Illinois General Assembly - Full Text of Public Act 101-0447
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Public Act 101-0447


Public Act 0447 101ST GENERAL ASSEMBLY



Public Act 101-0447
HB0005 EnrolledLRB101 04078 CPF 49086 b

    AN ACT concerning health.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Department of Human Services Act is amended
by changing Section 10-15 as follows:
    (20 ILCS 1305/10-15)
    Sec. 10-15. Pregnant women with a substance use disorder.
The Department shall develop guidelines for use in non-hospital
residential care facilities for pregnant women who have a
substance use disorder with respect to the care of those
    The Department shall administer infant mortality and
prenatal programs, through its provider agencies, to develop
special programs for case finding and service coordination for
pregnant women who have a substance use disorder.
    The Department shall ensure access to substance use
disorder services statewide for pregnant and postpartum women,
and ensure that programs are gender-responsive, are
trauma-informed, serve women and young children, and
prioritize justice-involved pregnant and postpartum women.
(Source: P.A. 100-759, eff. 1-1-19.)
    Section 10. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by adding Section 2310-223 as follows:
    (20 ILCS 2310/2310-223 new)
    Sec. 2310-223. Maternal care.
    (a) The Department shall establish a classification system
for the following levels of maternal care:
        (1) basic care: care of uncomplicated pregnancies with
    the ability to detect, stabilize, and initiate management
    of unanticipated maternal-fetal or neonatal problems that
    occur during the antepartum, intrapartum, or postpartum
    period until the patient can be transferred to a facility
    at which specialty maternal care is available;
        (2) specialty care: basic care plus care of appropriate
    high-risk antepartum, intrapartum, or postpartum
    conditions, both directly admitted and transferred to
    another facility;
        (3) subspecialty care: specialty care plus care of more
    complex maternal medical conditions, obstetric
    complications, and fetal conditions; and
        (4) regional perinatal health care: subspecialty care
    plus on-site medical and surgical care of the most complex
    maternal conditions, critically ill pregnant women, and
    fetuses throughout antepartum, intrapartum, and postpartum
    (b) The Department shall:
        (1) introduce uniform designations for levels of
    maternal care that are complimentary but distinct from
    levels of neonatal care;
        (2) establish clear, uniform criteria for designation
    of maternal centers that are integrated with emergency
    response systems to help ensure that the appropriate
    personnel, physical space, equipment, and technology are
    available to achieve optimal outcomes, as well as to
    facilitate subsequent data collection regarding
    risk-appropriate care;
        (3) require each health care facility to have a clear
    understanding of its capability to handle increasingly
    complex levels of maternal care, and to have a well-defined
    threshold for transferring women to health care facilities
    that offer a higher level of care; to ensure optimal care
    of all pregnant women, the Department shall require all
    birth centers, hospitals, and higher-level facilities to
    collaborate in order to develop and maintain maternal and
    neonatal transport plans and cooperative agreements
    capable of managing the health care needs of women who
    develop complications; the Department shall require that
    receiving hospitals openly accept transfers;
        (4) require higher-level facilities to provide
    training for quality improvement initiatives, educational
    support, and severe morbidity and mortality case review for
    lower-level hospitals; the Department shall ensure that,
    in those regions that do not have a facility that qualifies
    as a regional perinatal health care facility, any specialty
    care facility in the region will provide the educational
    and consultation function;
        (5) require facilities and regional systems to develop
    methods to track severe maternal morbidity and mortality to
    assess the efficacy of utilizing maternal levels of care;
        (6) analyze data collected from all facilities and
    regional systems in order to inform future updates to the
    levels of maternal care;
        (7) require follow-up interdisciplinary work groups to
    further explore the implementation needs that are
    necessary to adopt the proposed classification system for
    levels of maternal care in all facilities that provide
    maternal care;
        (8) disseminate data and materials to raise public
    awareness about the importance of prenatal care and
    maternal health;
        (9) engage the Illinois Chapter of the American Academy
    of Pediatrics in creating a quality improvement initiative
    to expand efforts of pediatricians conducting postpartum
    depression screening at well baby visits during the first
    year of life; and
        (10) adopt rules in accordance with the Illinois
    Administrative Procedure Act to implement this subsection.
    Section 15. The Emergency Medical Services (EMS) Systems
Act is amended by changing Section 3.20 as follows:
    (210 ILCS 50/3.20)
    Sec. 3.20. Emergency Medical Services (EMS) Systems.
    (a) "Emergency Medical Services (EMS) System" means an
organization of hospitals, vehicle service providers and
personnel approved by the Department in a specific geographic
area, which coordinates and provides pre-hospital and
inter-hospital emergency care and non-emergency medical
transports at a BLS, ILS and/or ALS level pursuant to a System
program plan submitted to and approved by the Department, and
pursuant to the EMS Region Plan adopted for the EMS Region in
which the System is located.
    (b) One hospital in each System program plan must be
designated as the Resource Hospital. All other hospitals which
are located within the geographic boundaries of a System and
which have standby, basic or comprehensive level emergency
departments must function in that EMS System as either an
Associate Hospital or Participating Hospital and follow all
System policies specified in the System Program Plan, including
but not limited to the replacement of drugs and equipment used
by providers who have delivered patients to their emergency
departments. All hospitals and vehicle service providers
participating in an EMS System must specify their level of
participation in the System Program Plan.
    (c) The Department shall have the authority and
responsibility to:
        (1) Approve BLS, ILS and ALS level EMS Systems which
    meet minimum standards and criteria established in rules
    adopted by the Department pursuant to this Act, including
    the submission of a Program Plan for Department approval.
    Beginning September 1, 1997, the Department shall approve
    the development of a new EMS System only when a local or
    regional need for establishing such System has been
    verified by the Department. This shall not be construed as
    a needs assessment for health planning or other purposes
    outside of this Act. Following Department approval, EMS
    Systems must be fully operational within one year from the
    date of approval.
        (2) Monitor EMS Systems, based on minimum standards for
    continuing operation as prescribed in rules adopted by the
    Department pursuant to this Act, which shall include
    requirements for submitting Program Plan amendments to the
    Department for approval.
        (3) Renew EMS System approvals every 4 years, after an
    inspection, based on compliance with the standards for
    continuing operation prescribed in rules adopted by the
    Department pursuant to this Act.
        (4) Suspend, revoke, or refuse to renew approval of any
    EMS System, after providing an opportunity for a hearing,
    when findings show that it does not meet the minimum
    standards for continuing operation as prescribed by the
    Department, or is found to be in violation of its
    previously approved Program Plan.
        (5) Require each EMS System to adopt written protocols
    for the bypassing of or diversion to any hospital, trauma
    center or regional trauma center, which provide that a
    person shall not be transported to a facility other than
    the nearest hospital, regional trauma center or trauma
    center unless the medical benefits to the patient
    reasonably expected from the provision of appropriate
    medical treatment at a more distant facility outweigh the
    increased risks to the patient from transport to the more
    distant facility, or the transport is in accordance with
    the System's protocols for patient choice or refusal.
        (6) Require that the EMS Medical Director of an ILS or
    ALS level EMS System be a physician licensed to practice
    medicine in all of its branches in Illinois, and certified
    by the American Board of Emergency Medicine or the American
    Osteopathic Board of Emergency Medicine, and that the EMS
    Medical Director of a BLS level EMS System be a physician
    licensed to practice medicine in all of its branches in
    Illinois, with regular and frequent involvement in
    pre-hospital emergency medical services. In addition, all
    EMS Medical Directors shall:
            (A) Have experience on an EMS vehicle at the
        highest level available within the System, or make
        provision to gain such experience within 12 months
        prior to the date responsibility for the System is
        assumed or within 90 days after assuming the position;
            (B) Be thoroughly knowledgeable of all skills
        included in the scope of practices of all levels of EMS
        personnel within the System;
            (C) Have or make provision to gain experience
        instructing students at a level similar to that of the
        levels of EMS personnel within the System; and
            (D) For ILS and ALS EMS Medical Directors,
        successfully complete a Department-approved EMS
        Medical Director's Course.
        (7) Prescribe statewide EMS data elements to be
    collected and documented by providers in all EMS Systems
    for all emergency and non-emergency medical services, with
    a one-year phase-in for commencing collection of such data
        (8) Define, through rules adopted pursuant to this Act,
    the terms "Resource Hospital", "Associate Hospital",
    "Participating Hospital", "Basic Emergency Department",
    "Standby Emergency Department", "Comprehensive Emergency
    Department", "EMS Medical Director", "EMS Administrative
    Director", and "EMS System Coordinator".
            (A) (Blank).
            (B) (Blank).
        (9) Investigate the circumstances that caused a
    hospital in an EMS system to go on bypass status to
    determine whether that hospital's decision to go on bypass
    status was reasonable. The Department may impose
    sanctions, as set forth in Section 3.140 of the Act, upon a
    Department determination that the hospital unreasonably
    went on bypass status in violation of the Act.
        (10) Evaluate the capacity and performance of any
    freestanding emergency center established under Section
    32.5 of this Act in meeting emergency medical service needs
    of the public, including compliance with applicable
    emergency medical standards and assurance of the
    availability of and immediate access to the highest quality
    of medical care possible.
        (11) Permit limited EMS System participation by
    facilities operated by the United States Department of
    Veterans Affairs, Veterans Health Administration. Subject
    to patient preference, Illinois EMS providers may
    transport patients to Veterans Health Administration
    facilities that voluntarily participate in an EMS System.
    Any Veterans Health Administration facility seeking
    limited participation in an EMS System shall agree to
    comply with all Department administrative rules
    implementing this Section. The Department may promulgate
    rules, including, but not limited to, the types of Veterans
    Health Administration facilities that may participate in
    an EMS System and the limitations of participation.
        (12) Ensure that EMS systems are transporting pregnant
    women to the appropriate facilities based on the
    classification of the levels of maternal care described
    under subsection (a) of Section 2310-223 of the Department
    of Public Health Powers and Duties Law of the Civil
    Administrative Code of Illinois.
(Source: P.A. 97-333, eff. 8-12-11; 98-973, eff. 8-15-14.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/23/2019