Full Text of HB4699 95th General Assembly
HB4699ham001 95TH GENERAL ASSEMBLY
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Health Care Availability and Access Committee
Filed: 3/11/2008
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| AMENDMENT TO HOUSE BILL 4699
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| AMENDMENT NO. ______. Amend House Bill 4699 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 1. Short title. This Act may be cited as the | 5 |
| Primary Stroke Center Designation Act. | 6 |
| Section 5. Findings. The General Assembly finds and | 7 |
| declares that: | 8 |
| (1) Despite significant advances in diagnosis, | 9 |
| treatment, and prevention, stroke remains the third | 10 |
| highest killer in the United States. An estimated 700,000 | 11 |
| to 750,000 new and recurrent strokes occur each year in | 12 |
| this country; and with the aging of the population, the | 13 |
| number of persons who have strokes is projected to increase | 14 |
| each year. Stroke is the number 3 killer of Illinois | 15 |
| residents and leads to the death of more than 7,500 | 16 |
| citizens of Illinois each year and disables thousands more. |
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| Illinois, Indiana, and Ohio have higher stroke mortality | 2 |
| rates than neighboring states Michigan, Minnesota, and | 3 |
| Wisconsin. | 4 |
| (2) A level of stroke center should be established for | 5 |
| the treatment of acute stroke. Primary Stroke Centers | 6 |
| should be established in acute care hospitals to evaluate, | 7 |
| stabilize, and provide emergency care to patients with | 8 |
| acute stroke. | 9 |
| (3) It is in the best interest of the residents of this | 10 |
| State to have a program to designate stroke centers | 11 |
| throughout the State, to provide specific patient care to | 12 |
| ensure that stroke patients receive safe and effective | 13 |
| care, and to provide financial support to acute care | 14 |
| hospitals to maintain and develop stroke centers. Further | 15 |
| it is in the best interest of the people of the State of | 16 |
| Illinois to improve the State's emergency medical response | 17 |
| system to assure that stroke victims may be quickly | 18 |
| identified and transported to and treated in facilities | 19 |
| that provide timely and appropriate treatment for stroke | 20 |
| victims. | 21 |
| Section 10. Definitions. For purposes of this Act:
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| "Brain Attack Coalition" refers to the national group of | 23 |
| professional, voluntary and governmental entities dedicated to | 24 |
| reducing the occurrence, disability and death associated with | 25 |
| stroke. |
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| "Department" means the Illinois Department of Public | 2 |
| Health. | 3 |
| "Director" means the Director of the Illinois Department of | 4 |
| Public Health. | 5 |
| "Primary Stroke Center" means a hospital that has been | 6 |
| designated by the Joint Commission, or other nationally | 7 |
| recognized accrediting body as approved by the Illinois | 8 |
| Department of Public Health, or by the Director of the | 9 |
| Department of Public Health as qualifying and maintaining | 10 |
| conformance with the requirements of this Act. | 11 |
| Section 15. Designation of Primary Stroke Centers. | 12 |
| (a) The Department shall recognize a hospital as a Primary | 13 |
| Stroke Center if the hospital meets any of the following | 14 |
| criteria: | 15 |
| (1) is designated a Primary Stroke Center by the Joint | 16 |
| Commission; | 17 |
| (2) is designated a Primary Stroke Center by a | 18 |
| nationally recognized accrediting body as approved by the | 19 |
| Department, provided that the criteria for Primary Stroke | 20 |
| Center certification of the accrediting body are | 21 |
| consistent with the most recent criteria established by the | 22 |
| Brain Attack Coalition; or | 23 |
| (3) is designated as a Primary Stroke Center by the | 24 |
| Department. The Department may designate a hospital as a | 25 |
| Primary Stroke Center, provided that the Department's |
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| criteria for Primary Stroke Center certification are | 2 |
| consistent with the most recent criteria established by the | 3 |
| Brain Attack Coalition. | 4 |
| (b) Each hospital designated a Primary Stroke Center shall | 5 |
| notify the Department of its designation within 30 days after | 6 |
| receiving that designation. Each hospital shall notify the | 7 |
| Department if it ceases to be a Primary Stroke Center, within | 8 |
| 30 days after it ceases having that designation. | 9 |
| Section 20. Grants.
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| (a) In order to encourage and ensure the establishment of | 11 |
| Primary Stroke Centers throughout the State, the Director may | 12 |
| award matching grants to hospitals that have been designated | 13 |
| Primary Stroke Centers or that seek designation as Primary | 14 |
| Stroke Centers, to be used for necessary infrastructure, | 15 |
| including personnel and equipment, or to meet the fee | 16 |
| requirements for accreditation surveys in order to satisfy the | 17 |
| criteria for designation. A matching grant shall not exceed | 18 |
| $250,000 or 50% of the hospital's cost for the necessary | 19 |
| infrastructure, whichever is less. | 20 |
| (b) A hospital seeking designation as a Primary Stroke | 21 |
| Center may apply to the Director for a matching grant in a | 22 |
| manner and form designated by the Director and shall provide | 23 |
| information as the Director deems necessary to determine if the | 24 |
| hospital is eligible for the grant.
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| (c) Matching grant awards shall be made to Primary Stroke |
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| Centers, placing greatest priority on facilities in areas with | 2 |
| high stroke morbidity rates and achieving geographic diversity | 3 |
| where possible.
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| Section 25. Reporting.
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| (a) The Director shall, not later than July 1, 2010, | 6 |
| prepare and submit to the Governor, the President of the | 7 |
| Senate, and the Speaker of the House of Representatives a | 8 |
| report indicating the total number of hospitals that have | 9 |
| applied for grants under Section 20 of this Act, the project | 10 |
| for which the application was submitted, the number of those | 11 |
| applicants that have been found eligible for the grants, the | 12 |
| total number of grants awarded, the name and address of each | 13 |
| grantee, and the amount of the award issued to each grantee.
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| (b) The Director shall, not later than September 1, 2009, | 15 |
| prepare and submit to the Governor, the President of the | 16 |
| Senate, and the Speaker of the House of Representatives a | 17 |
| report indicating, as of August 1, 2009, the total number of | 18 |
| hospitals that have attained Primary Stroke Center designation | 19 |
| and the accrediting body through which Primary Stroke Center | 20 |
| designations were attained.
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| (c) By September 1, 2009, the Director shall send the list | 22 |
| of designated Primary Stroke Centers to the medical director of | 23 |
| each licensed emergency medical services provider in this State | 24 |
| and shall post a list of designated Primary Stroke Centers on | 25 |
| the Department's website.
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| (d) The Department shall add Primary Stroke Centers | 2 |
| immediately to the website listing upon notice to the | 3 |
| Department; any Primary Stroke Center whose designation is | 4 |
| revoked shall be removed from the website listing immediately | 5 |
| upon notice to the Department.
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| (e) Each Primary Stroke Center shall semiannually report to | 7 |
| the Department data collected to fulfill its designation | 8 |
| requirements. The report shall comply with the following: | 9 |
| (1) Primary Stroke Centers may provide complete copies | 10 |
| of the same reports they submit to the Joint Commission or | 11 |
| other accrediting body, provided the data collected and | 12 |
| reported substantially matches data reporting requirements | 13 |
| established by the Brain Attack Coalition. The Department | 14 |
| shall access this information directly from an accrediting | 15 |
| body provided that the Primary Stroke Center has granted | 16 |
| the Department permission to do so. The Department shall | 17 |
| provide the Primary Stroke Center with a copy of the data | 18 |
| received from the accreditation body so the Primary Stroke | 19 |
| Center can verify its accuracy.
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| (2) The aggregate data shall be made available to any | 21 |
| and all government agencies or contractors of government | 22 |
| agencies that have responsibility for the management and | 23 |
| administration of emergency medical services throughout | 24 |
| the State. However, such data shall not be a public record | 25 |
| within the meaning contained in the Illinois Freedom of | 26 |
| Information Act.
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| (3) The Department shall compile the data and report it | 2 |
| in aggregate form to be posted annually on its website. The | 3 |
| results of this report may be used by the Department to | 4 |
| conduct training regarding best practices in the treatment | 5 |
| of stroke.
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| (4) The data specific to a Primary Stroke Center shall | 7 |
| be made available to other individuals only if that Primary | 8 |
| Stroke Center provides the Department written | 9 |
| authorization for the release of the data.
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| Section 30. Emergency medical services providers; triage | 11 |
| and transportation of stroke victims to a Primary Stroke | 12 |
| Center.
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| (a) The Director shall submit a proposed stroke assessment | 14 |
| tool to the General Assembly for approval pursuant to Section | 15 |
| 45 of this Act. Upon approval by the General Assembly, the | 16 |
| Director shall distribute the standardized stroke assessment | 17 |
| tool. The Director must post this stroke assessment tool on the | 18 |
| Department's website and provide a copy of the assessment tool | 19 |
| to each licensed emergency medical services provider no later | 20 |
| than January 15, 2010. Each licensed emergency medical services | 21 |
| provider must use a stroke-triage assessment tool that conforms | 22 |
| with and is substantially similar to the sample stroke-triage | 23 |
| assessment tool provided by the Department.
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| (b) The Director shall work with Primary Stroke Centers and | 25 |
| emergency medical providers to establish protocols related to |
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| the assessment, treatment, and transport of stroke patients by | 2 |
| licensed emergency medical services providers in this State. | 3 |
| Such protocols shall include regional transport plans for the | 4 |
| triage and transport of stroke patients to the closest, most | 5 |
| appropriate facility, including the bypass of health care | 6 |
| facilities not designated as Primary Stroke Centers when it is | 7 |
| safe to do so.
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| (c) Each emergency medical services provider licensed in | 9 |
| the State shall comply with the protocols established by the | 10 |
| Director related to the assessment, treatment, and transport of | 11 |
| stroke patients by licensed emergency medical services | 12 |
| providers in the State and with all of the Sections of this Act | 13 |
| by March 1, 2010.
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| Section 35. Restricted practices. This Act is not a medical | 15 |
| practice guideline and may not be used to restrict the | 16 |
| authority of a hospital to provide services for which it has | 17 |
| received a license under State law. The General Assembly | 18 |
| intends that all patients be treated individually based on each | 19 |
| patient's needs and circumstances.
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| Section 40. Authorization to advertise.
A person may not | 21 |
| claim or advertise to the public, by way of any medium | 22 |
| whatsoever, that a hospital is a Primary Stroke Center unless | 23 |
| the hospital is designated a Primary Stroke Center in | 24 |
| accordance with this Act.
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| Section 45. No authority to make or promulgate rules. | 2 |
| Notwithstanding any other rulemaking authority that may exist, | 3 |
| neither the Governor nor any agency or agency head under the | 4 |
| jurisdiction of the Governor has any authority to make or | 5 |
| promulgate rules to implement or enforce the provisions of this | 6 |
| Act. If, however, the Governor believes that rules are | 7 |
| necessary to implement or enforce the provisions of this Act, | 8 |
| the Governor may suggest rules to the General Assembly by | 9 |
| filing them with the Clerk of the House and Secretary of the | 10 |
| Senate and by requesting that the General Assembly authorize | 11 |
| such rulemaking by law, enact those suggested rules into law, | 12 |
| or take any other appropriate action in the General Assembly's | 13 |
| discretion. Nothing contained in this Act shall be interpreted | 14 |
| to grant rulemaking authority under any other Illinois statute | 15 |
| where such authority is not otherwise explicitly given. For the | 16 |
| purposes of this Act, "rules" is given the meaning contained in | 17 |
| Section 1-70 of the Illinois Administrative Procedure Act, and | 18 |
| "agency" and "agency head" are given the meanings contained in | 19 |
| Sections 1-20 and 1-25 of the Illinois Administrative Procedure | 20 |
| Act to the extent that such definitions apply to agencies or | 21 |
| agency heads under the jurisdiction of the Governor.
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| Section 99. Effective date. This Act takes effect upon | 23 |
| becoming law.".
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