Full Text of HB5142 97th General Assembly
HB5142enr 97TH 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 5. The Emergency Medical Services (EMS) Systems Act | 5 | | is amended by changing Section 32.5 as follows:
| 6 | | (210 ILCS 50/32.5)
| 7 | | Sec. 32.5. Freestanding Emergency Center.
| 8 | | (a) The Department shall issue an annual Freestanding | 9 | | Emergency Center (FEC)
license to any facility that has | 10 | | received a permit from the Health Facilities and Services | 11 | | Review Board to establish a Freestanding Emergency Center if | 12 | | the application for the permit has been deemed complete by the | 13 | | Department of Public Health by January 1, 2015 March 1, 2009 , | 14 | | and:
| 15 | | (1) is located: (A) in a municipality with
a population
| 16 | | of 50,000 75,000 or fewer inhabitants; (B) within 50 20 | 17 | | miles of the
hospital that owns or controls the FEC; and | 18 | | (C) within 50 20 miles of the Resource
Hospital affiliated | 19 | | with the FEC as part of the EMS System;
| 20 | | (2) is wholly owned or controlled by an Associate or | 21 | | Resource Hospital,
but is not a part of the hospital's | 22 | | physical plant;
| 23 | | (3) meets the standards for licensed FECs, adopted by |
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| 1 | | rule of the
Department, including, but not limited to:
| 2 | | (A) facility design, specification, operation, and | 3 | | maintenance
standards;
| 4 | | (B) equipment standards; and
| 5 | | (C) the number and qualifications of emergency | 6 | | medical personnel and
other staff, which must include | 7 | | at least one board certified emergency
physician | 8 | | present at the FEC 24 hours per day.
| 9 | | (4) limits its participation in the EMS System strictly | 10 | | to receiving a
limited number of BLS runs by emergency | 11 | | medical vehicles according to protocols
developed by the | 12 | | Resource Hospital within the FEC's
designated EMS System | 13 | | and approved by the Project Medical Director and the
| 14 | | Department;
| 15 | | (5) provides comprehensive emergency treatment | 16 | | services, as defined in the
rules adopted by the Department | 17 | | pursuant to the Hospital Licensing Act, 24
hours per day, | 18 | | on an outpatient basis;
| 19 | | (6) provides an ambulance and
maintains on site | 20 | | ambulance services staffed with paramedics 24 hours per | 21 | | day;
| 22 | | (7) (blank);
| 23 | | (8) complies with all State and federal patient rights | 24 | | provisions,
including, but not limited to, the Emergency | 25 | | Medical Treatment Act and the
federal Emergency
Medical | 26 | | Treatment and Active Labor Act;
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| 1 | | (9) maintains a communications system that is fully | 2 | | integrated with
its Resource Hospital within the FEC's | 3 | | designated EMS System;
| 4 | | (10) reports to the Department any patient transfers | 5 | | from the FEC to a
hospital within 48 hours of the transfer | 6 | | plus any other
data
determined to be relevant by the | 7 | | Department;
| 8 | | (11) submits to the Department, on a quarterly basis, | 9 | | the FEC's morbidity
and mortality rates for patients | 10 | | treated at the FEC and other data determined
to be relevant | 11 | | by the Department;
| 12 | | (12) does not describe itself or hold itself out to the | 13 | | general public as
a full service hospital or hospital | 14 | | emergency department in its advertising or
marketing
| 15 | | activities;
| 16 | | (13) complies with any other rules adopted by the
| 17 | | Department
under this Act that relate to FECs;
| 18 | | (14) passes the Department's site inspection for | 19 | | compliance with the FEC
requirements of this Act;
| 20 | | (15) submits a copy of the permit issued by
the Health | 21 | | Facilities and Services Review Board indicating that the | 22 | | facility has complied with the Illinois Health Facilities | 23 | | Planning Act with respect to the health services to be | 24 | | provided at the facility;
| 25 | | (16) submits an application for designation as an FEC | 26 | | in a manner and form
prescribed by the Department by rule; |
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| 1 | | and
| 2 | | (17) pays the annual license fee as determined by the | 3 | | Department by
rule.
| 4 | | (a-5) Notwithstanding any other provision of this Section, | 5 | | the Department may issue an annual FEC license to a facility | 6 | | that is located in a county that does not have a licensed | 7 | | general acute care hospital if the facility's application for a | 8 | | permit from the Illinois Health Facilities Planning Board has | 9 | | been deemed complete by the Department of Public Health by | 10 | | January 1, 2014 March 1, 2009 and if the facility complies with | 11 | | the requirements set forth in paragraphs (1) through (17) of | 12 | | subsection (a). | 13 | | (a-10) Notwithstanding any other provision of this | 14 | | Section, the Department may issue an annual FEC license to a | 15 | | facility if the facility has, by January 1, 2014, March 31, | 16 | | 2009, filed a letter of intent to establish an FEC and if the | 17 | | facility complies with the requirements set forth in paragraphs | 18 | | (1) through (17) of subsection (a). | 19 | | (b) The Department shall:
| 20 | | (1) annually inspect facilities of initial FEC | 21 | | applicants and licensed
FECs, and issue
annual licenses to | 22 | | or annually relicense FECs that
satisfy the Department's | 23 | | licensure requirements as set forth in subsection (a);
| 24 | | (2) suspend, revoke, refuse to issue, or refuse to | 25 | | renew the license of
any
FEC, after notice and an | 26 | | opportunity for a hearing, when the Department finds
that |
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| 1 | | the FEC has failed to comply with the standards and | 2 | | requirements of the
Act or rules adopted by the Department | 3 | | under the
Act;
| 4 | | (3) issue an Emergency Suspension Order for any FEC | 5 | | when the
Director or his or her designee has determined | 6 | | that the continued operation of
the FEC poses an immediate | 7 | | and serious danger to
the public health, safety, and | 8 | | welfare.
An opportunity for a
hearing shall be promptly | 9 | | initiated after an Emergency Suspension Order has
been | 10 | | issued; and
| 11 | | (4) adopt rules as needed to implement this Section.
| 12 | | (Source: P.A. 96-23, eff. 6-30-09; 96-31, eff. 6-30-09; 96-883, | 13 | | eff. 3-1-10; 96-1000, eff. 7-2-10; 97-333, eff. 8-12-11.)
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.
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