Illinois General Assembly - Full Text of HB3221
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Full Text of HB3221  99th General Assembly


Rep. Pamela Reaves-Harris

Filed: 4/15/2015





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2    AMENDMENT NO. ______. Amend House Bill 3221, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The Emergency Medical Services (EMS) Systems
6Act is amended by changing Section 32.5 as follows:
7    (210 ILCS 50/32.5)
8    Sec. 32.5. Freestanding Emergency Center.
9    (a) The Department shall issue an annual Freestanding
10Emergency Center (FEC) license to any facility that has
11received a permit from the Health Facilities and Services
12Review Board to establish a Freestanding Emergency Center by
13January 1, 2015, and:
14        (1) is located: (A) in a municipality with a population
15    of 50,000 or fewer inhabitants; (B) within 50 miles of the
16    hospital that owns or controls the FEC; and (C) within 50



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1    miles of the Resource Hospital affiliated with the FEC as
2    part of the EMS System;
3        (2) is wholly owned or controlled by an Associate or
4    Resource Hospital, but is not a part of the hospital's
5    physical plant;
6        (3) meets the standards for licensed FECs, adopted by
7    rule of the Department, including, but not limited to:
8            (A) facility design, specification, operation, and
9        maintenance standards;
10            (B) equipment standards; and
11            (C) the number and qualifications of emergency
12        medical personnel and other staff, which must include
13        at least one board certified emergency physician
14        present at the FEC 24 hours per day.
15        (4) limits its participation in the EMS System strictly
16    to receiving a limited number of BLS runs by emergency
17    medical vehicles according to protocols developed by the
18    Resource Hospital within the FEC's designated EMS System
19    and approved by the Project Medical Director and the
20    Department;
21        (5) provides comprehensive emergency treatment
22    services, as defined in the rules adopted by the Department
23    pursuant to the Hospital Licensing Act, 24 hours per day,
24    on an outpatient basis;
25        (6) provides an ambulance and maintains on site
26    ambulance services staffed with paramedics 24 hours per



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1    day;
2        (7) (blank);
3        (8) complies with all State and federal patient rights
4    provisions, including, but not limited to, the Emergency
5    Medical Treatment Act and the federal Emergency Medical
6    Treatment and Active Labor Act;
7        (9) maintains a communications system that is fully
8    integrated with its Resource Hospital within the FEC's
9    designated EMS System;
10        (10) reports to the Department any patient transfers
11    from the FEC to a hospital within 48 hours of the transfer
12    plus any other data determined to be relevant by the
13    Department;
14        (11) submits to the Department, on a quarterly basis,
15    the FEC's morbidity and mortality rates for patients
16    treated at the FEC and other data determined to be relevant
17    by the Department;
18        (12) does not describe itself or hold itself out to the
19    general public as a full service hospital or hospital
20    emergency department in its advertising or marketing
21    activities;
22        (13) complies with any other rules adopted by the
23    Department under this Act that relate to FECs;
24        (14) passes the Department's site inspection for
25    compliance with the FEC requirements of this Act;
26        (15) submits a copy of the permit issued by the Health



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1    Facilities and Services Review Board indicating that the
2    facility has complied with the Illinois Health Facilities
3    Planning Act with respect to the health services to be
4    provided at the facility;
5        (16) submits an application for designation as an FEC
6    in a manner and form prescribed by the Department by rule;
7    and
8        (17) pays the annual license fee as determined by the
9    Department by rule.
10    (a-5) Notwithstanding any other provision of this Section,
11the Department may issue an annual FEC license to a facility
12that is located in a county that does not have a licensed
13general acute care hospital if the facility's application for a
14permit from the Illinois Health Facilities Planning Board has
15been deemed complete by the Department of Public Health by
16January 1, 2014 and if the facility complies with the
17requirements set forth in paragraphs (1) through (17) of
18subsection (a).
19    (a-10) Notwithstanding any other provision of this
20Section, the Department may issue an annual FEC license to a
21facility if the facility has, by January 1, 2014, filed a
22letter of intent to establish an FEC and if the facility
23complies with the requirements set forth in paragraphs (1)
24through (17) of subsection (a).
25    (a-15) Notwithstanding any other provision of this
26Section, the Department shall issue an annual FEC license to a



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1facility located within a municipality with a population in
2excess of 1,000,000 inhabitants if the facility has, by January
31, 2016, filed a letter of intent to establish an FEC and if
4the facility complies with all requirements set forth in
5paragraphs (3) through (17) of subsection (a) of this Section
6and all applicable administrative rules. Any FEC located in a
7municipality with a population in excess of 1,000,000
8inhabitants shall not be required to be wholly owned or
9controlled by an Associate Hospital or Resource Hospital;
10however, all patients needing emergent or urgent evaluation or
11treatment beyond the FEC's ability shall be expeditiously
12transferred to the closest appropriate health care facility
13based on the patient's acuity and needs. For non-emergent
14patients ultimately needing inpatient hospital care, the FEC
15shall have a transfer agreement in place with at least one
16acute care hospital in the FEC's service area. For FECs
17established under this subsection (a-15), the facility shall
18have the authority to create up to 10 observation beds as
19further defined by rule. The Department shall issue no more
20than 3 such licenses in a municipality with a population in
21excess of 1,000,000 inhabitants and shall give consideration to
22underserved areas, particularly those that have recently lost
23access to emergency care through the loss of an emergency care
24provider. An FEC qualifying under this subsection (a-15) shall
25fully participate with and function within a Department
26approved local EMS System.



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1    (b) The Department shall:
2        (1) annually inspect facilities of initial FEC
3    applicants and licensed FECs, and issue annual licenses to
4    or annually relicense FECs that satisfy the Department's
5    licensure requirements as set forth in subsection (a);
6        (2) suspend, revoke, refuse to issue, or refuse to
7    renew the license of any FEC, after notice and an
8    opportunity for a hearing, when the Department finds that
9    the FEC has failed to comply with the standards and
10    requirements of the Act or rules adopted by the Department
11    under the Act;
12        (3) issue an Emergency Suspension Order for any FEC
13    when the Director or his or her designee has determined
14    that the continued operation of the FEC poses an immediate
15    and serious danger to the public health, safety, and
16    welfare. An opportunity for a hearing shall be promptly
17    initiated after an Emergency Suspension Order has been
18    issued; and
19        (4) adopt rules as needed to implement this Section.
20(Source: P.A. 96-23, eff. 6-30-09; 96-31, eff. 6-30-09; 96-883,
21eff. 3-1-10; 96-1000, eff. 7-2-10; 97-333, eff. 8-12-11;
2297-1112, eff. 8-27-12.)
23    Section 99. Effective date. This Act takes effect upon
24becoming law.".