Full Text of SB1377 97th General Assembly
SB1377enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning health facilities.
| 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 Act | 5 | | is amended by changing Section 3.190 as follows:
| 6 | | (210 ILCS 50/3.190)
| 7 | | Sec. 3.190. Emergency Department Classifications. The | 8 | | Department shall have the authority and
responsibility to:
| 9 | | (a) Establish criteria for classifying the
emergency | 10 | | departments of all hospitals within the State as
Comprehensive, | 11 | | Basic, or Standby. In establishing such
criteria, the | 12 | | Department may consult with the Illinois
Hospital Licensing | 13 | | Board and incorporate by reference all
or part of existing | 14 | | standards adopted as rules pursuant to
the Hospital Licensing | 15 | | Act or Emergency Medical Treatment
Act;
| 16 | | (b) Classify the emergency departments of all
hospitals | 17 | | within the State in accordance with this Section;
| 18 | | (c) Annually publish, and distribute to all EMS
Systems, a | 19 | | list reflecting the classification of all
emergency | 20 | | departments.
| 21 | | (d) For the purposes of paragraphs (a) and (b) of this | 22 | | Section, long-term acute care hospitals, as defined under the | 23 | | Hospital Emergency Service Act, are not required to provide |
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| 1 | | hospital emergency services and shall be classified as not | 2 | | available. | 3 | | (Source: P.A. 89-177, eff. 7-19-95.)
| 4 | | Section 10. The Hospital Emergency Service Act is amended | 5 | | by changing Section 1 and adding Section 1.3 as follows:
| 6 | | (210 ILCS 80/1) (from Ch. 111 1/2, par. 86)
| 7 | | Sec. 1.
Every hospital required to be licensed by the | 8 | | Department of Public
Health pursuant to the Hospital Licensing | 9 | | Act which provides general medical
and surgical
hospital | 10 | | services , except long-term acute care hospitals identified in | 11 | | Section 1.3 of this Act, shall provide a hospital emergency | 12 | | service in accordance
with rules and regulations adopted by the | 13 | | Department of Public Health and
shall furnish such hospital | 14 | | emergency services to any applicant who applies
for the same in | 15 | | case of injury or acute medical condition where the same is
| 16 | | liable to cause death or severe injury or serious illness.
For | 17 | | purposes of this Act, "applicant" includes any person who is | 18 | | brought
to a hospital by ambulance or specialized emergency | 19 | | medical services
vehicle as defined in the Emergency Medical | 20 | | Services (EMS) Systems Act.
| 21 | | (Source: P.A. 86-1461.)
| 22 | | (210 ILCS 80/1.3 new) | 23 | | Sec. 1.3. Long-term acute care hospitals. For the purpose |
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| 1 | | of this Act, general acute care hospitals designated by | 2 | | Medicare as long-term acute care hospitals are not required to | 3 | | provide hospital emergency services described in Section 1 of | 4 | | this Act. Hospitals defined in this Section may provide | 5 | | hospital emergency services at their option. | 6 | | Any hospital defined in this Section that opts to | 7 | | discontinue emergency services described in Section 1 shall: | 8 | | (1) comply with all provisions of the federal Emergency | 9 | | Medical Treatment & Labor Act (EMTALA); | 10 | | (2) comply with all provisions required under the | 11 | | Social Security Act; | 12 | | (3) provide annual notice to communities in the | 13 | | hospital's service area about available emergency medical | 14 | | services; and | 15 | | (4) make educational materials available to | 16 | | individuals who are present at the hospital concerning the | 17 | | availability of medical services within the hospital's | 18 | | service area. | 19 | | Long-term acute care hospitals that operate standby | 20 | | emergency services as of January 1, 2011 may discontinue | 21 | | hospital emergency services by notifying the Department of | 22 | | Public Health. Long-term acute care hospitals that operate | 23 | | basic or comprehensive emergency services must notify the | 24 | | Health Facilities and Services Review Board and follow the | 25 | | appropriate procedures. |
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| 1 | | Section 15. The Long Term Acute Care Hospital Quality | 2 | | Improvement Transfer Program Act is amended by changing Section | 3 | | 10 as follows: | 4 | | (210 ILCS 155/10)
| 5 | | Sec. 10. Definitions. As used in this Act: | 6 | | (a) "CARE tool" means the Continuity and Record Evaluation | 7 | | (CARE) tool. It is a patient assessment instrument that has | 8 | | been developed to document the medical, cognitive, functional, | 9 | | and discharge status of persons receiving health care services | 10 | | in acute and post-acute care settings. The data collected is | 11 | | able to document provider-level quality of care (patient | 12 | | outcomes) and characterize the clinical complexity of | 13 | | patients. | 14 | | (b) "Department" means the Illinois Department of | 15 | | Healthcare and Family Services. | 16 | | (c) "Discharge" means the release of a patient from | 17 | | hospital care for any discharge disposition other than a leave | 18 | | of absence, even if for Medicare payment purposes the discharge | 19 | | fits the definition of an interrupted stay.
| 20 | | (d) "FTE" means "full-time equivalent" or a person or | 21 | | persons employed in one full-time position. | 22 | | (e) "Hospital" means an institution, place, building, or | 23 | | agency located in this State that is licensed as a general | 24 | | acute hospital by the Illinois Department of Public Health | 25 | | under the Hospital Licensing Act, whether public or private and |
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| 1 | | whether organized for profit or not-for-profit. | 2 | | (f) "ICU" means intensive care unit. | 3 | | (g) "LTAC hospital" means a hospital that is designated by | 4 | | Medicare as a long term acute care hospital as described in | 5 | | Section 1886(d)(1)(B)(iv)(I) of the Social Security Act and has | 6 | | an average length of Medicaid inpatient stay greater than 25 | 7 | | days as reported on the hospital's 2008 Medicaid cost report on | 8 | | file as of February 15, 2010, or a hospital that begins | 9 | | operations after January 1, 2009 2010 and is designated by | 10 | | Medicare as a long term acute care hospital. | 11 | | (h) "LTAC hospital criteria" means nationally recognized | 12 | | evidence-based evaluation criteria that have been publicly | 13 | | tested and includes criteria specific to an LTAC hospital for | 14 | | admission, continuing stay, and discharge. The criteria cannot | 15 | | include criteria derived or developed by or for a specific | 16 | | hospital or group of hospitals. Criteria and tools developed by | 17 | | hospitals or hospital associations or hospital-owned | 18 | | organizations are not acceptable and do not meet the | 19 | | requirements of this subsection. | 20 | | (i) "Patient" means an individual who is admitted to a | 21 | | hospital for an inpatient stay. | 22 | | (j) "Program" means the Long Term Acute Care Hospital | 23 | | Quality Improvement Transfer Program established by this Act. | 24 | | (k) "STAC hospital" means a hospital that is not an LTAC | 25 | | hospital as defined in this Act or a psychiatric hospital or a | 26 | | rehabilitation hospital.
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| 1 | | (Source: P.A. 96-1130, eff. 7-20-10.)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.
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