SB3506 EngrossedLRB098 19678 RPS 54884 b


  
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 Treatment Act is amended  
5by changing Section 2 as follows:
 



6    (210 ILCS 70/2)



7    Sec. 2. Findings; prohibited terms. 

8    (a) The Illinois General Assembly makes all of the 
9following findings:


10        (1) Hospital emergency services are not always the most 
11    appropriate level
of care for patients seeking unscheduled 
12    medical care or for patients who do
not have a regular 
13    physician who can treat a significant or acute medical

14    condition not considered critical, debilitating, or 
15    life-threatening.


16        (2) Hospital emergency rooms are over-utilized and too 
17    often over-burdened
with many injuries or illnesses that 
18    could be managed in a less intensive
clinical setting or 
19    physician's office.


20        (3) Over-utilization of hospital emergency departments 
21    contributes to
excess medical and health insurance costs.


22        (4) The use of the term "urgent" or "emergi-" or a 
23    similar term in a
facility's posted or advertised name may 
 
 
SB3506 Engrossed- 2 -LRB098 19678 RPS 54884 b

1    confuse the public and
prospective patients regarding the 
2    type of services offered relative to those
provided by a 
3    hospital emergency department.  There is significant risk 
4    to the
public health and safety if persons requiring 
5    treatment for a critical or
life-threatening condition 
6    inappropriately use such facilities.


7        (5) Many times patients are not clearly aware of the 
8    policies and
procedures of their insurer or health plan 
9    that must be followed in the use of
emergency rooms versus 
10    non-emergent clinics and what rights they have under the

11    law in regard to appropriately sought emergency care.


12        (6) There is a need to more effectively educate health 
13    care payers and
consumers about the most appropriate use of 
14    the various available levels of
medical care and 
15    particularly the use of hospital emergency rooms and 
16    walk-in
medical clinics that do not require appointments.

17    (b) No After the effective date of this amendatory Act of 
18the 93rd General
Assembly, no person, facility, or entity shall 
19hold itself out to the public as
an "urgent", "urgi-", 
20"emergi-", or "emergent" care center or use any similar
term, 
21as defined by rule,
that would give the impression
that 
22emergency medical treatment is
provided by the person or entity 
23or at the facility unless the facility is the
emergency room of 
24a
facility licensed as a hospital under the Hospital Licensing 
25Act or a facility
licensed as a freestanding emergency center 
26under the Emergency Medical
Services (EMS) Systems Act. This 
 
 
SB3506 Engrossed- 3 -LRB098 19678 RPS 54884 b

1Section does not prohibit a person, facility, or entity from 
2holding itself out to the public as an "urgi-" or "urgent" care 
3center. 

4    (c) Violation of this Section constitutes a business 
5offense with a minimum
fine of $5,000 plus $1,000 per day for a 
6continuing violation, with a maximum
of $25,000.

7    (d) The Director of Public Health in the name of the people 
8of the State,
through the Attorney General, may bring an action 
9for an injunction or to
restrain
a
violation of this Section or 
10the rules adopted pursuant to this Section or to
enjoin the 
11future operation or maintenance of any facility in violation of 
12this
Section or the rules adopted pursuant to this Section.

13    (e) The Department of Public Health shall adopt rules 
14necessary for the
implementation of this Section.

15(Source: P.A. 93-540, eff. 8-18-03.)