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90_HB1344enr
210 ILCS 50/32.5
Amends the Emergency Medical Services (EMS) Systems Act.
Extends the expiration of the freestanding emergency center
demonstration program by one year. Increases from 50,000 to
60,000 the maximum permitted population of the municipality
within which the model facility must be located. Effective
immediately.
LRB9004513EGfgA
HB1344 Enrolled LRB9004513EGfgA
1 AN ACT to amend the Emergency Medical Services (EMS)
2 Systems Act by changing Section 32.5.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Emergency Medical Services (EMS) Systems
6 Act is amended by changing Section 32.5 as follows:
7 (210 ILCS 50/32.5)
8 Sec. 32.5. Freestanding Emergency Center; demonstration
9 program.
10 (a) The Department shall issue an annual Freestanding
11 Emergency Center (FEC) license to a facility that:
12 (1) is located in a municipality with a population
13 of 60,000 50,000 or fewer inhabitants; in a county with a
14 population of more than 350,000 but less than 500,000
15 inhabitants; within 15 miles of the hospital that owns or
16 controls the FEC; and within 10 miles of the Resource
17 Hospital affiliated with the FEC as part of the EMS
18 System;
19 (2) is wholly owned or controlled by an Associate
20 or Resource Hospital, but is not a part of the hospital's
21 physical plant;
22 (3) meets the standards for licensed FECs, adopted
23 by rule of the Department, including, but not limited to:
24 (A) facility design, specification, operation,
25 and maintenance standards;
26 (B) equipment standards; and
27 (C) the number and qualifications of emergency
28 medical personnel and other staff, which must
29 include at least one board certified emergency
30 physician present at the FEC 24 hours per day.
31 (4) limits its participation in the EMS System
HB1344 Enrolled -2- LRB9004513EGfgA
1 strictly to receiving a limited number of BLS runs by
2 emergency medical vehicles according to protocols
3 developed by the Resource Hospital within the FEC's
4 designated EMS System and approved by the Project Medical
5 Director and the Department;
6 (5) provides comprehensive emergency treatment
7 services, as defined in the rules adopted by the
8 Department pursuant to the Hospital Licensing Act, 24
9 hours per day, on an outpatient basis;
10 (6) provides an ambulance and maintains on site
11 ambulance services staffed with paramedics 24 hours per
12 day;
13 (7) maintains helicopter landing capabilities
14 approved by appropriate State and federal authorities;
15 (8) complies with all State and federal patient
16 rights provisions, including, but not limited to, the
17 Emergency Medical Treatment Act and the federal Emergency
18 Medical Treatment and Active Labor Act;
19 (9) maintains a communications system that is fully
20 integrated with its Resource Hospital within the FEC's
21 designated EMS System;
22 (10) reports to the Department any patient
23 transfers from the FEC to a hospital within 48 hours of
24 the transfer plus any other data determined to be
25 relevant by the Department;
26 (11) submits to the Department, on a quarterly
27 basis, the FEC's morbidity and mortality rates for
28 patients treated at the FEC and other data determined to
29 be relevant by the Department;
30 (12) does not describe itself or hold itself out to
31 the general public as a full service hospital or hospital
32 emergency department in its advertising or marketing
33 activities;
34 (13) complies with any other rules adopted by the
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1 Department under this Act that relate to FECs;
2 (14) passes the Department's site inspection for
3 compliance with the FEC requirements of this Act;
4 (15) submits a copy of a certificate of need or
5 other permit issued by the Illinois Health Facilities
6 Planning Board indicating that the facility that will
7 house the proposed FEC complies with State health
8 planning laws; provided, however, that the Illinois
9 Health Facilities Planning Board shall waive this
10 certificate of need or permit requirement for any
11 proposed FEC that, as of the effective date of this
12 amendatory Act of 1996, meets the criteria for providing
13 comprehensive emergency treatment services, as defined by
14 the rules promulgated under the Hospital Licensing Act,
15 but is not a licensed hospital;
16 (16) submits an application for designation as an
17 FEC in a manner and form prescribed by the Department by
18 rule; and
19 (17) pays the annual license fee as determined by
20 the Department by rule.
21 (b) The Department shall:
22 (1) annually inspect facilities of initial FEC
23 applicants and licensed FECs, and issue annual licenses
24 to or annually relicense FECs that satisfy the
25 Department's licensure requirements as set forth in
26 subsection (a);
27 (2) suspend, revoke, refuse to issue, or refuse to
28 renew the license of any FEC, after notice and an
29 opportunity for a hearing, when the Department finds that
30 the FEC has failed to comply with the standards and
31 requirements of the Act or rules adopted by the
32 Department under the Act;
33 (3) issue an Emergency Suspension Order for any FEC
34 when the Director or his or her designee has determined
HB1344 Enrolled -4- LRB9004513EGfgA
1 that the continued operation of the FEC poses an
2 immediate and serious danger to the public health,
3 safety, and welfare. An opportunity for a hearing shall
4 be promptly initiated after an Emergency Suspension Order
5 has been issued; and
6 (4) adopt rules as needed to implement this
7 Section.
8 (c) The FEC demonstration program shall be conducted for
9 an initial period concluding on September 1, 1999 1998. If,
10 by that date, the Department determines that the
11 demonstration program is operating in a manner consistent
12 with the purposes of this Act, the program shall continue and
13 sunset on September 1, 2001 2000. The Department shall
14 submit a report concerning the effectiveness of the
15 demonstration program to the General Assembly by September 1,
16 2000.
17 An FEC license issued pursuant to this Section shall
18 expire upon the termination of the demonstration program.
19 (Source: P.A. 89-516, eff. 7-18-96.)
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.