Public Act 097-0667
 
SB1377 EnrolledLRB097 06773 RPM 46863 b

    AN ACT concerning health facilities.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Emergency Medical Services (EMS) Systems Act
is amended by changing Section 3.190 as follows:
 
    (210 ILCS 50/3.190)
    Sec. 3.190. Emergency Department Classifications. The
Department shall have the authority and responsibility to:
    (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;
    (b) Classify the emergency departments of all hospitals
within the State in accordance with this Section;
    (c) Annually publish, and distribute to all EMS Systems, a
list reflecting the classification of all emergency
departments.
    (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.)
 
    Section 10. The Hospital Emergency Service Act is amended
by changing Section 1 and adding Section 1.3 as follows:
 
    (210 ILCS 80/1)  (from Ch. 111 1/2, par. 86)
    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
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.
(Source: P.A. 86-1461.)
 
    (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)
    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.
    (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.
(Source: P.A. 96-1130, eff. 7-20-10.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.