includes one representative from
each |
25 |
| of the following categories:
|
|
|
|
09500HB4699ham003 |
- 9 - |
LRB095 18756 DRJ 50195 a |
|
|
1 |
| (1) EMS Medical Director,
|
2 |
| (2) Trauma Center Medical Director,
|
3 |
| (3) Licensed, practicing physician with
regular and |
4 |
| frequent involvement in the provision of emergency care,
|
5 |
| (4) Licensed, practicing physician with
special |
6 |
| expertise in the surgical care of the trauma patient,
|
7 |
| (4.5) Neurologist from a Primary Stroke Center,
|
8 |
| (5) EMS System Coordinator,
|
9 |
| (6) TNS,
|
10 |
| (7) EMT-P,
|
11 |
| (8) EMT-I,
|
12 |
| (9) EMT-B,
|
13 |
| (10) Private vehicle service provider,
|
14 |
| (11) Law enforcement officer,
|
15 |
| (12) Chief of a public vehicle service provider,
|
16 |
| (13) Statewide firefighters' union member
affiliated |
17 |
| with a vehicle service provider,
|
18 |
| (14) Administrative representative from a fire
|
19 |
| department vehicle service provider in a municipality with |
20 |
| a
population of over 2 million people;
|
21 |
| (15) Administrative representative from a
Resource |
22 |
| Hospital or EMS System Administrative Director.
|
23 |
| (c) Of the members first appointed, 5 members
shall be |
24 |
| appointed for a term of one year, 5 members shall be
appointed |
25 |
| for a term of 2 years, and the remaining members
shall be |
26 |
| appointed for a term of 3 years. The terms of
subsequent |
|
|
|
09500HB4699ham003 |
- 10 - |
LRB095 18756 DRJ 50195 a |
|
|
1 |
| appointees shall be 3 years. All appointees
shall serve until |
2 |
| their successors are appointed and
qualified.
|
3 |
| (d) The Council shall be provided a 90-day period
in which |
4 |
| to review and comment upon all rules proposed by the
Department |
5 |
| pursuant to this Act, except for rules adopted
pursuant to |
6 |
| Section 3.190(a) of this Act, rules submitted to
the State |
7 |
| Trauma Advisory Council and emergency rules
adopted pursuant to |
8 |
| Section 5-45 of the Illinois
Administrative Procedure Act. The |
9 |
| 90-day review and comment
period may commence upon the |
10 |
| Department's submission of the
proposed rules to the individual |
11 |
| Council members, if the
Council is not meeting at the time the |
12 |
| proposed rules are
ready for Council review. Any non-emergency |
13 |
| rules adopted
prior to the Council's 90-day review and comment |
14 |
| period
shall be null and void. If the Council fails to advise |
15 |
| the
Department within its 90-day review and comment period, the
|
16 |
| rule shall be considered acted upon.
|
17 |
| (e) Council members shall be reimbursed for
reasonable |
18 |
| travel expenses incurred during the performance of their
duties |
19 |
| under this Section.
|
20 |
| (f) The Department shall provide administrative
support to |
21 |
| the Council for the preparation of the agenda and
minutes for |
22 |
| Council meetings and distribution of proposed
rules to Council |
23 |
| members.
|
24 |
| (g) The Council shall act pursuant to bylaws which
it |
25 |
| adopts, which shall include the annual election of a Chair
and |
26 |
| Vice-Chair.
|
|
|
|
09500HB4699ham003 |
- 11 - |
LRB095 18756 DRJ 50195 a |
|
|
1 |
| (h) The Director or his designee shall be present
at all |
2 |
| Council meetings.
|
3 |
| (i) Nothing in this Section shall preclude the
Council from |
4 |
| reviewing and commenting on proposed rules which fall
under the |
5 |
| purview of the State Trauma Advisory Council.
|
6 |
| (Source: P.A. 89-177, eff. 7-19-95; 90-655, eff. 7-30-98.)
|
7 |
| (210 ILCS 50/3.1005 new) |
8 |
| Sec. 3.1005. Primary Stroke Center; findings. The General |
9 |
| Assembly finds and declares that: |
10 |
| (1) Despite significant advances in diagnosis, |
11 |
| treatment, and prevention, stroke remains the third |
12 |
| highest killer in the United States. An estimated 700,000 |
13 |
| to 750,000 new and recurrent strokes occur each year in |
14 |
| this country; and with the aging of the population, the |
15 |
| number of persons who have strokes is projected to increase |
16 |
| each year. Stroke is the number 3 killer of Illinois |
17 |
| residents and leads to the death of more than 7,500 |
18 |
| citizens of Illinois each year and disables thousands more. |
19 |
| Illinois, Indiana, and Ohio have higher stroke mortality |
20 |
| rates than neighboring states Michigan, Minnesota, and |
21 |
| Wisconsin. |
22 |
| (2) A level of stroke center and Regional Stroke Center |
23 |
| Systems should be established for the treatment of acute |
24 |
| stroke. Primary Stroke Centers should be established in |
25 |
| acute care hospitals to evaluate, stabilize, and provide |
|
|
|
09500HB4699ham003 |
- 12 - |
LRB095 18756 DRJ 50195 a |
|
|
1 |
| emergency care to patients with acute stroke. |
2 |
| (3) It is in the best interest of the residents of this |
3 |
| State to have a program to designate stroke centers |
4 |
| throughout the State, to provide specific patient care to |
5 |
| ensure that acute stroke patients receive safe and |
6 |
| effective care, and to provide financial support to acute |
7 |
| care hospitals to maintain and develop stroke centers. |
8 |
| Further, it is in the best interest of the people of the |
9 |
| State of Illinois to improve the State's emergency medical |
10 |
| response to ensure that stroke patients may be quickly |
11 |
| identified and transported to and treated in facilities |
12 |
| that provide timely and appropriate treatment for stroke |
13 |
| patients. |
14 |
| (210 ILCS 50/3.1010 new) |
15 |
| Sec. 3.1010. Primary Stroke Center; definitions. For |
16 |
| purposes of Section 3.1005 and the succeeding Sections: |
17 |
| "Department" means the Illinois Department of Public |
18 |
| Health. |
19 |
| "Director" means the Director of Public Health. |
20 |
| "Emergency medical services provider" or "EMS provider" |
21 |
| means a vehicle service provider which coordinates and provides |
22 |
| pre-hospital and inter-hospital emergency care and |
23 |
| non-emergency medical transports at a Basic Level Support (BLS) |
24 |
| Service, Intermediate Life Support (ILS) Service, or Advanced |
25 |
| Life Support (ALS) Service level, or any combination thereof, |
|
|
|
09500HB4699ham003 |
- 13 - |
LRB095 18756 DRJ 50195 a |
|
|
1 |
| pursuant to an EMS System program plan submitted to and |
2 |
| approved by the Department, and pursuant to the EMS Region Plan |
3 |
| adopted for the EMS Region in which the system is located. |
4 |
| "Emergency Medical Services Region" or "EMS Region" means a |
5 |
| geographic area designated by the Department that encompasses |
6 |
| EMS Systems and trauma centers, in which emergency medical |
7 |
| services, trauma centers, and non-emergency medical services |
8 |
| are coordinated under an EMS Region Plan. |
9 |
| "Emergency Medical Services System" or "EMS System" means |
10 |
| an organization of hospitals, vehicle service providers, and |
11 |
| personnel approved by the Department in a specific geographic
|
12 |
| area, which coordinates and provides pre-hospital and |
13 |
| inter-hospital emergency care and non-emergency medical |
14 |
| transports at a BLS, ILS, or ALS level pursuant to a system |
15 |
| program plan submitted to and approved by the Department and |
16 |
| pursuant to the EMS Region Plan adopted for the EMS Region in |
17 |
| which the EMS System is located. |
18 |
| "Emergency Medical Services Medical Director" or "EMS |
19 |
| Medical Director" means the physician, appointed by the |
20 |
| Resource Hospital, who has the responsibility and authority for |
21 |
| total management of the EMS System. |
22 |
| "Primary Stroke Center" means a hospital that has been |
23 |
| designated by the Department by any one of the following 3 |
24 |
| methods: by the Joint Commission; by another |
25 |
| nationally-recognized accrediting body as approved by the |
26 |
| Department as qualifying and maintaining conformance with the |
|
|
|
09500HB4699ham003 |
- 14 - |
LRB095 18756 DRJ 50195 a |
|
|
1 |
| requirements of this Act; or by the Department utilizing |
2 |
| national-recognized body designation criteria. The Primary |
3 |
| Stroke Center shall develop a plan outlining a system of care |
4 |
| for stoke victims. This plan shall identify the services |
5 |
| associated with stroke prevention, treatment, and |
6 |
| rehabilitation such as: primordial and primary prevention; |
7 |
| community education; acute stroke treatment, including the |
8 |
| hyper acute and emergency department phases; sub-acute stroke |
9 |
| treatment and secondary prevention; rehabilitation; and |
10 |
| continuous quality improvement (CQI) activities. |
11 |
| "Regional EMS Medical Directors Committee" or "Committee" |
12 |
| means a group comprised of the Region's EMS Medical Directors, |
13 |
| along with the medical advisor to a fire department vehicle
|
14 |
| service provider. For Regions that include a municipal fire |
15 |
| department serving a population of over 2,000,000 people, that |
16 |
| fire department's medical advisor shall serve on the Committee.
|
17 |
| For other EMS Regions, the fire department vehicle service |
18 |
| providers shall select which medical advisor shall serve on the |
19 |
| Committee on an annual basis. |
20 |
| "Regional Stroke Center System" means an organization of |
21 |
| Primary Stroke Centers, EMS Systems, hospitals, vehicle |
22 |
| service providers, and personnel approved by the Department, |
23 |
| operating in an established EMS Region, which coordinates and |
24 |
| provides pre-hospital, hospital, and inter-hospital care to |
25 |
| acute stroke victims. |
26 |
| "Resource Hospital" means the hospital with the authority |
|
|
|
09500HB4699ham003 |
- 15 - |
LRB095 18756 DRJ 50195 a |
|
|
1 |
| and the responsibility for an EMS System as outlined in the |
2 |
| Department-approved EMS System Program Plan. |
3 |
| (210 ILCS 50/3.1015 new) |
4 |
| Sec. 3.1015. Recognition of Primary Stroke Centers. |
5 |
| (a) The Department shall attempt to designate a Primary |
6 |
| Stroke Center in all areas of the State. The Department shall |
7 |
| authorize State designation status for any hospital that meets |
8 |
| any of the following criteria: |
9 |
| (1) The hospital is designated a Primary Stroke Center |
10 |
| by the Joint Commission. |
11 |
| (2) The hospital is designated a Primary Stroke Center |
12 |
| by a nationally-recognized accrediting body as approved by |
13 |
| the Department, provided that the designation criteria of |
14 |
| the accrediting body are in keeping with the most recent |
15 |
| evidence-based stroke guidelines as determined by national
|
16 |
| organizations recognized for leadership and expertise in |
17 |
| evidence-based practices related to reducing the |
18 |
| occurrence, disabilities, and death associated with |
19 |
| stroke. |
20 |
| (3) The hospital is designated as a Primary Stroke |
21 |
| Center by the Department. |
22 |
| The Department may designate any hospital as a Primary |
23 |
| Stroke Center, provided that the Department's criteria for |
24 |
| Primary Stroke Center designation reflect the most recent |
25 |
| criteria established and are in keeping with the most recent |
|
|
|
09500HB4699ham003 |
- 16 - |
LRB095 18756 DRJ 50195 a |
|
|
1 |
| evidence-based stroke guidelines as determined by national |
2 |
| organizations recognized for leadership and expertise in |
3 |
| evidence-based practices related to reducing the occurrence, |
4 |
| disabilities, and death associated with stroke. |
5 |
| (b) A Primary Stroke Center designation shall be for 2 |
6 |
| years. The expiration date from the national designating |
7 |
| Primary Stroke Center body shall be adopted by the Department. |
8 |
| The Department shall establish the expiration date if the |
9 |
| Department makes the primary designation according to criteria |
10 |
| set forth in this amendatory Act of the 95th General Assembly. |
11 |
| Primary Stoke Centers requesting renewal of their designation |
12 |
| must file in writing, with the Department, their request for |
13 |
| renewal 60 days prior to the date on which their designation |
14 |
| expires.
The Department shall re-designate a hospital as a |
15 |
| Primary Stroke Center every 2 years. |
16 |
| (c) Each hospital designated a Primary Stroke Center shall |
17 |
| notify the Department of its designation within 30 days after |
18 |
| receiving that designation. Each hospital shall notify the |
19 |
| Department if it ceases to be a Primary Stroke Center, within |
20 |
| 30 days after it ceases having that designation. |
21 |
| (d) The Department shall have the authority to inspect |
22 |
| designated Primary Stroke Centers to ensure compliance with the |
23 |
| provisions of their designation. If the Department determines |
24 |
| that a violation has occurred, the Director shall determine the |
25 |
| seriousness of the violation and may either suspend or revoke a |
26 |
| Primary Stroke Center's designation. |
|
|
|
09500HB4699ham003 |
- 17 - |
LRB095 18756 DRJ 50195 a |
|
|
1 |
| (e) The Department shall have the authority to investigate |
2 |
| any complaints made against a Primary Stroke Center and take |
3 |
| the following action as appropriate after determining that the |
4 |
| Primary Stroke Center is in violation of this Act: |
5 |
| (1) If the Director determines that the violation |
6 |
| presents a substantial probability that death or serious |
7 |
| physical harm will result and if the stroke center fails to |
8 |
| eliminate the violation immediately or within a fixed |
9 |
| period of time, the Director may immediately revoke the |
10 |
| trauma center designation. The Primary Stroke Center may |
11 |
| appeal the revocation within 15 days after receiving the |
12 |
| Director's revocation order. |
13 |
| (2) If the Director determines that the violation does |
14 |
| not present a substantial probability that death or serious |
15 |
| physical harm will result, the Director shall issue a |
16 |
| notice of violation and request a plan of correction which |
17 |
| shall be subject to the Department approval. The Primary |
18 |
| Stroke Center shall have 10 days after the receipt of the |
19 |
| notice of violation in which to submit the plan of |
20 |
| correction. |
21 |
| (210 ILCS 50/3.1020 new) |
22 |
| Sec. 3.1020. Primary Stroke Center; grants. |
23 |
| (a) In order to encourage and ensure the establishment and |
24 |
| retention of Primary Stroke Centers throughout the State, the |
25 |
| Director may award matching grants to hospitals that have been
|
|
|
|
09500HB4699ham003 |
- 18 - |
LRB095 18756 DRJ 50195 a |
|
|
1 |
| designated Primary Stroke Centers or that seek designation as |
2 |
| Primary Stroke Centers, to be used for necessary |
3 |
| infrastructure, including personnel and equipment, or to meet |
4 |
| the fee requirements for accreditation surveys in order to |
5 |
| satisfy the criteria for designation. A matching grant shall |
6 |
| not exceed $250,000 or 50% of the hospital's cost for the |
7 |
| necessary infrastructure, whichever is less. |
8 |
| (b) The Director may award grant monies to Primary Stroke |
9 |
| Centers for the purpose of developing a stroke system. |
10 |
| (c) A Primary Stroke Center or a hospital seeking |
11 |
| designation as a Primary Stroke Center may apply to the |
12 |
| Director for a matching grant in a manner and form designated |
13 |
| by the Director and shall provide information as the Director |
14 |
| deems necessary to determine whether the hospital is eligible |
15 |
| for the grant. |
16 |
| (d) Matching grant awards shall be made to Primary Stroke |
17 |
| Centers or to hospitals seeking designation as a Primary Stroke |
18 |
| Center, placing greatest priority on facilities in areas with
|
19 |
| high stroke morbidity rates and achieving geographic diversity |
20 |
| where possible. |
21 |
| (210 ILCS 50/3.1025 new) |
22 |
| Sec. 3.1025. Primary Stroke Center; reporting. |
23 |
| (a) The Director shall, not later than July 1, 2010, |
24 |
| prepare and submit to the Governor, the President of the |
25 |
| Senate, and the Speaker of the House of Representatives a |
|
|
|
09500HB4699ham003 |
- 19 - |
LRB095 18756 DRJ 50195 a |
|
|
1 |
| report indicating the total number of hospitals that have |
2 |
| applied for grants under Section 3.1020 of this Act, the |
3 |
| project for which the application was submitted, the number of |
4 |
| those applicants that have been found eligible for the grants, |
5 |
| the total number of grants awarded, the name and address of |
6 |
| each grantee, and the amount of the award issued to each |
7 |
| grantee. |
8 |
| (b) The Director shall, not later than September 1, 2009, |
9 |
| prepare and submit to the Governor, the President of the |
10 |
| Senate, and the Speaker of the House of Representatives a |
11 |
| report indicating, as of August 1, 2009, the total number of |
12 |
| hospitals that have attained Primary Stroke Center designation |
13 |
| and the accrediting bodies through which Primary Stroke Center
|
14 |
| designations were attained. |
15 |
| (c) By September 1, 2009, the Director shall send the list |
16 |
| of designated Primary Stroke Centers to all Resource Hospital |
17 |
| EMS Medical Directors in this State and shall post a list of
|
18 |
| designated Primary Stroke Centers on the Department's website. |
19 |
| (d) The Department shall add Primary Stroke Centers |
20 |
| immediately to the website listing upon notice to the |
21 |
| Department; any Primary Stroke Center whose designation is |
22 |
| revoked shall be removed from the website listing immediately |
23 |
| upon notice to the Department. |
24 |
| (e) The Department shall administer a data collection |
25 |
| system to collect data reported by Primary Stroke Centers to |
26 |
| the Joint Commission or other accrediting body as required to
|
|
|
|
09500HB4699ham003 |
- 20 - |
LRB095 18756 DRJ 50195 a |
|
|
1 |
| fulfill Primary Stroke Center designation requirements. The |
2 |
| Department shall work with each Primary Stroke Center to |
3 |
| capture information using existing electronic reporting tools |
4 |
| used for accreditation purposes. Nothing in this Section shall |
5 |
| be construed to empower the Department to specify the form of |
6 |
| internal recordkeeping. The data collection system and data |
7 |
| collected shall comply with the following requirements: |
8 |
| (1) The confidentiality of patient records shall be |
9 |
| maintained in accordance with State and federal |
10 |
| regulations on the confidentiality of records. |
11 |
| (2) Hospitals shall not be required to submit financial |
12 |
| information that is proprietary in nature and unrelated to |
13 |
| the scope or purposes of this Act. |
14 |
| (3) Information submitted to the Department shall be |
15 |
| privileged and strictly confidential and shall be used only |
16 |
| for medical research and the evaluation and improvement of |
17 |
| quality care. The identity, or any group of facts that |
18 |
| tends to lead to the identity, of any person or facility is
|
19 |
| confidential and shall not be open to public inspection or |
20 |
| dissemination. Data submitted to the Department pursuant |
21 |
| to this Act shall not be a public record within the meaning |
22 |
| of the Illinois Freedom of Information Act. The Director |
23 |
| shall submit standards or guidelines for ensuring the |
24 |
| protection of data collected by the Department to the |
25 |
| General Assembly for approval pursuant to Section 3.1045 of |
26 |
| this Act. |
|
|
|
09500HB4699ham003 |
- 21 - |
LRB095 18756 DRJ 50195 a |
|
|
1 |
| (4) Primary Stroke Centers may provide complete copies |
2 |
| of the same reports they submit to the Joint Commission or |
3 |
| other accrediting body. The Department shall access this |
4 |
| information directly from an accrediting body provided |
5 |
| that the Primary Stroke Center has granted the Department |
6 |
| permission to do so. The Department shall provide the |
7 |
| Primary Stroke Center with a copy of the data received from |
8 |
| the accreditation body so the Primary Stroke Center can |
9 |
| verify its accuracy. |
10 |
| (5) The aggregate data shall be made available to any |
11 |
| and all government agencies or contractors of government |
12 |
| agencies that have responsibility for the management and |
13 |
| administration of emergency medical services throughout |
14 |
| the State. |
15 |
| (6) The Department shall compile the data and report it |
16 |
| in aggregate form to be posted annually on its website. The |
17 |
| results of this report may be used by the EMS Regions and
|
18 |
| the Department to conduct training regarding best |
19 |
| practices in the treatment of stroke. |
20 |
| (7) The data specific to a Primary Stroke Center shall |
21 |
| be made available only if that Primary Stroke Center |
22 |
| provides the Department with written authorization for the |
23 |
| release of the data. |
24 |
| (210 ILCS 50/3.1030 new) |
25 |
| Sec. 3.1030. Emergency medical services providers; triage |
|
|
|
09500HB4699ham003 |
- 22 - |
LRB095 18756 DRJ 50195 a |
|
|
1 |
| and transportation of a possible acute stroke patient to a |
2 |
| Primary Stroke Center. |
3 |
| (a) The Director shall develop a working group to advise |
4 |
| the Department on Primary Stoke Center Systems. This work group |
5 |
| shall have representation from the following groups:
EMS |
6 |
| Medical Directors;
neurologists from accredited Primary Stroke |
7 |
| Centers;
EMS Coordinators;
the Illinois Fire Chiefs |
8 |
| Association;
private ambulance providers; and
a representative |
9 |
| from the State Emergency Medical Services Advisory Council.
|
10 |
| This group shall also develop and submit a statewide stroke |
11 |
| assessment tool to the Department for final approval. Once the |
12 |
| tool has been approved, a copy shall be disseminated to all EMS |
13 |
| Systems for adoption no later than January 15, 2010. The |
14 |
| Director must post this stroke assessment tool on the |
15 |
| Department's website. Each EMS System must use a stroke-triage |
16 |
| assessment tool that conforms with and is substantially similar |
17 |
| to the sample stroke-triage assessment tool provided by the |
18 |
| Department. |
19 |
| (b) The Director shall work with EMS System Medical |
20 |
| Directors and Regional Stroke Center Systems to establish |
21 |
| protocols related to the assessment, treatment, and transport |
22 |
| of possible acute stroke patients by licensed emergency medical |
23 |
| services providers. These protocols shall include regional |
24 |
| transport plans for the triage and transport of possible acute |
25 |
| stroke patients to the most appropriate facility, which may |
26 |
| include the bypass of health care facilities not designated as
|
|
|
|
09500HB4699ham003 |
- 23 - |
LRB095 18756 DRJ 50195 a |
|
|
1 |
| Primary Stroke Centers when it is appropriate to do so. |
2 |
| (c) Each EMS System in the State shall comply with the |
3 |
| protocols established by the EMS Region related to the |
4 |
| assessment, treatment, and transport of possible acute stroke |
5 |
| patients by licensed emergency medical services providers in |
6 |
| the State and with all of the Sections of this Act by March 1, |
7 |
| 2010. |
8 |
| (d) Each EMS System must address the items described in |
9 |
| subsections (a) through (c) of this Section through the |
10 |
| established quality improvement and patient outcome reviews as |
11 |
| provided in the EMS Region Plan. |
12 |
| (210 ILCS 50/3.1035 new) |
13 |
| Sec. 3.1035. Primary Stroke Center; restricted practices. |
14 |
| This Act is not a medical practice guideline and may not be |
15 |
| used to restrict the authority of a hospital to provide |
16 |
| services for which it has received a license under State law. |
17 |
| The General Assembly intends that all patients be treated |
18 |
| individually based on each patient's needs and circumstances. |
19 |
| (210 ILCS 50/3.1040 new) |
20 |
| Sec. 3.1040. Primary Stroke Center; authorization to |
21 |
| advertise. A person may not claim or advertise to the public, |
22 |
| by way of any medium whatsoever, that a hospital is a Primary |
23 |
| Stroke Center unless the hospital is designated a Primary |
24 |
| Stroke Center in accordance with this Act. |
|
|
|
09500HB4699ham003 |
- 24 - |
LRB095 18756 DRJ 50195 a |
|
|
1 |
| (210 ILCS 50/3.1045 new) |
2 |
| Sec. 3.1045. No authority to make or promulgate rules. |
3 |
| Notwithstanding any other rulemaking authority that may exist, |
4 |
| neither the Governor nor any agency or agency head under the |
5 |
| jurisdiction of the Governor has any authority to make or |
6 |
| promulgate rules to implement or enforce the provisions of this |
7 |
| amendatory Act of the 95th General Assembly. If, however, the |
8 |
| Governor believes that rules are necessary to implement or |
9 |
| enforce the provisions of this amendatory Act of the 95th |
10 |
| General Assembly, the Governor may suggest rules to the General |
11 |
| Assembly by filing them with the Clerk of the House and |
12 |
| Secretary of the Senate and by requesting that the General |
13 |
| Assembly authorize such rulemaking by law, enact those |
14 |
| suggested rules into law, or take any other appropriate action |
15 |
| in the General Assembly's discretion. Nothing contained in this |
16 |
| amendatory Act of the 95th General Assembly shall be |
17 |
| interpreted to grant rulemaking authority under any other |
18 |
| Illinois statute where such authority is not otherwise |
19 |
| explicitly given. For the purposes of this amendatory Act of |
20 |
| the 95th General Assembly, "rules" is given the meaning |
21 |
| contained in Section 1-70 of the Illinois Administrative |
22 |
| Procedure Act, and "agency" and "agency head" are given the |
23 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois |
24 |
| Administrative Procedure Act to the extent that such |
25 |
| definitions apply to agencies or agency heads under the |