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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Emergency Medical Treatment Act is amended | ||||||
5 | by changing Section 2 as follows:
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6 | (210 ILCS 70/2)
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7 | Sec. 2. Findings; prohibited terms.
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8 | (a) The Illinois General Assembly makes all of the | ||||||
9 | following findings:
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10 | (1) Hospital emergency services are not always the most | ||||||
11 | appropriate level
of care for patients seeking unscheduled | ||||||
12 | medical care or for patients who do
not have a regular | ||||||
13 | physician who can treat a significant or acute medical
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14 | condition not considered critical, debilitating, or | ||||||
15 | life-threatening.
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16 | (2) Hospital emergency rooms are over-utilized and too | ||||||
17 | often over-burdened
with many injuries or illnesses that | ||||||
18 | could be managed in a less intensive
clinical setting or | ||||||
19 | physician's office.
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20 | (3) Over-utilization of hospital emergency departments | ||||||
21 | contributes to
excess medical and health insurance costs.
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22 | (4) The use of the term "urgent" or "emergi-" or a | ||||||
23 | similar term in a
facility's posted or advertised name may |
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1 | confuse the public and
prospective patients regarding the | ||||||
2 | type of services offered relative to those
provided by a | ||||||
3 | hospital emergency department. There is significant risk | ||||||
4 | to the
public health and safety if persons requiring | ||||||
5 | treatment for a critical or
life-threatening condition | ||||||
6 | inappropriately use such facilities.
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7 | (5) Many times patients are not clearly aware of the | ||||||
8 | policies and
procedures of their insurer or health plan | ||||||
9 | that must be followed in the use of
emergency rooms versus | ||||||
10 | non-emergent clinics and what rights they have under the
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11 | law in regard to appropriately sought emergency care.
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12 | (6) There is a need to more effectively educate health | ||||||
13 | care payers and
consumers about the most appropriate use of | ||||||
14 | the various available levels of
medical care and | ||||||
15 | particularly the use of hospital emergency rooms and | ||||||
16 | walk-in
medical clinics that do not require appointments.
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17 | (b) No After the effective date of this amendatory Act of | ||||||
18 | the 93rd General
Assembly, no person, facility, or entity shall | ||||||
19 | hold itself out to the public as
an "urgent", "urgi-", | ||||||
20 | "emergi-" , or "emergent" care center or use any similar
term, | ||||||
21 | as defined by rule,
that would give the impression
that | ||||||
22 | emergency medical treatment is
provided by the person or entity | ||||||
23 | or at the facility unless the facility is the
emergency room of | ||||||
24 | a
facility licensed as a hospital under the Hospital Licensing | ||||||
25 | Act or a facility
licensed as a freestanding emergency center | ||||||
26 | under the Emergency Medical
Services (EMS) Systems Act. This |
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1 | Section does not prohibit a person, facility, or entity from | ||||||
2 | holding itself out to the public as an "urgi-" or "urgent" care | ||||||
3 | center.
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4 | (c) Violation of this Section constitutes a business | ||||||
5 | offense with a minimum
fine of $5,000 plus $1,000 per day for a | ||||||
6 | continuing violation, with a maximum
of $25,000.
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7 | (d) The Director of Public Health in the name of the people | ||||||
8 | of the State,
through the Attorney General, may bring an action | ||||||
9 | for an injunction or to
restrain
a
violation of this Section or | ||||||
10 | the rules adopted pursuant to this Section or to
enjoin the | ||||||
11 | future operation or maintenance of any facility in violation of | ||||||
12 | this
Section or the rules adopted pursuant to this Section.
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13 | (e) The Department of Public Health shall adopt rules | ||||||
14 | necessary for the
implementation of this Section.
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15 | (Source: P.A. 93-540, eff. 8-18-03.)
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