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| Public Act 098-0977 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Emergency Medical Treatment Act is amended | ||||
by changing Section 2 as follows:
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(210 ILCS 70/2)
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Sec. 2. Findings; prohibited terms.
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(a) The Illinois General Assembly makes all of the | ||||
following findings:
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(1) Hospital emergency services are not always the most | ||||
appropriate level
of care for patients seeking unscheduled | ||||
medical care or for patients who do
not have a regular | ||||
physician who can treat a significant or acute medical
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condition not considered critical, debilitating, or | ||||
life-threatening.
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(2) Hospital emergency rooms are over-utilized and too | ||||
often over-burdened
with many injuries or illnesses that | ||||
could be managed in a less intensive
clinical setting or | ||||
physician's office.
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(3) Over-utilization of hospital emergency departments | ||||
contributes to
excess medical and health insurance costs.
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(4) The use of the term "urgent" or "emergi-" or a | ||||
similar term in a
facility's posted or advertised name may | ||||
confuse the public and
prospective patients regarding the | ||
type of services offered relative to those
provided by a | ||
hospital emergency department. There is significant risk | ||
to the
public health and safety if persons requiring | ||
treatment for a critical or
life-threatening condition | ||
inappropriately use such facilities.
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(5) Many times patients are not clearly aware of the | ||
policies and
procedures of their insurer or health plan | ||
that must be followed in the use of
emergency rooms versus | ||
non-emergent clinics and what rights they have under the
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law in regard to appropriately sought emergency care.
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(6) There is a need to more effectively educate health | ||
care payers and
consumers about the most appropriate use of | ||
the various available levels of
medical care and | ||
particularly the use of hospital emergency rooms and | ||
walk-in
medical clinics that do not require appointments.
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(b) No After the effective date of this amendatory Act of | ||
the 93rd General
Assembly, no person, facility, or entity shall | ||
hold itself out to the public as
an "urgent", "urgi-", | ||
"emergi-", or "emergent" care center or use any similar
term, | ||
as defined by rule,
that would give the impression
that | ||
emergency medical treatment is
provided by the person or entity | ||
or at the facility unless the facility is the
emergency room of | ||
a
facility licensed as a hospital under the Hospital Licensing | ||
Act or a facility
licensed as a freestanding emergency center | ||
under the Emergency Medical
Services (EMS) Systems Act. This | ||
Section does not prohibit a person, facility, or entity from | ||
holding itself out to the public as an "urgi-" or "urgent" care | ||
center.
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(c) Violation of this Section constitutes a business | ||
offense with a minimum
fine of $5,000 plus $1,000 per day for a | ||
continuing violation, with a maximum
of $25,000.
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(d) The Director of Public Health in the name of the people | ||
of the State,
through the Attorney General, may bring an action | ||
for an injunction or to
restrain
a
violation of this Section or | ||
the rules adopted pursuant to this Section or to
enjoin the | ||
future operation or maintenance of any facility in violation of | ||
this
Section or the rules adopted pursuant to this Section.
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(e) The Department of Public Health shall adopt rules | ||
necessary for the
implementation of this Section.
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(Source: P.A. 93-540, eff. 8-18-03.)
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