Full Text of HB0581 103rd General Assembly
HB0581ham002 103RD GENERAL ASSEMBLY | Rep. Dagmara Avelar Filed: 5/15/2024 | | 10300HB0581ham002 | | LRB103 04166 LNS 73502 a |
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| 1 | | AMENDMENT TO HOUSE BILL 581
| 2 | | AMENDMENT NO. ______. Amend House Bill 581 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Hospital Emergency Service Act is amended | 5 | | by changing Section 1 and by adding Sections 2.1 and 40 as | 6 | | follows: | 7 | | (210 ILCS 80/1) (from Ch. 111 1/2, par. 86) | 8 | | Sec. 1. Requirements to provide emergency medical care. | 9 | | (a) Every hospital required to be licensed by the | 10 | | Department of Public Health pursuant to the Hospital Licensing | 11 | | Act which provides general medical and surgical hospital | 12 | | services, except long-term acute care hospitals and | 13 | | rehabilitation hospitals identified in Section 1.3 of this | 14 | | Act, shall provide a hospital emergency service in accordance | 15 | | with rules and regulations adopted by the Department of Public | 16 | | Health and shall furnish such hospital emergency services to |
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| 1 | | any applicant who applies for the same in case of injury or | 2 | | acute medical condition where the same is liable to cause | 3 | | death or severe injury or serious illness. For purposes of | 4 | | this Act, "applicant" includes any person who presents at the | 5 | | hospital or who is brought to a hospital by ambulance or | 6 | | specialized emergency medical services vehicle as defined in | 7 | | the Emergency Medical Services (EMS) Systems Act. Hospitals | 8 | | shall furnish hospital emergency services, including as | 9 | | described in subsections (b-1) and (b-2), in accordance with | 10 | | the procedures required by the federal Emergency Medical | 11 | | Treatment and Active Labor Act (EMTALA), including, but not | 12 | | limited to, medical screening, the provision of necessary | 13 | | stabilizing treatment, procedures for refusals to consent, | 14 | | restricting transfers until the individual is stabilized, | 15 | | appropriate transfers of patients, nondiscrimination, no delay | 16 | | in examination or treatment, and whistleblower protections. | 17 | | (b-1) For purposes of this Act, "injury or acute medical | 18 | | condition where the same is liable to cause death or severe | 19 | | injury or serious illness" includes, but is not limited to, | 20 | | when a pregnant patient is experiencing ectopic pregnancy, | 21 | | complications of pregnancy loss, risks to future fertility, | 22 | | previable preterm premature rupture of membranes (PPROM), or | 23 | | emergent hypertensive disorders, such as preeclampsia. | 24 | | (b-2) For purposes of this Act, "stabilizing treatment" | 25 | | includes abortion when abortion is necessary to resolve the | 26 | | patient's injury or acute medical condition that is liable to |
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| 1 | | cause death or severe injury or serious illness. | 2 | | (c) The amendments to this Section are declarative of | 3 | | existing law. | 4 | | (d) Nothing in this Section shall be construed to alter | 5 | | existing legal statuses and rights. | 6 | | (Source: P.A. 97-667, eff. 1-13-12; 98-683, eff. 6-30-14.) | 7 | | (210 ILCS 80/2.1 new) | 8 | | Sec. 2.1. Department investigations. The Department shall | 9 | | also have the authority to investigate violations of this Act, | 10 | | which may include a medical clinical review by a physician, | 11 | | and to issue a minimum monetary penalty of $50,000 for | 12 | | violating this Act. The Department shall adopt rules for | 13 | | purposes of enforcing this Act and identifying factors to be | 14 | | considered when issuing a monetary penalty. The Department may | 15 | | assess a fine under this Section only if there are no fines | 16 | | assessed for the violation by the federal government. | 17 | | (210 ILCS 80/40 new) | 18 | | Sec. 40. Severability. The provisions of this Act are | 19 | | severable under Section 1.31 of the Statute on Statutes. | 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.". |
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