96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5738

 

Introduced 2/9/2010, by Rep. Patricia R. Bellock

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 50/32.5

    Amends the Emergency Medical Services (EMS) Systems Act. Makes technical changes in a Section concerning freestanding emergency centers.


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A BILL FOR

 

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1     AN ACT concerning regulation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Emergency Medical Services (EMS) Systems Act
5 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 The Department shall issue an annual Freestanding
9 Emergency Center (FEC) license to any facility that has
10 received a permit from the Illinois Health Facilities and
11 Services Review Planning Board to establish a Freestanding
12 Emergency Center if the application for the permit has been
13 deemed complete by the Department of Public Health by March 1,
14 2009, and:
15         (1) is located: (A) in a municipality with a population
16     of 75,000 or fewer inhabitants; (B) within 20 miles of the
17     hospital that owns or controls the FEC; and (C) within 20
18     miles of the Resource Hospital affiliated with the FEC as
19     part of the EMS System;
20         (2) is wholly owned or controlled by an Associate or
21     Resource Hospital, but is not a part of the hospital's
22     physical plant;
23         (3) meets the standards for licensed FECs, adopted by

 

 

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1     rule of the Department, including, but not limited to:
2             (A) facility design, specification, operation, and
3         maintenance standards;
4             (B) equipment standards; and
5             (C) the number and qualifications of emergency
6         medical personnel and other staff, which must include
7         at least one board certified emergency physician
8         present at the FEC 24 hours per day.
9         (4) limits its participation in the EMS System strictly
10     to receiving a limited number of BLS runs by emergency
11     medical vehicles according to protocols developed by the
12     Resource Hospital within the FEC's designated EMS System
13     and approved by the Project Medical Director and the
14     Department;
15         (5) provides comprehensive emergency treatment
16     services, as defined in the rules adopted by the Department
17     pursuant to the Hospital Licensing Act, 24 hours per day,
18     on an outpatient basis;
19         (6) provides an ambulance and maintains on site
20     ambulance services staffed with paramedics 24 hours per
21     day;
22         (7) (blank);
23         (8) complies with all State and federal patient rights
24     provisions, including, but not limited to, the Emergency
25     Medical Treatment Act and the federal Emergency Medical
26     Treatment and Active Labor Act;

 

 

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1         (9) maintains a communications system that is fully
2     integrated with its Resource Hospital within the FEC's
3     designated EMS System;
4         (10) reports to the Department any patient transfers
5     from the FEC to a hospital within 48 hours of the transfer
6     plus any other data determined to be relevant by the
7     Department;
8         (11) submits to the Department, on a quarterly basis,
9     the FEC's morbidity and mortality rates for patients
10     treated at the FEC and other data determined to be relevant
11     by the Department;
12         (12) does not describe itself or hold itself out to the
13     general public as a full service hospital or hospital
14     emergency department in its advertising or marketing
15     activities;
16         (13) complies with any other rules adopted by the
17     Department under this Act that relate to FECs;
18         (14) passes the Department's site inspection for
19     compliance with the FEC requirements of this Act;
20         (15) submits a copy of the permit issued by the Health
21     Facilities and Services Review Board indicating that the
22     facility has complied with the Illinois Health Facilities
23     Planning Act with respect to the health services to be
24     provided at the facility;
25         (16) submits an application for designation as an FEC
26     in a manner and form prescribed by the Department by rule;

 

 

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1     and
2         (17) pays the annual license fee as determined by the
3     Department by rule.
4     (b) The Department shall:
5         (1) annually inspect facilities of initial FEC
6     applicants and licensed FECs, and issue annual licenses to
7     or annually relicense FECs that satisfy the Department's
8     licensure requirements as set forth in subsection (a);
9         (2) suspend, revoke, refuse to issue, or refuse to
10     renew the license of any FEC, after notice and an
11     opportunity for a hearing, when the Department finds that
12     the FEC has failed to comply with the standards and
13     requirements of the Act or rules adopted by the Department
14     under the Act;
15         (3) issue an Emergency Suspension Order for any FEC
16     when the Director or his or her designee has determined
17     that the continued operation of the FEC poses an immediate
18     and serious danger to the public health, safety, and
19     welfare. An opportunity for a hearing shall be promptly
20     initiated after an Emergency Suspension Order has been
21     issued; and
22         (4) adopt rules as needed to implement this Section.
23 (Source: P.A. 95-584, eff. 8-31-07; 96-23, eff. 6-30-09; 96-31,
24 eff. 6-30-09; revised 8-20-09.)