Illinois General Assembly - Full Text of HB5142
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Full Text of HB5142  97th General Assembly




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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 if
12the application for the permit has been deemed complete by the
13Department of Public Health by January 1, 2015 March 1, 2009,
15        (1) is located: (A) in a municipality with a population
16    of 50,000 75,000 or fewer inhabitants; (B) within 50 20
17    miles of the hospital that owns or controls the FEC; and
18    (C) within 50 20 miles of the Resource Hospital affiliated
19    with the FEC as part of the EMS System;
20        (2) is wholly owned or controlled by an Associate or
21    Resource Hospital, but is not a part of the hospital's
22    physical plant;
23        (3) meets the standards for licensed FECs, adopted by



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1    rule of the Department, including, but not limited to:
2            (A) facility design, specification, operation, and
3        maintenance standards;
4            (B) equipment standards; and
5            (C) the number and qualifications of emergency
6        medical personnel and other staff, which must include
7        at least one board certified emergency physician
8        present at the FEC 24 hours per day.
9        (4) limits its participation in the EMS System strictly
10    to receiving a limited number of BLS runs by emergency
11    medical vehicles according to protocols developed by the
12    Resource Hospital within the FEC's designated EMS System
13    and approved by the Project Medical Director and the
14    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 March 1, 2009 and if the facility complies with
11the requirements 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, March 31,
162009, filed a letter of intent to establish an FEC and if the
17facility complies with the requirements set forth in paragraphs
18(1) through (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.)
14    Section 99. Effective date. This Act takes effect upon
15becoming law.