Full Text of HB5738 096th General Assembly
HB5738 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5738
Introduced 2/9/2010, by Rep. Patricia R. Bellock SYNOPSIS AS INTRODUCED: |
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Amends the Emergency Medical Services (EMS) Systems Act. Makes technical
changes in a Section concerning freestanding emergency centers.
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A BILL FOR
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HB5738 |
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LRB096 18157 KTG 33532 b |
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Emergency Medical Services (EMS) Systems Act | 5 |
| is amended by changing Section 32.5 as follows:
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| (210 ILCS 50/32.5)
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| Sec. 32.5. Freestanding Emergency Center.
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| (a) The The Department shall issue an annual Freestanding | 9 |
| Emergency Center (FEC)
license to any facility that has | 10 |
| received a permit from the Illinois Health Facilities and | 11 |
| Services Review Planning Board to establish a Freestanding | 12 |
| Emergency Center if the application for the permit has been | 13 |
| deemed complete by the Department of Public Health by March 1, | 14 |
| 2009, and:
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| (1) is located: (A) in a municipality with
a population
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| of 75,000 or fewer inhabitants; (B) within 20 miles of the
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| hospital that owns or controls the FEC; and (C) within 20 | 18 |
| miles of the Resource
Hospital affiliated with the FEC as | 19 |
| part of the EMS System;
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| (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;
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| (3) meets the standards for licensed FECs, adopted by |
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HB5738 |
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| rule of the
Department, including, but not limited to:
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| (A) facility design, specification, operation, and | 3 |
| maintenance
standards;
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| (B) equipment standards; and
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| (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.
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| (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
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| Department;
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| (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;
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| (6) provides an ambulance and
maintains on site | 20 |
| ambulance services staffed with paramedics 24 hours per | 21 |
| day;
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| (7) (blank);
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| (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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| (9) maintains a communications system that is fully | 2 |
| integrated with
its Resource Hospital within the FEC's | 3 |
| designated EMS System;
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| (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;
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| (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;
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| (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
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| activities;
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| (13) complies with any other rules adopted by the
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| Department
under this Act that relate to FECs;
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| (14) passes the Department's site inspection for | 19 |
| compliance with the FEC
requirements of this Act;
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| (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;
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| (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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| and
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| (17) pays the annual license fee as determined by the | 3 |
| Department by
rule.
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| (b) The Department shall:
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| (1) annually inspect facilities of initial FEC | 6 |
| applicants and licensed
FECs, and issue
annual licenses to | 7 |
| or annually relicense FECs that
satisfy the Department's | 8 |
| licensure requirements as set forth in subsection (a);
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| (2) suspend, revoke, refuse to issue, or refuse to | 10 |
| renew the license of
any
FEC, after notice and an | 11 |
| opportunity for a hearing, when the Department finds
that | 12 |
| the FEC has failed to comply with the standards and | 13 |
| requirements of the
Act or rules adopted by the Department | 14 |
| under the
Act;
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| (3) issue an Emergency Suspension Order for any FEC | 16 |
| when the
Director or his or her designee has determined | 17 |
| that the continued operation of
the FEC poses an immediate | 18 |
| and serious danger to
the public health, safety, and | 19 |
| welfare.
An opportunity for a
hearing shall be promptly | 20 |
| initiated after an Emergency Suspension Order has
been | 21 |
| issued; and
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| (4) adopt rules as needed to implement this Section.
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| (Source: P.A. 95-584, eff. 8-31-07; 96-23, eff. 6-30-09; 96-31, | 24 |
| eff. 6-30-09; revised 8-20-09.)
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