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| Public Act 097-0667 | ||||
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AN ACT concerning health facilities.
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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 Services (EMS) Systems Act | ||||
is amended by changing Section 3.190 as follows:
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(210 ILCS 50/3.190)
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Sec. 3.190. Emergency Department Classifications. The | ||||
Department shall have the authority and
responsibility to:
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(a) Establish criteria for classifying the
emergency | ||||
departments of all hospitals within the State as
Comprehensive, | ||||
Basic, or Standby. In establishing such
criteria, the | ||||
Department may consult with the Illinois
Hospital Licensing | ||||
Board and incorporate by reference all
or part of existing | ||||
standards adopted as rules pursuant to
the Hospital Licensing | ||||
Act or Emergency Medical Treatment
Act;
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(b) Classify the emergency departments of all
hospitals | ||||
within the State in accordance with this Section;
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(c) Annually publish, and distribute to all EMS
Systems, a | ||||
list reflecting the classification of all
emergency | ||||
departments.
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(d) For the purposes of paragraphs (a) and (b) of this | ||||
Section, long-term acute care hospitals, as defined under the | ||||
Hospital Emergency Service Act, are not required to provide | ||||
hospital emergency services and shall be classified as not | ||
available. | ||
(Source: P.A. 89-177, eff. 7-19-95.)
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Section 10. The Hospital Emergency Service Act is amended | ||
by changing Section 1 and adding Section 1.3 as follows:
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(210 ILCS 80/1) (from Ch. 111 1/2, par. 86)
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Sec. 1.
Every hospital required to be licensed by the | ||
Department of Public
Health pursuant to the Hospital Licensing | ||
Act which provides general medical
and surgical
hospital | ||
services, except long-term acute care hospitals identified in | ||
Section 1.3 of this Act, shall provide a hospital emergency | ||
service in accordance
with rules and regulations adopted by the | ||
Department of Public Health and
shall furnish such hospital | ||
emergency services to any applicant who applies
for the same in | ||
case of injury or acute medical condition where the same is
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liable to cause death or severe injury or serious illness.
For | ||
purposes of this Act, "applicant" includes any person who is | ||
brought
to a hospital by ambulance or specialized emergency | ||
medical services
vehicle as defined in the Emergency Medical | ||
Services (EMS) Systems Act.
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(Source: P.A. 86-1461.)
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(210 ILCS 80/1.3 new) | ||
Sec. 1.3. Long-term acute care hospitals. For the purpose | ||
of this Act, general acute care hospitals designated by | ||
Medicare as long-term acute care hospitals are not required to | ||
provide hospital emergency services described in Section 1 of | ||
this Act. Hospitals defined in this Section may provide | ||
hospital emergency services at their option. | ||
Any hospital defined in this Section that opts to | ||
discontinue emergency services described in Section 1 shall: | ||
(1) comply with all provisions of the federal Emergency | ||
Medical Treatment & Labor Act (EMTALA); | ||
(2) comply with all provisions required under the | ||
Social Security Act; | ||
(3) provide annual notice to communities in the | ||
hospital's service area about available emergency medical | ||
services; and | ||
(4) make educational materials available to | ||
individuals who are present at the hospital concerning the | ||
availability of medical services within the hospital's | ||
service area. | ||
Long-term acute care hospitals that operate standby | ||
emergency services as of January 1, 2011 may discontinue | ||
hospital emergency services by notifying the Department of | ||
Public Health. Long-term acute care hospitals that operate | ||
basic or comprehensive emergency services must notify the | ||
Health Facilities and Services Review Board and follow the | ||
appropriate procedures. | ||
Section 15. The Long Term Acute Care Hospital Quality | ||
Improvement Transfer Program Act is amended by changing Section | ||
10 as follows: | ||
(210 ILCS 155/10)
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Sec. 10. Definitions. As used in this Act: | ||
(a) "CARE tool" means the Continuity and Record Evaluation | ||
(CARE) tool. It is a patient assessment instrument that has | ||
been developed to document the medical, cognitive, functional, | ||
and discharge status of persons receiving health care services | ||
in acute and post-acute care settings. The data collected is | ||
able to document provider-level quality of care (patient | ||
outcomes) and characterize the clinical complexity of | ||
patients. | ||
(b) "Department" means the Illinois Department of | ||
Healthcare and Family Services. | ||
(c) "Discharge" means the release of a patient from | ||
hospital care for any discharge disposition other than a leave | ||
of absence, even if for Medicare payment purposes the discharge | ||
fits the definition of an interrupted stay.
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(d) "FTE" means "full-time equivalent" or a person or | ||
persons employed in one full-time position. | ||
(e) "Hospital" means an institution, place, building, or | ||
agency located in this State that is licensed as a general | ||
acute hospital by the Illinois Department of Public Health | ||
under the Hospital Licensing Act, whether public or private and | ||
whether organized for profit or not-for-profit. | ||
(f) "ICU" means intensive care unit. | ||
(g) "LTAC hospital" means a hospital that is designated by | ||
Medicare as a long term acute care hospital as described in | ||
Section 1886(d)(1)(B)(iv)(I) of the Social Security Act and has | ||
an average length of Medicaid inpatient stay greater than 25 | ||
days as reported on the hospital's 2008 Medicaid cost report on | ||
file as of February 15, 2010, or a hospital that begins | ||
operations after January 1, 2009 2010 and is designated by | ||
Medicare as a long term acute care hospital. | ||
(h) "LTAC hospital criteria" means nationally recognized | ||
evidence-based evaluation criteria that have been publicly | ||
tested and includes criteria specific to an LTAC hospital for | ||
admission, continuing stay, and discharge. The criteria cannot | ||
include criteria derived or developed by or for a specific | ||
hospital or group of hospitals. Criteria and tools developed by | ||
hospitals or hospital associations or hospital-owned | ||
organizations are not acceptable and do not meet the | ||
requirements of this subsection. | ||
(i) "Patient" means an individual who is admitted to a | ||
hospital for an inpatient stay. | ||
(j) "Program" means the Long Term Acute Care Hospital | ||
Quality Improvement Transfer Program established by this Act. | ||
(k) "STAC hospital" means a hospital that is not an LTAC | ||
hospital as defined in this Act or a psychiatric hospital or a | ||
rehabilitation hospital.
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(Source: P.A. 96-1130, eff. 7-20-10.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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