Full Text of SB0628 98th General Assembly
SB0628sam001 98TH GENERAL ASSEMBLY | Sen. Heather A. Steans Filed: 5/8/2013
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| 1 | | AMENDMENT TO SENATE BILL 628
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 628 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. The Emergency Medical Services (EMS) Systems | 5 | | Act 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;
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| 1 | | (b) Classify the emergency departments of all
| 2 | | hospitals within the State in accordance with this Section;
| 3 | | (c) Annually publish, and distribute to all EMS
| 4 | | Systems, a list reflecting the classification of all
| 5 | | emergency departments.
| 6 | | (d) For the purposes of paragraphs (a) and (b) of this | 7 | | Section, long-term acute care hospitals, rehabilitation | 8 | | hospitals, and psychiatric hospitals, as defined under the | 9 | | Hospital Emergency Service Act, are not required to provide | 10 | | hospital emergency services . Long-term acute care hospitals, | 11 | | rehabilitation hospitals, and psychiatric hospitals with no | 12 | | emergency department and shall be classified as not available. | 13 | | (Source: P.A. 97-667, eff. 1-13-12; revised 8-3-12.)
| 14 | | Section 3. The Hospital Emergency Service Act is amended by | 15 | | changing Sections 1 and 1.3 as follows:
| 16 | | (210 ILCS 80/1) (from Ch. 111 1/2, par. 86)
| 17 | | Sec. 1.
Every hospital required to be licensed by the | 18 | | Department of Public
Health pursuant to the Hospital Licensing | 19 | | Act which provides general medical
and surgical
hospital | 20 | | services, except long-term acute care hospitals , | 21 | | rehabilitation hospitals, and psychiatric hospitals identified | 22 | | in Section 1.3 of this Act, shall provide a hospital emergency | 23 | | service in accordance
with rules and regulations adopted by the | 24 | | Department of Public Health and
shall furnish such hospital |
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| 1 | | emergency services to any applicant who applies
for the same in | 2 | | case of injury or acute medical condition where the same is
| 3 | | liable to cause death or severe injury or serious illness.
For | 4 | | purposes of this Act, "applicant" includes any person who is | 5 | | brought
to a hospital by ambulance or specialized emergency | 6 | | medical services
vehicle as defined in the Emergency Medical | 7 | | Services (EMS) Systems Act.
| 8 | | (Source: P.A. 97-667, eff. 1-13-12.)
| 9 | | (210 ILCS 80/1.3) | 10 | | Sec. 1.3. Long-term acute care hospitals , rehabilitation | 11 | | hospitals, and psychiatric hospitals . For the purpose of this | 12 | | Act, general acute care hospitals designated by Medicare as | 13 | | long-term acute care hospitals , rehabilitation hospitals, and | 14 | | psychiatric hospitals are not required to provide hospital | 15 | | emergency services described in Section 1 of this Act. | 16 | | Hospitals defined in this Section may provide hospital | 17 | | emergency services at their option. | 18 | | Any long-term acute care hospital defined in this Section | 19 | | that opts to discontinue or otherwise not provide emergency | 20 | | services described in Section 1 shall: | 21 | | (1) comply with all provisions of the federal Emergency | 22 | | Medical Treatment and & Labor Act (EMTALA); | 23 | | (2) comply with all provisions required under the | 24 | | Social Security Act; | 25 | | (3) provide annual notice to communities in the |
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| 1 | | hospital's service area about available emergency medical | 2 | | services; and | 3 | | (4) make educational materials available to | 4 | | individuals who are present at the hospital concerning the | 5 | | availability of medical services within the hospital's | 6 | | service area. | 7 | | Long-term acute care hospitals that operate standby | 8 | | emergency services as of January 1, 2011 may discontinue | 9 | | hospital emergency services by notifying the Department of | 10 | | Public Health. Long-term acute care hospitals that operate | 11 | | basic or comprehensive emergency services must notify the | 12 | | Health Facilities and Services Review Board and follow the | 13 | | appropriate procedures.
| 14 | | Any rehabilitation hospital or psychiatric hospital that | 15 | | opts to discontinue or otherwise not provide emergency services | 16 | | described in Section 1 shall: | 17 | | (1) comply with all provisions of the federal Emergency | 18 | | Medical Treatment and Active Labor Act (EMTALA); | 19 | | (2) comply with all provisions required under the | 20 | | Social Security Act; | 21 | | (3) provide annual notice to communities in the | 22 | | hospital's service area about available emergency medical | 23 | | services; | 24 | | (4) make educational materials available to | 25 | | individuals who are present at the hospital concerning the | 26 | | availability of medical services within the hospital's |
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| 1 | | service area; | 2 | | (5) not use the term "hospital" in their name or on any | 3 | | signage; and | 4 | | (6) notify in writing the Department and the Health | 5 | | Facilities and Services Review Board of the | 6 | | discontinuation. | 7 | | (Source: P.A. 97-667, eff. 1-13-12.) | 8 | | Section 5. The Hospital Licensing Act is amended by | 9 | | changing Sections 5 and 6 and by adding Section 14.5 as | 10 | | follows:
| 11 | | (210 ILCS 85/5) (from Ch. 111 1/2, par. 146)
| 12 | | Sec. 5.
(a) An application for a permit to establish a | 13 | | hospital shall be
made to the Department upon forms provided by | 14 | | it. This application shall
contain such information as the | 15 | | Department reasonably requires, which shall
include | 16 | | affirmative evidence on which the Director may make the | 17 | | findings
required under Section 6a of this Act.
| 18 | | (b) An application for a license to open, conduct, operate, | 19 | | and maintain
a hospital shall be made to the Department upon | 20 | | forms provided by it , accompanied by a license fee of $55 per | 21 | | bed, or such lesser amount as the Department may establish by | 22 | | administrative rule in consultation with the Department of | 23 | | Healthcare and Family Services to comply with the limitations | 24 | | on health care-related taxes imposed by 42 U.S.C. 1396b(w) |
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| 1 | | that, if violated, would result in reductions to the amount of | 2 | | federal financial participation received by the State for | 3 | | Medicaid expenditures, and
shall contain such information as | 4 | | the Department reasonably requires, which
may include | 5 | | affirmative evidence of ability to comply with the provisions
| 6 | | of this Act and the standards, rules, and regulations, | 7 | | promulgated by
virtue thereof.
| 8 | | (c) All applications required under this Section shall be | 9 | | signed by the
applicant and shall be verified. Applications on | 10 | | behalf of a corporation or
association or a governmental unit | 11 | | or agency shall be made and verified by
any two officers | 12 | | thereof.
| 13 | | (Source: Laws 1965, p. 2350.)
| 14 | | (210 ILCS 85/6) (from Ch. 111 1/2, par. 147)
| 15 | | Sec. 6.
(a) Upon receipt of an application for a permit to | 16 | | establish
a hospital the Director shall issue a permit if he | 17 | | finds (1) that the
applicant is fit, willing, and able to | 18 | | provide a proper standard of
hospital service for the community | 19 | | with particular regard to the
qualification, background, and | 20 | | character of the applicant, (2) that the
financial resources | 21 | | available to the applicant demonstrate an ability to
construct, | 22 | | maintain, and operate a hospital in accordance with the
| 23 | | standards, rules, and regulations adopted pursuant to this Act, | 24 | | and (3)
that safeguards are provided which assure hospital | 25 | | operation and
maintenance consistent with the public interest |
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| 1 | | having particular regard
to safe, adequate, and efficient | 2 | | hospital facilities and services.
| 3 | | The Director may request the cooperation of county and
| 4 | | multiple-county health departments, municipal boards of | 5 | | health, and
other governmental and non-governmental agencies | 6 | | in obtaining
information and in conducting investigations | 7 | | relating to such
applications.
| 8 | | A permit to establish a hospital shall be valid only for | 9 | | the premises
and person named in the application for such | 10 | | permit and shall not be
transferable or assignable.
| 11 | | In the event the Director issues a permit to establish a | 12 | | hospital the
applicant shall thereafter submit plans and | 13 | | specifications to the
Department in accordance with Section 8 | 14 | | of this Act.
| 15 | | (b) Upon receipt of an application for license to open, | 16 | | conduct,
operate, and maintain a hospital, the Director shall | 17 | | issue a license if
he finds the applicant and the hospital | 18 | | facilities comply with
standards, rules, and regulations | 19 | | promulgated under this Act. A license,
unless sooner suspended | 20 | | or revoked, shall be renewable annually upon
approval by the | 21 | | Department and payment of a license fee as established pursuant | 22 | | to Section 5 of this Act . Each license shall be issued only for | 23 | | the
premises and persons named in the application and shall not | 24 | | be
transferable or assignable. Licenses shall be posted in a | 25 | | conspicuous
place on the licensed premises. The Department may, | 26 | | either before or
after the issuance of a license, request the |
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| 1 | | cooperation of the State Fire
Marshal, county
and multiple | 2 | | county health departments, or municipal boards of health to
| 3 | | make investigations to determine if the applicant or licensee | 4 | | is
complying with the minimum standards prescribed by the | 5 | | Department. The
report and recommendations of any such agency | 6 | | shall be in writing and
shall state with particularity its | 7 | | findings with respect to compliance
or noncompliance with such | 8 | | minimum standards, rules, and regulations.
| 9 | | The Director may issue a provisional license to any | 10 | | hospital which
does not substantially comply with the | 11 | | provisions of this Act and the
standards, rules, and | 12 | | regulations promulgated by virtue thereof provided
that he | 13 | | finds that such hospital has undertaken changes and corrections
| 14 | | which upon completion will render the hospital in substantial | 15 | | compliance
with the provisions of this Act, and the standards, | 16 | | rules, and
regulations adopted hereunder, and provided that the | 17 | | health and safety
of the patients of the hospital will be | 18 | | protected during the period for
which such provisional license | 19 | | is issued. The Director shall advise the
licensee of the | 20 | | conditions under which such provisional license is
issued, | 21 | | including the manner in which the hospital facilities fail to
| 22 | | comply with the provisions of the Act, standards, rules, and
| 23 | | regulations, and the time within which the changes and | 24 | | corrections
necessary for such hospital facilities to | 25 | | substantially comply with this
Act, and the standards, rules, | 26 | | and regulations of the Department
relating thereto shall be |
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| 1 | | completed.
| 2 | | (Source: P.A. 80-56.)
| 3 | | (210 ILCS 85/14.5 new) | 4 | | Sec. 14.5. Hospital Licensure Fund. | 5 | | (a) There is created in the State treasury the Hospital | 6 | | Licensure Fund. The Fund is created for the purpose of | 7 | | providing funding for the administration of the licensure | 8 | | program and patient safety and quality initiatives for | 9 | | hospitals, including, without limitation, the implementation | 10 | | of the Illinois Adverse Health Care Events Reporting Law of | 11 | | 2005. | 12 | | (b) The Fund shall consist of the following: | 13 | | (1) fees collected pursuant to this Section; | 14 | | (2) federal matching funds received by the State as a | 15 | | result of expenditures made by the Department that are | 16 | | attributable to moneys deposited in the Fund; | 17 | | (3) interest earned on moneys deposited in the Fund; | 18 | | and | 19 | | (4) other moneys received for the Fund from any other | 20 | | source, including interest earned thereon. | 21 | | (c) Disbursements from the Fund shall be made only for: | 22 | | (1) initially, the implementation of the Illinois | 23 | | Adverse Health Care Events Reporting Law of 2005; | 24 | | (2) subsequently, programs, information, or | 25 | | assistance, including measures to address public |
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| 1 | | complaints, designed to measurably improve quality and | 2 | | patient safety; and | 3 | | (3) the reimbursement of moneys collected by the | 4 | | Department through error or mistake. | 5 | | (d) The uses described in paragraphs (1) and (2) of | 6 | | subsection (c) shall be developed in conjunction with a | 7 | | statewide organization representing a majority of hospitals. | 8 | | Section 8. The Illinois Adverse Health Care Events | 9 | | Reporting Law of 2005 is amended by changing Sections 10-10 and | 10 | | 10-15 as follows: | 11 | | (410 ILCS 522/10-10)
| 12 | | Sec. 10-10. Definitions. As used in this Law, the following | 13 | | terms have the following meanings: | 14 | | "Adverse health care event" means any event identified as a | 15 | | serious reportable event by the National Quality Forum on the | 16 | | effective date of this amendatory Act of the 98th General | 17 | | Assembly. The Department shall adopt, by rule, the list of | 18 | | adverse health care events. The rules in effect on May 1, 2013, | 19 | | that define "adverse health care event" shall remain in effect | 20 | | until new rules are adopted in accordance with this amendatory | 21 | | Act of the 98th General Assembly. If the National Quality Forum | 22 | | thereafter revises its list of serious reportable events | 23 | | through addition, deletion, or modification, then the term | 24 | | "adverse health care event" for purposes of this Law shall be |
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| 1 | | similarly revised, effective no sooner than 6 months after the | 2 | | revision by the National Quality Forum. described in | 3 | | subsections (b) through (g) of Section 10-15 . | 4 | | "Department" means the Illinois Department of Public | 5 | | Health. | 6 | | "Health care facility" means a hospital maintained by the | 7 | | State or any department or agency thereof where such department | 8 | | or agency has authority under law to establish and enforce | 9 | | standards for the hospital under its management and control, a | 10 | | hospital maintained by any university or college established | 11 | | under the laws of this State and supported principally by | 12 | | public funds raised by taxation, a hospital licensed under the | 13 | | Hospital Licensing Act, a hospital organized under the | 14 | | University of Illinois Hospital Act, and an ambulatory surgical | 15 | | treatment center licensed under the Ambulatory Surgical | 16 | | Treatment Center Act.
| 17 | | (Source: P.A. 94-242, eff. 7-18-05.) | 18 | | (410 ILCS 522/10-15)
| 19 | | Sec. 10-15. Health care facility requirements to report, | 20 | | analyze, and correct. | 21 | | (a) Reports of adverse health care events required. Each | 22 | | health care facility shall report to the Department the | 23 | | occurrence of any of the adverse health care events described | 24 | | in subsections (b) through (g) no later than 30 days after | 25 | | discovery of the event. The report shall be filed in a format |
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| 1 | | specified by the Department and shall identify the health care | 2 | | facility, but shall not include any information identifying or | 3 | | that tends to identify any of the health care professionals, | 4 | | employees, or patients involved. | 5 | | (b) (Blank). Surgical events. Events reportable under this | 6 | | subsection are: | 7 | | (1) Surgery performed on a wrong body part that is not | 8 | | consistent with the documented informed consent for that | 9 | | patient. Reportable events under this clause do not include | 10 | | situations requiring prompt action that occur in the course | 11 | | of surgery or situations whose urgency precludes obtaining | 12 | | informed consent. | 13 | | (2) Surgery performed on the wrong patient. | 14 | | (3) The wrong surgical procedure performed on a patient | 15 | | that is not consistent with the documented informed consent | 16 | | for that patient. Reportable events under this clause do | 17 | | not include situations requiring prompt action that occur | 18 | | in the course of surgery or situations whose urgency | 19 | | precludes obtaining informed consent. | 20 | | (4) Retention of a foreign object in a patient after | 21 | | surgery or other procedure, excluding objects | 22 | | intentionally implanted as part of a planned intervention | 23 | | and objects present prior to surgery that are intentionally | 24 | | retained. | 25 | | (5) Death during or immediately after surgery of a | 26 | | normal, healthy patient who has no organic, physiologic, |
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| 1 | | biochemical, or psychiatric disturbance and for whom the | 2 | | pathologic processes for which the operation is to be | 3 | | performed are localized and do not entail a systemic | 4 | | disturbance. | 5 | | (c) (Blank). Product or device events. Events reportable | 6 | | under this subsection are: | 7 | | (1) Patient death or serious disability associated | 8 | | with the use of contaminated drugs, devices, or biologics | 9 | | provided by the health care facility when the contamination | 10 | | is the result of generally detectable contaminants in | 11 | | drugs, devices, or biologics regardless of the source of | 12 | | the contamination or the product. | 13 | | (2) Patient death or serious disability associated | 14 | | with the use or function of a device in patient care in | 15 | | which the device is used or functions other than as | 16 | | intended. "Device" includes, but is not limited to, | 17 | | catheters, drains, and other specialized tubes, infusion | 18 | | pumps, and ventilators. | 19 | | (3) Patient death or serious disability associated | 20 | | with intravascular air embolism that occurs while being | 21 | | cared for in a health care facility, excluding deaths | 22 | | associated with neurosurgical procedures known to present | 23 | | a high risk of intravascular air embolism. | 24 | | (d) (Blank). Patient protection events. Events reportable | 25 | | under this subsection are: | 26 | | (1) An infant discharged to the wrong person. |
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| 1 | | (2) Patient death or serious disability associated | 2 | | with patient disappearance for more than 4 hours, excluding | 3 | | events involving adults who have decision-making capacity. | 4 | | (3) Patient suicide or attempted suicide resulting in | 5 | | serious disability while being cared for in a health care | 6 | | facility due to patient actions after admission to the | 7 | | health care facility, excluding deaths resulting from | 8 | | self-inflicted injuries that were the reason for admission | 9 | | to the health care facility. | 10 | | (e) (Blank). Care management events. Events reportable | 11 | | under this subsection are: | 12 | | (1) Patient death or serious disability associated | 13 | | with a medication error, including, but not limited to, | 14 | | errors involving the wrong drug, the wrong dose, the wrong | 15 | | patient, the wrong time, the wrong rate, the wrong | 16 | | preparation, or the wrong route of administration, | 17 | | excluding reasonable differences in clinical judgment on | 18 | | drug selection and dose. | 19 | | (2) Patient death or serious disability associated | 20 | | with a hemolytic reaction due to the administration of | 21 | | ABO-incompatible blood or blood products. | 22 | | (3) Maternal death or serious disability associated | 23 | | with labor or delivery in a low-risk pregnancy while being | 24 | | cared for in a health care facility, excluding deaths from | 25 | | pulmonary or amniotic fluid embolism, acute fatty liver of | 26 | | pregnancy, or cardiomyopathy. |
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| 1 | | (4) Patient death or serious disability directly | 2 | | related to hypoglycemia, the onset of which occurs while | 3 | | the patient is being cared for in a health care facility | 4 | | for a condition unrelated to hypoglycemia. | 5 | | (f) (Blank). Environmental events. Events reportable under | 6 | | this subsection are: | 7 | | (1) Patient death or serious disability associated | 8 | | with an electric shock while being cared for in a health | 9 | | care facility, excluding events involving planned | 10 | | treatments such as electric countershock.
| 11 | | (2) Any incident in which a line designated for oxygen | 12 | | or other gas to be delivered to a patient contains the | 13 | | wrong gas or is contaminated by toxic substances.
| 14 | | (3) Patient death or serious disability associated | 15 | | with a burn incurred from any source while being cared for | 16 | | in a health care facility that is not consistent with the | 17 | | documented informed consent for that patient. Reportable | 18 | | events under this clause do not include situations | 19 | | requiring prompt action that occur in the course of surgery | 20 | | or situations whose urgency precludes obtaining informed | 21 | | consent.
| 22 | | (4) Patient death associated with a fall while being | 23 | | cared for in a health care facility.
| 24 | | (5) Patient death or serious disability associated | 25 | | with the use of restraints or bedrails while being cared | 26 | | for in a health care facility. |
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| 1 | | (g) (Blank). Physical security events. Events reportable | 2 | | under this subsection are: | 3 | | (1) Any instance of care ordered by or provided by | 4 | | someone impersonating a physician, nurse, pharmacist, or | 5 | | other licensed health care provider. | 6 | | (2) Abduction of a patient of any age. | 7 | | (3) Sexual assault on a patient within or on the | 8 | | grounds of a health care facility. | 9 | | (4) Death or significant injury of a patient or staff | 10 | | member resulting from a physical assault that occurs within | 11 | | or on the grounds of a health care facility. | 12 | | (g-5) If the adverse health care events subject to this Law | 13 | | are revised as described in Section 10-10, then the Department | 14 | | shall provide notice to all affected health care facilities | 15 | | promptly upon the revision and shall inform affected health | 16 | | care facilities of the effective date of the revision for | 17 | | purposes of reporting under this Law. | 18 | | (h) Definitions. As pertains to an adverse health care | 19 | | event used in this Section 10-15: | 20 | |
"Death" means patient death related to an adverse event | 21 | | and not related solely to the natural course of the patient's | 22 | | illness or underlying condition. Events otherwise reportable | 23 | | under this Section 10-15 shall be reported even if the death | 24 | | might have otherwise occurred as the natural course of the | 25 | | patient's illness or underlying condition. | 26 | | "Serious disability" means a physical or mental |
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| 1 | | impairment, including loss of a body part, related to an | 2 | | adverse event and not related solely to the natural course of | 3 | | the patient's illness or underlying condition, that | 4 | | substantially limits one or more of the major life activities | 5 | | of an individual or a loss of bodily function, if the | 6 | | impairment or loss lasts more than 7 days prior to discharge or | 7 | | is still present at the time of discharge from an inpatient | 8 | | health care facility.
| 9 | | (Source: P.A. 94-242, eff. 7-18-05.) | 10 | | Section 10. The State Finance Act is amended by adding | 11 | | Section 5.826 as follows: | 12 | | (30 ILCS 105/5.826 new) | 13 | | Sec. 5.826. The Hospital Licensure Fund.
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.".
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