Full Text of SB0628 98th General Assembly
SB0628eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. 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
| 11 | | Comprehensive, Basic, or Standby. In establishing such
| 12 | | criteria, the Department may consult with the Illinois
| 13 | | Hospital Licensing Board and incorporate by reference all
| 14 | | or part of existing standards adopted as rules pursuant to
| 15 | | the Hospital Licensing Act or Emergency Medical Treatment
| 16 | | Act;
| 17 | | (b) Classify the emergency departments of all
| 18 | | hospitals within the State in accordance with this Section;
| 19 | | (c) Annually publish, and distribute to all EMS
| 20 | | Systems, a list reflecting the classification of all
| 21 | | emergency departments.
| 22 | | (d) For the purposes of paragraphs (a) and (b) of this | 23 | | Section, long-term acute care hospitals, rehabilitation |
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| 1 | | hospitals, and psychiatric hospitals, as defined under the | 2 | | Hospital Emergency Service Act, are not required to provide | 3 | | hospital emergency services . Long-term acute care hospitals, | 4 | | rehabilitation hospitals, and psychiatric hospitals with no | 5 | | emergency department and shall be classified as not available. | 6 | | (Source: P.A. 97-667, eff. 1-13-12; revised 8-3-12.)
| 7 | | Section 3. The Hospital Emergency Service Act is amended by | 8 | | changing Sections 1 and 1.3 as follows:
| 9 | | (210 ILCS 80/1) (from Ch. 111 1/2, par. 86)
| 10 | | Sec. 1.
Every hospital required to be licensed by the | 11 | | Department of Public
Health pursuant to the Hospital Licensing | 12 | | Act which provides general medical
and surgical
hospital | 13 | | services, except long-term acute care hospitals , | 14 | | rehabilitation hospitals, and psychiatric hospitals identified | 15 | | in Section 1.3 of this Act, shall provide a hospital emergency | 16 | | service in accordance
with rules and regulations adopted by the | 17 | | Department of Public Health and
shall furnish such hospital | 18 | | emergency services to any applicant who applies
for the same in | 19 | | case of injury or acute medical condition where the same is
| 20 | | liable to cause death or severe injury or serious illness.
For | 21 | | purposes of this Act, "applicant" includes any person who is | 22 | | brought
to a hospital by ambulance or specialized emergency | 23 | | medical services
vehicle as defined in the Emergency Medical | 24 | | Services (EMS) Systems Act.
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| 1 | | (Source: P.A. 97-667, eff. 1-13-12.)
| 2 | | (210 ILCS 80/1.3) | 3 | | Sec. 1.3. Long-term acute care hospitals , rehabilitation | 4 | | hospitals, and psychiatric hospitals . For the purpose of this | 5 | | Act, general acute care hospitals designated by Medicare as | 6 | | long-term acute care hospitals , rehabilitation hospitals, and | 7 | | psychiatric hospitals are not required to provide hospital | 8 | | emergency services described in Section 1 of this Act. | 9 | | Hospitals defined in this Section may provide hospital | 10 | | emergency services at their option. | 11 | | Any long-term acute care hospital defined in this Section | 12 | | that opts to discontinue or otherwise not provide emergency | 13 | | services described in Section 1 shall: | 14 | | (1) comply with all provisions of the federal Emergency | 15 | | Medical Treatment and & Labor Act (EMTALA); | 16 | | (2) comply with all provisions required under the | 17 | | Social Security Act; | 18 | | (3) provide annual notice to communities in the | 19 | | hospital's service area about available emergency medical | 20 | | services; and | 21 | | (4) make educational materials available to | 22 | | individuals who are present at the hospital concerning the | 23 | | availability of medical services within the hospital's | 24 | | service area. | 25 | | Long-term acute care hospitals that operate standby |
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| 1 | | emergency services as of January 1, 2011 may discontinue | 2 | | hospital emergency services by notifying the Department of | 3 | | Public Health. Long-term acute care hospitals that operate | 4 | | basic or comprehensive emergency services must notify the | 5 | | Health Facilities and Services Review Board and follow the | 6 | | appropriate procedures.
| 7 | | Any rehabilitation hospital or psychiatric hospital that | 8 | | opts to discontinue or otherwise not provide emergency services | 9 | | described in Section 1 shall: | 10 | | (1) comply with all provisions of the federal Emergency | 11 | | Medical Treatment and Active Labor Act (EMTALA); | 12 | | (2) comply with all provisions required under the | 13 | | Social Security Act; | 14 | | (3) provide annual notice to communities in the | 15 | | hospital's service area about available emergency medical | 16 | | services; | 17 | | (4) make educational materials available to | 18 | | individuals who are present at the hospital concerning the | 19 | | availability of medical services within the hospital's | 20 | | service area; | 21 | | (5) not use the term "hospital" in their name or on any | 22 | | signage; and | 23 | | (6) notify in writing the Department and the Health | 24 | | Facilities and Services Review Board of the | 25 | | discontinuation. | 26 | | (Source: P.A. 97-667, eff. 1-13-12.) |
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| 1 | | Section 5. The Hospital Licensing Act is amended by | 2 | | changing Sections 5 and 6 and by adding Section 14.5 as | 3 | | follows:
| 4 | | (210 ILCS 85/5) (from Ch. 111 1/2, par. 146)
| 5 | | Sec. 5.
(a) An application for a permit to establish a | 6 | | hospital shall be
made to the Department upon forms provided by | 7 | | it. This application shall
contain such information as the | 8 | | Department reasonably requires, which shall
include | 9 | | affirmative evidence on which the Director may make the | 10 | | findings
required under Section 6a of this Act.
| 11 | | (b) An application for a license to open, conduct, operate, | 12 | | and maintain
a hospital shall be made to the Department upon | 13 | | forms provided by it , accompanied by a license fee of $55 per | 14 | | bed, or such lesser amount as the Department may establish by | 15 | | administrative rule in consultation with the Department of | 16 | | Healthcare and Family Services to comply with the limitations | 17 | | on health care-related taxes imposed by 42 U.S.C. 1396b(w) | 18 | | that, if violated, would result in reductions to the amount of | 19 | | federal financial participation received by the State for | 20 | | Medicaid expenditures, and
shall contain such information as | 21 | | the Department reasonably requires, which
may include | 22 | | affirmative evidence of ability to comply with the provisions
| 23 | | of this Act and the standards, rules, and regulations, | 24 | | promulgated by
virtue thereof.
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| 1 | | (c) All applications required under this Section shall be | 2 | | signed by the
applicant and shall be verified. Applications on | 3 | | behalf of a corporation or
association or a governmental unit | 4 | | or agency shall be made and verified by
any two officers | 5 | | thereof.
| 6 | | (Source: Laws 1965, p. 2350.)
| 7 | | (210 ILCS 85/6) (from Ch. 111 1/2, par. 147)
| 8 | | Sec. 6.
(a) Upon receipt of an application for a permit to | 9 | | establish
a hospital the Director shall issue a permit if he | 10 | | finds (1) that the
applicant is fit, willing, and able to | 11 | | provide a proper standard of
hospital service for the community | 12 | | with particular regard to the
qualification, background, and | 13 | | character of the applicant, (2) that the
financial resources | 14 | | available to the applicant demonstrate an ability to
construct, | 15 | | maintain, and operate a hospital in accordance with the
| 16 | | standards, rules, and regulations adopted pursuant to this Act, | 17 | | and (3)
that safeguards are provided which assure hospital | 18 | | operation and
maintenance consistent with the public interest | 19 | | having particular regard
to safe, adequate, and efficient | 20 | | hospital facilities and services.
| 21 | | The Director may request the cooperation of county and
| 22 | | multiple-county health departments, municipal boards of | 23 | | health, and
other governmental and non-governmental agencies | 24 | | in obtaining
information and in conducting investigations | 25 | | relating to such
applications.
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| 1 | | A permit to establish a hospital shall be valid only for | 2 | | the premises
and person named in the application for such | 3 | | permit and shall not be
transferable or assignable.
| 4 | | In the event the Director issues a permit to establish a | 5 | | hospital the
applicant shall thereafter submit plans and | 6 | | specifications to the
Department in accordance with Section 8 | 7 | | of this Act.
| 8 | | (b) Upon receipt of an application for license to open, | 9 | | conduct,
operate, and maintain a hospital, the Director shall | 10 | | issue a license if
he finds the applicant and the hospital | 11 | | facilities comply with
standards, rules, and regulations | 12 | | promulgated under this Act. A license,
unless sooner suspended | 13 | | or revoked, shall be renewable annually upon
approval by the | 14 | | Department and payment of a license fee as established pursuant | 15 | | to Section 5 of this Act . Each license shall be issued only for | 16 | | the
premises and persons named in the application and shall not | 17 | | be
transferable or assignable. Licenses shall be posted in a | 18 | | conspicuous
place on the licensed premises. The Department may, | 19 | | either before or
after the issuance of a license, request the | 20 | | cooperation of the State Fire
Marshal, county
and multiple | 21 | | county health departments, or municipal boards of health to
| 22 | | make investigations to determine if the applicant or licensee | 23 | | is
complying with the minimum standards prescribed by the | 24 | | Department. The
report and recommendations of any such agency | 25 | | shall be in writing and
shall state with particularity its | 26 | | findings with respect to compliance
or noncompliance with such |
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| 1 | | minimum standards, rules, and regulations.
| 2 | | The Director may issue a provisional license to any | 3 | | hospital which
does not substantially comply with the | 4 | | provisions of this Act and the
standards, rules, and | 5 | | regulations promulgated by virtue thereof provided
that he | 6 | | finds that such hospital has undertaken changes and corrections
| 7 | | which upon completion will render the hospital in substantial | 8 | | compliance
with the provisions of this Act, and the standards, | 9 | | rules, and
regulations adopted hereunder, and provided that the | 10 | | health and safety
of the patients of the hospital will be | 11 | | protected during the period for
which such provisional license | 12 | | is issued. The Director shall advise the
licensee of the | 13 | | conditions under which such provisional license is
issued, | 14 | | including the manner in which the hospital facilities fail to
| 15 | | comply with the provisions of the Act, standards, rules, and
| 16 | | regulations, and the time within which the changes and | 17 | | corrections
necessary for such hospital facilities to | 18 | | substantially comply with this
Act, and the standards, rules, | 19 | | and regulations of the Department
relating thereto shall be | 20 | | completed.
| 21 | | (Source: P.A. 80-56.)
| 22 | | (210 ILCS 85/14.5 new) | 23 | | Sec. 14.5. Hospital Licensure Fund. | 24 | | (a) There is created in the State treasury the Hospital | 25 | | Licensure Fund. The Fund is created for the purpose of |
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| 1 | | providing funding for the administration of the licensure | 2 | | program and patient safety and quality initiatives for | 3 | | hospitals, including, without limitation, the implementation | 4 | | of the Illinois Adverse Health Care Events Reporting Law of | 5 | | 2005. | 6 | | (b) The Fund shall consist of the following: | 7 | | (1) fees collected pursuant to this Section; | 8 | | (2) federal matching funds received by the State as a | 9 | | result of expenditures made by the Department that are | 10 | | attributable to moneys deposited in the Fund; | 11 | | (3) interest earned on moneys deposited in the Fund; | 12 | | and | 13 | | (4) other moneys received for the Fund from any other | 14 | | source, including interest earned thereon. | 15 | | (c) Disbursements from the Fund shall be made only for: | 16 | | (1) initially, the implementation of the Illinois | 17 | | Adverse Health Care Events Reporting Law of 2005; | 18 | | (2) subsequently, programs, information, or | 19 | | assistance, including measures to address public | 20 | | complaints, designed to measurably improve quality and | 21 | | patient safety; and | 22 | | (3) the reimbursement of moneys collected by the | 23 | | Department through error or mistake. | 24 | | (d) The uses described in paragraphs (1) and (2) of | 25 | | subsection (c) shall be developed in conjunction with a | 26 | | statewide organization representing a majority of hospitals. |
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| 1 | | Section 8. The Illinois Adverse Health Care Events | 2 | | Reporting Law of 2005 is amended by changing Sections 10-10 and | 3 | | 10-15 as follows: | 4 | | (410 ILCS 522/10-10)
| 5 | | Sec. 10-10. Definitions. As used in this Law, the following | 6 | | terms have the following meanings: | 7 | | "Adverse health care event" means any event identified as a | 8 | | serious reportable event by the National Quality Forum on the | 9 | | effective date of this amendatory Act of the 98th General | 10 | | Assembly. The Department shall adopt, by rule, the list of | 11 | | adverse health care events. The rules in effect on May 1, 2013, | 12 | | that define "adverse health care event" shall remain in effect | 13 | | until new rules are adopted in accordance with this amendatory | 14 | | Act of the 98th General Assembly. If the National Quality Forum | 15 | | thereafter revises its list of serious reportable events | 16 | | through addition, deletion, or modification, then the term | 17 | | "adverse health care event" for purposes of this Law shall be | 18 | | similarly revised, effective no sooner than 6 months after the | 19 | | revision by the National Quality Forum described in subsections | 20 | | (b) through (g) of Section 10-15 . | 21 | | "Department" means the Illinois Department of Public | 22 | | Health. | 23 | | "Health care facility" means a hospital maintained by the | 24 | | State or any department or agency thereof where such department |
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| 1 | | or agency has authority under law to establish and enforce | 2 | | standards for the hospital under its management and control, a | 3 | | hospital maintained by any university or college established | 4 | | under the laws of this State and supported principally by | 5 | | public funds raised by taxation, a hospital licensed under the | 6 | | Hospital Licensing Act, a hospital organized under the | 7 | | University of Illinois Hospital Act, and an ambulatory surgical | 8 | | treatment center licensed under the Ambulatory Surgical | 9 | | Treatment Center Act.
| 10 | | (Source: P.A. 94-242, eff. 7-18-05.) | 11 | | (410 ILCS 522/10-15)
| 12 | | Sec. 10-15. Health care facility requirements to report, | 13 | | analyze, and correct. | 14 | | (a) Reports of adverse health care events required. Each | 15 | | health care facility shall report to the Department the | 16 | | occurrence of any of the adverse health care events described | 17 | | in subsections (b) through (g) no later than 30 days after | 18 | | discovery of the event. The report shall be filed in a format | 19 | | specified by the Department and shall identify the health care | 20 | | facility, but shall not include any information identifying or | 21 | | that tends to identify any of the health care professionals, | 22 | | employees, or patients involved. | 23 | | (b) (Blank). Surgical events. Events reportable under this | 24 | | subsection are: | 25 | | (1) Surgery performed on a wrong body part that is not |
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| 1 | | consistent with the documented informed consent for that | 2 | | patient. Reportable events under this clause do not include | 3 | | situations requiring prompt action that occur in the course | 4 | | of surgery or situations whose urgency precludes obtaining | 5 | | informed consent. | 6 | | (2) Surgery performed on the wrong patient. | 7 | | (3) The wrong surgical procedure performed on a patient | 8 | | that is not consistent with the documented informed consent | 9 | | for that patient. Reportable events under this clause do | 10 | | not include situations requiring prompt action that occur | 11 | | in the course of surgery or situations whose urgency | 12 | | precludes obtaining informed consent. | 13 | | (4) Retention of a foreign object in a patient after | 14 | | surgery or other procedure, excluding objects | 15 | | intentionally implanted as part of a planned intervention | 16 | | and objects present prior to surgery that are intentionally | 17 | | retained. | 18 | | (5) Death during or immediately after surgery of a | 19 | | normal, healthy patient who has no organic, physiologic, | 20 | | biochemical, or psychiatric disturbance and for whom the | 21 | | pathologic processes for which the operation is to be | 22 | | performed are localized and do not entail a systemic | 23 | | disturbance. | 24 | | (c) (Blank). Product or device events. Events reportable | 25 | | under this subsection are: | 26 | | (1) Patient death or serious disability associated |
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| 1 | | with the use of contaminated drugs, devices, or biologics | 2 | | provided by the health care facility when the contamination | 3 | | is the result of generally detectable contaminants in | 4 | | drugs, devices, or biologics regardless of the source of | 5 | | the contamination or the product. | 6 | | (2) Patient death or serious disability associated | 7 | | with the use or function of a device in patient care in | 8 | | which the device is used or functions other than as | 9 | | intended. "Device" includes, but is not limited to, | 10 | | catheters, drains, and other specialized tubes, infusion | 11 | | pumps, and ventilators. | 12 | | (3) Patient death or serious disability associated | 13 | | with intravascular air embolism that occurs while being | 14 | | cared for in a health care facility, excluding deaths | 15 | | associated with neurosurgical procedures known to present | 16 | | a high risk of intravascular air embolism. | 17 | | (d) (Blank). Patient protection events. Events reportable | 18 | | under this subsection are: | 19 | | (1) An infant discharged to the wrong person. | 20 | | (2) Patient death or serious disability associated | 21 | | with patient disappearance for more than 4 hours, excluding | 22 | | events involving adults who have decision-making capacity. | 23 | | (3) Patient suicide or attempted suicide resulting in | 24 | | serious disability while being cared for in a health care | 25 | | facility due to patient actions after admission to the | 26 | | health care facility, excluding deaths resulting from |
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| 1 | | self-inflicted injuries that were the reason for admission | 2 | | to the health care facility. | 3 | | (e) (Blank). Care management events. Events reportable | 4 | | under this subsection are: | 5 | | (1) Patient death or serious disability associated | 6 | | with a medication error, including, but not limited to, | 7 | | errors involving the wrong drug, the wrong dose, the wrong | 8 | | patient, the wrong time, the wrong rate, the wrong | 9 | | preparation, or the wrong route of administration, | 10 | | excluding reasonable differences in clinical judgment on | 11 | | drug selection and dose. | 12 | | (2) Patient death or serious disability associated | 13 | | with a hemolytic reaction due to the administration of | 14 | | ABO-incompatible blood or blood products. | 15 | | (3) Maternal death or serious disability associated | 16 | | with labor or delivery in a low-risk pregnancy while being | 17 | | cared for in a health care facility, excluding deaths from | 18 | | pulmonary or amniotic fluid embolism, acute fatty liver of | 19 | | pregnancy, or cardiomyopathy. | 20 | | (4) Patient death or serious disability directly | 21 | | related to hypoglycemia, the onset of which occurs while | 22 | | the patient is being cared for in a health care facility | 23 | | for a condition unrelated to hypoglycemia. | 24 | | (f) (Blank). Environmental events. Events reportable under | 25 | | this subsection are: | 26 | | (1) Patient death or serious disability associated |
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| 1 | | with an electric shock while being cared for in a health | 2 | | care facility, excluding events involving planned | 3 | | treatments such as electric countershock.
| 4 | | (2) Any incident in which a line designated for oxygen | 5 | | or other gas to be delivered to a patient contains the | 6 | | wrong gas or is contaminated by toxic substances.
| 7 | | (3) Patient death or serious disability associated | 8 | | with a burn incurred from any source while being cared for | 9 | | in a health care facility that is not consistent with the | 10 | | documented informed consent for that patient. Reportable | 11 | | events under this clause do not include situations | 12 | | requiring prompt action that occur in the course of surgery | 13 | | or situations whose urgency precludes obtaining informed | 14 | | consent.
| 15 | | (4) Patient death associated with a fall while being | 16 | | cared for in a health care facility.
| 17 | | (5) Patient death or serious disability associated | 18 | | with the use of restraints or bedrails while being cared | 19 | | for in a health care facility. | 20 | | (g) (Blank). Physical security events. Events reportable | 21 | | under this subsection are: | 22 | | (1) Any instance of care ordered by or provided by | 23 | | someone impersonating a physician, nurse, pharmacist, or | 24 | | other licensed health care provider. | 25 | | (2) Abduction of a patient of any age. | 26 | | (3) Sexual assault on a patient within or on the |
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| 1 | | grounds of a health care facility. | 2 | | (4) Death or significant injury of a patient or staff | 3 | | member resulting from a physical assault that occurs within | 4 | | or on the grounds of a health care facility. | 5 | | (g-5) If the adverse health care events subject to this Law | 6 | | are revised as described in Section 10-10, then the Department | 7 | | shall provide notice to all affected health care facilities | 8 | | promptly upon the revision and shall inform affected health | 9 | | care facilities of the effective date of the revision for | 10 | | purposes of reporting under this Law. | 11 | | (h) Definitions. As pertains to an adverse health care | 12 | | event used in this Section 10-15: | 13 | |
"Death" means patient death related to an adverse event | 14 | | and not related solely to the natural course of the patient's | 15 | | illness or underlying condition. Events otherwise reportable | 16 | | under this Section 10-15 shall be reported even if the death | 17 | | might have otherwise occurred as the natural course of the | 18 | | patient's illness or underlying condition. | 19 | | "Serious disability" means a physical or mental | 20 | | impairment, including loss of a body part, related to an | 21 | | adverse event and not related solely to the natural course of | 22 | | the patient's illness or underlying condition, that | 23 | | substantially limits one or more of the major life activities | 24 | | of an individual or a loss of bodily function, if the | 25 | | impairment or loss lasts more than 7 days prior to discharge or | 26 | | is still present at the time of discharge from an inpatient |
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| 1 | | health care facility.
| 2 | | (Source: P.A. 94-242, eff. 7-18-05.) | 3 | | Section 10. The State Finance Act is amended by adding | 4 | | Section 5.826 as follows: | 5 | | (30 ILCS 105/5.826 new) | 6 | | Sec. 5.826. The Hospital Licensure Fund.
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.
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