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1 | | often over-burdened
with many injuries or illnesses that |
2 | | could be managed in a less intensive
clinical setting or |
3 | | physician's office.
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4 | | (3) Over-utilization of hospital emergency departments |
5 | | contributes to
excess medical and health insurance costs.
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6 | | (4) The use of the term "urgent" or "emergi-" or a |
7 | | similar term in a
facility's posted or advertised name may |
8 | | confuse the public and
prospective patients regarding the |
9 | | type of services offered relative to those
provided by a |
10 | | hospital emergency department. There is significant risk |
11 | | to the
public health and safety if persons requiring |
12 | | treatment for a critical or
life-threatening condition |
13 | | inappropriately use such facilities.
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14 | | (5) Many times patients are not clearly aware of the |
15 | | policies and
procedures of their insurer or health plan |
16 | | that must be followed in the use of
emergency rooms versus |
17 | | non-emergent clinics and what rights they have under the
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18 | | law in regard to appropriately sought emergency care.
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19 | | (6) There is a need to more effectively educate health |
20 | | care payers and
consumers about the most appropriate use of |
21 | | the various available levels of
medical care and |
22 | | particularly the use of hospital emergency rooms and |
23 | | walk-in
medical clinics that do not require appointments.
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24 | | (b) No After the effective date of this amendatory Act of |
25 | | the 93rd General
Assembly, no person, facility, or entity shall |
26 | | hold itself out to the public as
an "urgent", "urgi-", |
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1 | | "emergi-" , or "emergent" care center or use any similar
term, |
2 | | as defined by rule,
that would give the impression
that |
3 | | emergency medical treatment is
provided by the person or entity |
4 | | or at the facility unless the facility is the
emergency room of |
5 | | a
facility licensed as a hospital under the Hospital Licensing |
6 | | Act or a facility
licensed as a freestanding emergency center |
7 | | under the Emergency Medical
Services (EMS) Systems Act. This |
8 | | Section does not prohibit a person, facility, or entity from |
9 | | holding itself out to the public as an "urgi-" or "urgent" care |
10 | | center.
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11 | | (c) Violation of this Section constitutes a business |
12 | | offense with a minimum
fine of $5,000 plus $1,000 per day for a |
13 | | continuing violation, with a maximum
of $25,000.
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14 | | (d) The Director of Public Health in the name of the people |
15 | | of the State,
through the Attorney General, may bring an action |
16 | | for an injunction or to
restrain
a
violation of this Section or |
17 | | the rules adopted pursuant to this Section or to
enjoin the |
18 | | future operation or maintenance of any facility in violation of |
19 | | this
Section or the rules adopted pursuant to this Section.
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20 | | (e) The Department of Public Health shall adopt rules |
21 | | necessary for the
implementation of this Section.
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22 | | (Source: P.A. 93-540, eff. 8-18-03.)".
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