093_SB0460sam001 LRB093 03659 AMC 12257 a 1 AMENDMENT TO SENATE BILL 460 2 AMENDMENT NO. . Amend Senate Bill 460 by replacing 3 everything after the enacting clause with the following: 4 "Section 5. The Department of Public Health Powers and 5 Duties Law of the Civil Administrative Code of Illinois is 6 amended by adding Section 2310-543 as follows: 7 (20 ILCS 2310/2310-543 new) 8 Sec. 2310-543. Information regarding health care 9 services. With funds made available for this purpose, the 10 Department may, in conjunction with other programs or 11 activities related to accessing medical care, develop and 12 provide to the public and health care patients information 13 regarding the categories or types of health care services 14 available and their appropriate use, paying particular 15 attention to seeking care in hospital emergency departments. 16 Section 10. The Emergency Medical Treatment Act is 17 amended by changing Section 2 as follows: 18 (210 ILCS 70/2 new) 19 Sec. 2. Findings; prohibited terms. 20 (a) The Illinois General Assembly makes all of the -2- LRB093 03659 AMC 12257 a 1 following findings: 2 (1) Hospital emergency services are not always the 3 most appropriate level of care for patients seeking 4 unscheduled medical care or for patients who do not have 5 a regular physician who can treat a significant or acute 6 medical condition not considered critical, debilitating, 7 or life-threatening. 8 (2) Hospital emergency rooms are over-utilized and 9 too often over-burdened with many injuries or illnesses 10 that could be managed in a less intensive clinical 11 setting or physician's office. 12 (3) Over-utilization of hospital emergency 13 departments contributes to excess medical and health 14 insurance costs. 15 (4) The use of the term "urgent" or "emergi-" or a 16 similar term in a facility's posted or advertised name 17 may confuse the public and prospective patients regarding 18 the type of services offered relative to those provided 19 by a hospital emergency department. There is significant 20 risk to the public health and safety if persons requiring 21 treatment for a critical or life-threatening condition 22 inappropriately use such facilities. 23 (5) Many times patients are not clearly aware of 24 the policies and procedures of their insurer or health 25 plan that must be followed in the use of emergency rooms 26 versus non-emergent clinics and what rights they have 27 under the law in regard to appropriately sought emergency 28 care. 29 (6) There is a need to more effectively educate 30 health care payers and consumers about the most 31 appropriate use of the various available levels of 32 medical care and particularly the use of hospital 33 emergency rooms and walk-in medical clinics that do not 34 require appointments. -3- LRB093 03659 AMC 12257 a 1 (b) After the effective date of this amendatory Act of 2 the 93rd General Assembly, no person, facility, or entity 3 shall hold itself out to the public as an "urgent", "urgi-", 4 "emergi-", or "emergent" care center or use any similar term, 5 as defined by rule, that would give the impression that 6 emergency medical treatment is provided by the person or 7 entity or at the facility unless the facility is the 8 emergency room of a facility licensed as a hospital under the 9 Hospital Licensing Act or a facility licensed as a 10 freestanding emergency center under the Emergency Medical 11 Services (EMS) Systems Act. 12 (c) Violation of this Section constitutes a business 13 offense with a minimum fine of $5,000 plus $1,000 per day for 14 a continuing violation, with a maximum of $25,000. 15 (d) The Director of Public Health in the name of the 16 people of the State, through the Attorney General, may bring 17 an action for an injunction or to restrain a violation of 18 this Section or the rules adopted pursuant to this Section or 19 to enjoin the future operation or maintenance of any facility 20 in violation of this Section or the rules adopted pursuant to 21 this Section. 22 (e) The Department of Public Health shall adopt rules 23 necessary for the implementation of this Section. 24 Section 15. The Managed Care Reform and Patient Rights 25 Act is amended by adding Section 43 as follows: 26 (215 ILCS 134/43 new) 27 Sec. 43. Utilization of health care facilities. 28 (a) A health care plan must provide its enrollees with 29 clear information about their rights and responsibilities in 30 obtaining referrals to and making appropriate use of health 31 care facilities when access to their primary care physician 32 is not readily available. -4- LRB093 03659 AMC 12257 a 1 (b) Nothing in this Section is intended to affect the 2 rights of enrollees or relieve a health care plan of its 3 responsibilities with respect to the provision of and 4 coverage of emergency services or treatment of an emergency 5 medical condition, as those terms are defined by this Act, 6 and as those responsibilities and rights are otherwise 7 provided under this Act, especially Section 65 of this Act. 8 Section 99. Effective date. This Act takes effect upon 9 becoming law.".