101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3451

 

Introduced 2/14/2020, by Sen. Antonio Muņoz

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 50/3.20

    Amends the Emergency Medical Services (EMS) Systems Act. Allows EMS System providers to transport patients to alternate health care facilities that are licensed under the Hospital Licensing Act or a State licensing agency. Provides that the Department of Public Health shall adopt rules implementing the amendatory Act's provisions, including the types of licensed alternate health care facilities that may participate in an EMS System and the limitations of participation. Requires the EMS System providers to agree to comply with all Department administrative rules implementing the amendatory Act's provisions. Provides that EMS Service providers who transport patients under the amendatory Act's provisions shall be reimbursed by the Department of Healthcare and Family Services under a provision of the Illinois Public Aid Code. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Emergency Medical Services (EMS) Systems Act
5is amended by changing Section 3.20 as follows:
 
6    (210 ILCS 50/3.20)
7    Sec. 3.20. Emergency Medical Services (EMS) Systems.
8    (a) "Emergency Medical Services (EMS) System" means an
9organization of hospitals, vehicle service providers and
10personnel approved by the Department in a specific geographic
11area, which coordinates and provides pre-hospital and
12inter-hospital emergency care and non-emergency medical
13transports at a BLS, ILS and/or ALS level pursuant to a System
14program plan submitted to and approved by the Department, and
15pursuant to the EMS Region Plan adopted for the EMS Region in
16which the System is located.
17    (b) One hospital in each System program plan must be
18designated as the Resource Hospital. All other hospitals which
19are located within the geographic boundaries of a System and
20which have standby, basic or comprehensive level emergency
21departments must function in that EMS System as either an
22Associate Hospital or Participating Hospital and follow all
23System policies specified in the System Program Plan, including

 

 

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1but not limited to the replacement of drugs and equipment used
2by providers who have delivered patients to their emergency
3departments. All hospitals and vehicle service providers
4participating in an EMS System must specify their level of
5participation in the System Program Plan.
6    (c) The Department shall have the authority and
7responsibility to:
8        (1) Approve BLS, ILS and ALS level EMS Systems which
9    meet minimum standards and criteria established in rules
10    adopted by the Department pursuant to this Act, including
11    the submission of a Program Plan for Department approval.
12    Beginning September 1, 1997, the Department shall approve
13    the development of a new EMS System only when a local or
14    regional need for establishing such System has been
15    verified by the Department. This shall not be construed as
16    a needs assessment for health planning or other purposes
17    outside of this Act. Following Department approval, EMS
18    Systems must be fully operational within one year from the
19    date of approval.
20        (2) Monitor EMS Systems, based on minimum standards for
21    continuing operation as prescribed in rules adopted by the
22    Department pursuant to this Act, which shall include
23    requirements for submitting Program Plan amendments to the
24    Department for approval.
25        (3) Renew EMS System approvals every 4 years, after an
26    inspection, based on compliance with the standards for

 

 

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1    continuing operation prescribed in rules adopted by the
2    Department pursuant to this Act.
3        (4) Suspend, revoke, or refuse to renew approval of any
4    EMS System, after providing an opportunity for a hearing,
5    when findings show that it does not meet the minimum
6    standards for continuing operation as prescribed by the
7    Department, or is found to be in violation of its
8    previously approved Program Plan.
9        (5) Require each EMS System to adopt written protocols
10    for the bypassing of or diversion to any hospital, trauma
11    center or regional trauma center, which provide that a
12    person shall not be transported to a facility other than
13    the nearest hospital, regional trauma center or trauma
14    center unless the medical benefits to the patient
15    reasonably expected from the provision of appropriate
16    medical treatment at a more distant facility outweigh the
17    increased risks to the patient from transport to the more
18    distant facility, or the transport is in accordance with
19    the System's protocols for patient choice or refusal.
20        (6) Require that the EMS Medical Director of an ILS or
21    ALS level EMS System be a physician licensed to practice
22    medicine in all of its branches in Illinois, and certified
23    by the American Board of Emergency Medicine or the American
24    Osteopathic Board of Emergency Medicine, and that the EMS
25    Medical Director of a BLS level EMS System be a physician
26    licensed to practice medicine in all of its branches in

 

 

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1    Illinois, with regular and frequent involvement in
2    pre-hospital emergency medical services. In addition, all
3    EMS Medical Directors shall:
4            (A) Have experience on an EMS vehicle at the
5        highest level available within the System, or make
6        provision to gain such experience within 12 months
7        prior to the date responsibility for the System is
8        assumed or within 90 days after assuming the position;
9            (B) Be thoroughly knowledgeable of all skills
10        included in the scope of practices of all levels of EMS
11        personnel within the System;
12            (C) Have or make provision to gain experience
13        instructing students at a level similar to that of the
14        levels of EMS personnel within the System; and
15            (D) For ILS and ALS EMS Medical Directors,
16        successfully complete a Department-approved EMS
17        Medical Director's Course.
18        (7) Prescribe statewide EMS data elements to be
19    collected and documented by providers in all EMS Systems
20    for all emergency and non-emergency medical services, with
21    a one-year phase-in for commencing collection of such data
22    elements.
23        (8) Define, through rules adopted pursuant to this Act,
24    the terms "Resource Hospital", "Associate Hospital",
25    "Participating Hospital", "Basic Emergency Department",
26    "Standby Emergency Department", "Comprehensive Emergency

 

 

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1    Department", "EMS Medical Director", "EMS Administrative
2    Director", and "EMS System Coordinator".
3            (A) (Blank).
4            (B) (Blank).
5        (9) Investigate the circumstances that caused a
6    hospital in an EMS system to go on bypass status to
7    determine whether that hospital's decision to go on bypass
8    status was reasonable. The Department may impose
9    sanctions, as set forth in Section 3.140 of the Act, upon a
10    Department determination that the hospital unreasonably
11    went on bypass status in violation of the Act.
12        (10) Evaluate the capacity and performance of any
13    freestanding emergency center established under Section
14    32.5 of this Act in meeting emergency medical service needs
15    of the public, including compliance with applicable
16    emergency medical standards and assurance of the
17    availability of and immediate access to the highest quality
18    of medical care possible.
19        (11) Permit limited EMS System participation by
20    facilities operated by the United States Department of
21    Veterans Affairs, Veterans Health Administration. Subject
22    to patient preference, Illinois EMS providers may
23    transport patients to Veterans Health Administration
24    facilities that voluntarily participate in an EMS System.
25    Any Veterans Health Administration facility seeking
26    limited participation in an EMS System shall agree to

 

 

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1    comply with all Department administrative rules
2    implementing this Section. The Department may promulgate
3    rules, including, but not limited to, the types of Veterans
4    Health Administration facilities that may participate in
5    an EMS System and the limitations of participation.
6        (12) Ensure that EMS systems are transporting pregnant
7    women to the appropriate facilities based on the
8    classification of the levels of maternal care described
9    under subsection (a) of Section 2310-223 of the Department
10    of Public Health Powers and Duties Law of the Civil
11    Administrative Code of Illinois.
12        (13) Permit EMS System providers to transport patients
13    to alternate health care facilities that are licensed under
14    the Hospital Licensing Act or a State licensing agency, as
15    outlined in the EMS System plan. The Department shall adopt
16    rules implementing this paragraph, including, but not
17    limited to, the types of licensed alternate health care
18    facilities that may participate in an EMS System and the
19    limitations of participation. The EMS System providers
20    shall agree to comply with all Department administrative
21    rules implementing this Section. EMS Service providers who
22    transport patients under this paragraph shall be
23    reimbursed by the Department of Healthcare and Family
24    Services under Section 5-4.2 of the Illinois Public Aid
25    Code.
26(Source: P.A. 101-447, eff. 8-23-19.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.