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91_HB2026eng HB2026 Engrossed LRB9100703JSpcB 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 any facility that: 12 (1) is located: (i) in a municipality with a 13 population of 60,000 or fewer inhabitants; (ii) either in 14 a municipality that has a hospital that has been 15 providing emergency services but is expected to close by 16 the end of 1997 or in a county with a population of more 17 than 350,000 but less than 500,000 inhabitants; (iii) 18 within 15 miles of the hospital that owns or controls the 19 FEC; and (iv) within 10 miles of the Resource Hospital 20 affiliated with the FEC as part of the EMS System; 21 (2) is wholly owned or controlled by an Associate 22 or Resource Hospital, but is not a part of the hospital's 23 physical plant; 24 (3) meets the standards for licensed FECs, adopted 25 by rule of the Department, including, but not limited to: 26 (A) facility design, specification, operation, 27 and maintenance standards; 28 (B) equipment standards; and 29 (C) the number and qualifications of emergency 30 medical personnel and other staff, which must 31 include at least one board certified emergency HB2026 Engrossed -2- LRB9100703JSpcB 1 physician present at the FEC 24 hours per day. 2 (4) limits its participation in the EMS System 3 strictly to receiving a limited number of BLS runs by 4 emergency medical vehicles according to protocols 5 developed by the Resource Hospital within the FEC's 6 designated EMS System and approved by the Project Medical 7 Director and the Department; 8 (5) provides comprehensive emergency treatment 9 services, as defined in the rules adopted by the 10 Department pursuant to the Hospital Licensing Act, 24 11 hours per day, on an outpatient basis; 12 (6) provides an ambulance and maintains on site 13 ambulance services staffed with paramedics 24 hours per 14 day; 15 (7) maintains helicopter landing capabilities 16 approved by appropriate State and federal authorities; 17 (8) complies with all State and federal patient 18 rights provisions, including, but not limited to, the 19 Emergency Medical Treatment Act and the federal Emergency 20 Medical Treatment and Active Labor Act; 21 (9) maintains a communications system that is fully 22 integrated with its Resource Hospital within the FEC's 23 designated EMS System; 24 (10) reports to the Department any patient 25 transfers from the FEC to a hospital within 48 hours of 26 the transfer plus any other data determined to be 27 relevant by the Department; 28 (11) submits to the Department, on a quarterly 29 basis, the FEC's morbidity and mortality rates for 30 patients treated at the FEC and other data determined to 31 be relevant by the Department; 32 (12) does not describe itself or hold itself out to 33 the general public as a full service hospital or hospital 34 emergency department in its advertising or marketing HB2026 Engrossed -3- LRB9100703JSpcB 1 activities; 2 (13) complies with any other rules adopted by the 3 Department under this Act that relate to FECs; 4 (14) passes the Department's site inspection for 5 compliance with the FEC requirements of this Act; 6 (15) submits a copy of a certificate of need or 7 other permit issued by the Illinois Health Facilities 8 Planning Board indicating that the facility that will 9 house the proposed FEC complies with State health 10 planning laws; provided, however, that the Illinois 11 Health Facilities Planning Board shall waive this 12 certificate of need or permit requirement for any 13 proposed FEC that, as of the effective date of this 14 amendatory Act of 1996, meets the criteria for providing 15 comprehensive emergency treatment services, as defined by 16 the rules promulgated under the Hospital Licensing Act, 17 but is not a licensed hospital; 18 (16) submits an application for designation as an 19 FEC in a manner and form prescribed by the Department by 20 rule; and 21 (17) pays the annual license fee as determined by 22 the Department by rule. 23 (b) The Department shall: 24 (1) annually inspect facilities of initial FEC 25 applicants and licensed FECs, and issue annual licenses 26 to or annually relicense FECs that satisfy the 27 Department's licensure requirements as set forth in 28 subsection (a); 29 (2) suspend, revoke, refuse to issue, or refuse to 30 renew the license of any FEC, after notice and an 31 opportunity for a hearing, when the Department finds that 32 the FEC has failed to comply with the standards and 33 requirements of the Act or rules adopted by the 34 Department under the Act; HB2026 Engrossed -4- LRB9100703JSpcB 1 (3) issue an Emergency Suspension Order for any FEC 2 when the Director or his or her designee has determined 3 that the continued operation of the FEC poses an 4 immediate and serious danger to the public health, 5 safety, and welfare. An opportunity for a hearing shall 6 be promptly initiated after an Emergency Suspension Order 7 has been issued; and 8 (4) adopt rules as needed to implement this 9 Section. 10 (c) The FEC demonstration program shall be conducted for 11 an initial review period concluding on September 1, 2001199912. If, by that date, the Department determines that the 13 demonstration program is operating in a manner consistent 14 with the purposes of this Act, the program shall continue and 15 sunset on September 1, 20032001. The Department shall 16 submit a report concerning the effectiveness of the 17 demonstration program to the General Assembly by September 1, 18 20022000. 19 An FEC license issued pursuant to this Section shall 20 expire upon the termination of the demonstration program. 21 (Source: P.A. 89-516, eff. 7-18-96; 90-67, eff. 7-8-97.) 22 Section 99. Effective date. This Act takes effect upon 23 becoming law.