HB1668 93rd General Assembly

093_HB1668

 
                                     LRB093 07018 AMC 07169 b

 1        AN ACT concerning health care services.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Emergency Medical Services (EMS)  Systems
 5    Act is amended by changing Section 32.5 as follows:

 6        (210 ILCS 50/32.5)
 7        Sec.  32.5.  Freestanding Emergency Center; demonstration
 8    program.
 9        (a)  The Department  of  Public  Health  shall  issue  an
10    annual  Freestanding  Emergency  Center  (FEC) license to any
11    facility that:
12             (1)  is  located:  (i)  in  a  municipality  with  a
13        population of 60,000 or fewer inhabitants; (ii) either in
14        a  municipality  that  has  a  hospital  that  has   been
15        providing  emergency services but is expected to close by
16        the end of 1997 or in a county with a population of  more
17        than  350,000  but  less  than 500,000 inhabitants; (iii)
18        within 15 miles of the hospital that owns or controls the
19        FEC; and (iv) within 10 miles of  the  Resource  Hospital
20        affiliated with the FEC as part of the EMS System;
21             (2)  is  wholly  owned or controlled by an Associate
22        or Resource Hospital, but is not a part of the hospital's
23        physical plant;
24             (3)  meets the standards for licensed FECs,  adopted
25        by rule of the Department, including, but not limited to:
26                  (A)  facility design, specification, operation,
27             and maintenance standards;
28                  (B)  equipment standards; and
29                  (C)  the number and qualifications of emergency
30             medical   personnel  and  other  staff,  which  must
31             include  at  least  one  board  certified  emergency
 
                            -2-      LRB093 07018 AMC 07169 b
 1             physician present at the FEC 24 hours per day.
 2             (4)  limits its  participation  in  the  EMS  System
 3        strictly  to  receiving  a  limited number of BLS runs by
 4        emergency  medical  vehicles   according   to   protocols
 5        developed  by  the  Resource  Hospital  within  the FEC's
 6        designated EMS System and approved by the Project Medical
 7        Director and the Department;
 8             (5)  provides  comprehensive   emergency   treatment
 9        services,   as  defined  in  the  rules  adopted  by  the
10        Department pursuant to the  Hospital  Licensing  Act,  24
11        hours per day, on an outpatient basis;
12             (6)  provides  an  ambulance  and  maintains on site
13        ambulance services staffed with paramedics 24  hours  per
14        day;
15             (7)  maintains   helicopter   landing   capabilities
16        approved by appropriate State and federal authorities;
17             (8)  complies  with  all  State  and federal patient
18        rights provisions, including, but  not  limited  to,  the
19        Emergency Medical Treatment Act and the federal Emergency
20        Medical Treatment and Active Labor Act;
21             (9)  maintains a communications system that is fully
22        integrated  with  its  Resource Hospital within the FEC's
23        designated EMS System;
24             (10)  reports  to   the   Department   any   patient
25        transfers  from  the FEC to a hospital within 48 hours of
26        the  transfer  plus  any  other  data  determined  to  be
27        relevant by the Department;
28             (11)  submits to  the  Department,  on  a  quarterly
29        basis,  the  FEC's  morbidity  and  mortality  rates  for
30        patients  treated at the FEC and other data determined to
31        be relevant by the Department;
32             (12)  does not describe itself or hold itself out to
33        the general public as a full service hospital or hospital
34        emergency department  in  its  advertising  or  marketing
 
                            -3-      LRB093 07018 AMC 07169 b
 1        activities;
 2             (13)  complies  with  any other rules adopted by the
 3        Department under this Act that relate to FECs;
 4             (14)  passes the Department's  site  inspection  for
 5        compliance with the FEC requirements of this Act;
 6             (15)  submits  a  copy  of  a certificate of need or
 7        other permit issued by  the  Illinois  Health  Facilities
 8        Planning  Board  indicating  that  the facility that will
 9        house  the  proposed  FEC  complies  with  State   health
10        planning  laws;  provided,  however,  that  the  Illinois
11        Health   Facilities   Planning  Board  shall  waive  this
12        certificate  of  need  or  permit  requirement  for   any
13        proposed  FEC  that,  as  of  the  effective date of this
14        amendatory Act of 1996, meets the criteria for  providing
15        comprehensive emergency treatment services, as defined by
16        the  rules  promulgated under the Hospital Licensing Act,
17        but is not a licensed hospital;
18             (16)  submits an application for designation  as  an
19        FEC  in a manner and form prescribed by the Department by
20        rule; and
21             (17)  pays the annual license fee as  determined  by
22        the Department by rule.
23        (b)  The Department shall:
24             (1)  annually  inspect  facilities  of  initial  FEC
25        applicants  and  licensed FECs, and issue annual licenses
26        to  or  annually  relicense   FECs   that   satisfy   the
27        Department's  licensure  requirements  as  set  forth  in
28        subsection (a);
29             (2)  suspend,  revoke, refuse to issue, or refuse to
30        renew the  license  of  any  FEC,  after  notice  and  an
31        opportunity for a hearing, when the Department finds that
32        the  FEC  has  failed  to  comply  with the standards and
33        requirements  of  the  Act  or  rules  adopted   by   the
34        Department under the Act;
 
                            -4-      LRB093 07018 AMC 07169 b
 1             (3)  issue an Emergency Suspension Order for any FEC
 2        when  the  Director or his or her designee has determined
 3        that  the  continued  operation  of  the  FEC  poses   an
 4        immediate  and  serious  danger  to  the  public  health,
 5        safety,  and welfare.  An opportunity for a hearing shall
 6        be promptly initiated after an Emergency Suspension Order
 7        has been issued; and
 8             (4)  adopt  rules  as  needed  to   implement   this
 9        Section.
10        (c)  The FEC demonstration program shall be conducted for
11    an  initial  review  period  concluding on September 1, 2001.
12    If,  by  that  date,  the  Department  determines  that   the
13    demonstration  program  is  operating  in a manner consistent
14    with the purposes of this Act, the program shall continue and
15    sunset on September 1, 2003.  The Department shall  submit  a
16    report  concerning  the  effectiveness  of  the demonstration
17    program to the General Assembly by September 1, 2002.
18        An FEC license issued  pursuant  to  this  Section  shall
19    expire upon the termination of the demonstration program.
20    (Source: P.A. 90-67, eff. 7-8-97; 91-385, eff. 7-30-99.)