Rep. Frank J. Mautino
Filed: 10/19/2015
 
 

 

 

 
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1
AMENDMENT TO SENATE BILL 1381




2    AMENDMENT NO. ______. Amend Senate Bill 1381 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Emergency Medical Services (EMS) Systems 
5Act is amended  by changing Section 32.5 as follows:
 



6    (210 ILCS 50/32.5)



7    Sec. 32.5. Freestanding Emergency Center. 

8    (a) The Department shall issue an annual Freestanding 
9Emergency Center (FEC)
license to any facility that has 
10received a permit from the Health Facilities and Services 
11Review Board to establish a Freestanding Emergency Center by 
12January 1, 2015, and:


13        (1) is located: (A) in a municipality with
a population

14    of 50,000 or fewer inhabitants; (B) within 50 miles of the

15    hospital that owns or controls the FEC; and (C) within 50 
16    miles of the Resource
Hospital affiliated with the FEC as 
 
 
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1    part of the EMS System;


2        (2) is wholly owned or controlled by an Associate or 
3    Resource Hospital,
but is not a part of the hospital's 
4    physical plant;


5        (3) meets the standards for licensed FECs, adopted by 
6    rule of the
Department, including, but not limited to:


7            (A) facility design, specification, operation, and 
8        maintenance
standards;


9            (B) equipment standards; and


10            (C) the number and qualifications of emergency 
11        medical personnel and
other staff, which must include 
12        at least one board certified emergency
physician 
13        present at the FEC 24 hours per day.


14        (4) limits its participation in the EMS System strictly 
15    to receiving a
limited number of BLS runs by emergency 
16    medical vehicles according to protocols
developed by the 
17    Resource Hospital within the FEC's
designated EMS System 
18    and approved by the Project Medical Director and the

19    Department;


20        (5) provides comprehensive emergency treatment 
21    services, as defined in the
rules adopted by the Department 
22    pursuant to the Hospital Licensing Act, 24
hours per day, 
23    on an outpatient basis;


24        (6) provides an ambulance and
maintains on site 
25    ambulance services staffed with paramedics 24 hours per 
26    day;


 
 
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1        (7) (blank);


2        (8) complies with all State and federal patient rights 
3    provisions,
including, but not limited to, the Emergency 
4    Medical Treatment Act and the
federal Emergency
Medical 
5    Treatment and Active Labor Act;


6        (9) maintains a communications system that is fully 
7    integrated with
its Resource Hospital within the FEC's 
8    designated EMS System;


9        (10) reports to the Department any patient transfers 
10    from the FEC to a
hospital within 48 hours of the transfer 
11    plus any other
data
determined to be relevant by the 
12    Department;


13        (11) submits to the Department, on a quarterly basis, 
14    the FEC's morbidity
and mortality rates for patients 
15    treated at the FEC and other data determined
to be relevant 
16    by the Department;


17        (12) does not describe itself or hold itself out to the 
18    general public as
a full service hospital or hospital 
19    emergency department in its advertising or
marketing

20    activities;


21        (13) complies with any other rules adopted by the

22    Department
under this Act that relate to FECs;


23        (14) passes the Department's site inspection for 
24    compliance with the FEC
requirements of this Act;


25        (15) submits a copy of the permit issued by
the Health 
26    Facilities and Services Review Board indicating that the 
 
 
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1    facility has complied with the Illinois Health Facilities 
2    Planning Act with respect to the health services to be 
3    provided at the facility;


4        (16) submits an application for designation as an FEC 
5    in a manner and form
prescribed by the Department by rule; 
6    and



7        (17) pays the annual license fee as determined by the 
8    Department by
rule.

9    (a-5) Notwithstanding any other provision of this Section, 
10the Department may issue an annual FEC license to a facility 
11that is located in a county that does not have a licensed 
12general acute care hospital if the facility's application for a 
13permit from the Illinois Health Facilities Planning Board has 
14been deemed complete by the Department of Public Health by 
15January 1, 2014 and if the facility complies with the 
16requirements set forth in paragraphs (1) through (17) of 
17subsection (a). 
18    (a-10) Notwithstanding any other provision of this 
19Section, the Department may issue an annual FEC license to a 
20facility if the facility has, by January 1, 2014, filed a 
21letter of intent to establish an FEC and if the facility 
22complies with the requirements set forth in paragraphs (1) 
23through (17) of subsection (a). 
24    (a-15) Notwithstanding any other provision of this 
25Section, the Department shall issue an annual FEC license to a 
26facility if the facility (i) is located in a municipality that 
 
 
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1had a hospital that discontinued operation as a hospital within 
2the 12 months prior to the facility's initial application for 
3an FEC license, (ii) has an application for a permit to 
4establish an FEC from the Health Facilities and Services Review 
5Board that is deemed complete by January 1, 2018, and (iii) 
6complies with the requirements set forth in paragraphs (1) 
7through (17) of subsection (a).
8    (b) The Department shall:


9        (1) annually inspect facilities of initial FEC 
10    applicants and licensed
FECs, and issue
annual licenses to 
11    or annually relicense FECs that
satisfy the Department's 
12    licensure requirements as set forth in subsection (a);


13        (2) suspend, revoke, refuse to issue, or refuse to 
14    renew the license of
any
FEC, after notice and an 
15    opportunity for a hearing, when the Department finds
that 
16    the FEC has failed to comply with the standards and 
17    requirements of the
Act or rules adopted by the Department 
18    under the
Act;


19        (3) issue an Emergency Suspension Order for any FEC 
20    when the
Director or his or her designee has determined 
21    that the continued operation of
the FEC poses an immediate 
22    and serious danger to
the public health, safety, and 
23    welfare.
An opportunity for a
hearing shall be promptly 
24    initiated after an Emergency Suspension Order has
been 
25    issued; and


26        (4) adopt rules as needed to implement this Section.

 
 
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1(Source: P.A. 96-23, eff. 6-30-09; 96-31, eff. 6-30-09; 96-883, 
2eff. 3-1-10; 96-1000, eff. 7-2-10; 97-333, eff. 8-12-11; 
397-1112, eff. 8-27-12.)

 

4    Section 99. Effective date. This Act takes effect upon 
5becoming law.".