Sen. Dave Syverson
Filed: 3/17/2014
 
 

 

 

 
09800SB3506sam001LRB098 19678 RPS 56937 a



1
AMENDMENT TO SENATE BILL 3506 




2    AMENDMENT NO. ______. Amend Senate Bill 3506 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Emergency Medical Treatment Act is amended  
5by changing Section 2 as follows:
 



6    (210 ILCS 70/2)



7    Sec. 2. Findings; prohibited terms. 

8    (a) The Illinois General Assembly makes all of the 
9following findings:


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

14    condition not considered critical, debilitating, or 
15    life-threatening.


16        (2) Hospital emergency rooms are over-utilized and too 
 
 
09800SB3506sam001- 2 -LRB098 19678 RPS 56937 a

1    often over-burdened
with many injuries or illnesses that 
2    could be managed in a less intensive
clinical setting or 
3    physician's office.


4        (3) Over-utilization of hospital emergency departments 
5    contributes to
excess medical and health insurance costs.


6        (4) The use of the term "urgent" or "emergi-" or a 
7    similar term in a
facility's posted or advertised name may 
8    confuse the public and
prospective patients regarding the 
9    type of services offered relative to those
provided by a 
10    hospital emergency department.  There is significant risk 
11    to the
public health and safety if persons requiring 
12    treatment for a critical or
life-threatening condition 
13    inappropriately use such facilities.


14        (5) Many times patients are not clearly aware of the 
15    policies and
procedures of their insurer or health plan 
16    that must be followed in the use of
emergency rooms versus 
17    non-emergent clinics and what rights they have under the

18    law in regard to appropriately sought emergency care.


19        (6) There is a need to more effectively educate health 
20    care payers and
consumers about the most appropriate use of 
21    the various available levels of
medical care and 
22    particularly the use of hospital emergency rooms and 
23    walk-in
medical clinics that do not require appointments.

24    (b) No After the effective date of this amendatory Act of 
25the 93rd General
Assembly, no person, facility, or entity shall 
26hold itself out to the public as
an "urgent", "urgi-", 
 
 
09800SB3506sam001- 3 -LRB098 19678 RPS 56937 a

1"emergi-", or "emergent" care center or use any similar
term, 
2as defined by rule,
that would give the impression
that 
3emergency medical treatment is
provided by the person or entity 
4or at the facility unless the facility is the
emergency room of 
5a
facility licensed as a hospital under the Hospital Licensing 
6Act or a facility
licensed as a freestanding emergency center 
7under the Emergency Medical
Services (EMS) Systems Act. This 
8Section does not prohibit a person, facility, or entity from 
9holding itself out to the public as an "urgi-" or "urgent" care 
10center. 

11    (c) Violation of this Section constitutes a business 
12offense with a minimum
fine of $5,000 plus $1,000 per day for a 
13continuing violation, with a maximum
of $25,000.

14    (d) The Director of Public Health in the name of the people 
15of the State,
through the Attorney General, may bring an action 
16for an injunction or to
restrain
a
violation of this Section or 
17the rules adopted pursuant to this Section or to
enjoin the 
18future operation or maintenance of any facility in violation of 
19this
Section or the rules adopted pursuant to this Section.

20    (e) The Department of Public Health shall adopt rules 
21necessary for the
implementation of this Section.

22(Source: P.A. 93-540, eff. 8-18-03.)".