Illinois General Assembly - Full Text of HB0581
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Full Text of HB0581  103rd General Assembly



HB0581 EnrolledLRB103 04166 CPF 49172 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 Hospital Emergency Service Act is amended
5by changing Section 1 and by adding Sections 2.1 and 40 as
7    (210 ILCS 80/1)  (from Ch. 111 1/2, par. 86)
8    Sec. 1. Requirements to provide emergency medical care.
9    (a) Every hospital required to be licensed by the
10Department of Public Health pursuant to the Hospital Licensing
11Act which provides general medical and surgical hospital
12services, except long-term acute care hospitals and
13rehabilitation hospitals identified in Section 1.3 of this
14Act, shall provide a hospital emergency service in accordance
15with rules and regulations adopted by the Department of Public
16Health and shall furnish such hospital emergency services to
17any applicant who applies for the same in case of injury or
18acute medical condition where the same is liable to cause
19death or severe injury or serious illness. For purposes of
20this Act, "applicant" includes any person who presents at the
21hospital or who is brought to a hospital by ambulance or
22specialized emergency medical services vehicle as defined in
23the Emergency Medical Services (EMS) Systems Act. Hospitals



HB0581 Enrolled- 2 -LRB103 04166 CPF 49172 b

1shall furnish hospital emergency services, including as
2described in subsections (b-1) and (b-2), in accordance with
3the procedures required by the federal Emergency Medical
4Treatment and Active Labor Act (EMTALA), including, but not
5limited to, medical screening, the provision of necessary
6stabilizing treatment, procedures for refusals to consent,
7restricting transfers until the individual is stabilized,
8appropriate transfers of patients, nondiscrimination, no delay
9in examination or treatment, and whistleblower protections.
10    (b-1) For purposes of this Act, "injury or acute medical
11condition where the same is liable to cause death or severe
12injury or serious illness" includes, but is not limited to,
13when a pregnant patient is experiencing ectopic pregnancy,
14complications of pregnancy loss, risks to future fertility,
15previable preterm premature rupture of membranes (PPROM), or
16emergent hypertensive disorders, such as preeclampsia.
17    (b-2) For purposes of this Act, "stabilizing treatment"
18includes abortion when abortion is necessary to resolve the
19patient's injury or acute medical condition that is liable to
20cause death or severe injury or serious illness.
21    (c) The amendments to this Section are declarative of
22existing law.
23    (d) Nothing in this Section shall be construed to alter
24existing legal statuses and rights.
25(Source: P.A. 97-667, eff. 1-13-12; 98-683, eff. 6-30-14.)



HB0581 Enrolled- 3 -LRB103 04166 CPF 49172 b

1    (210 ILCS 80/2.1 new)
2    Sec. 2.1. Department investigations. The Department shall
3also have the authority to investigate violations of this Act,
4which may include a medical clinical review by a physician,
5and to issue a minimum monetary penalty of $50,000 for
6violating this Act. The Department shall adopt rules for
7purposes of enforcing this Act and identifying factors to be
8considered when issuing a monetary penalty. The Department may
9assess a fine under this Section only if there are no fines
10assessed for the violation by the federal government.
11    (210 ILCS 80/40 new)
12    Sec. 40. Severability. The provisions of this Act are
13severable under Section 1.31 of the Statute on Statutes.
14    Section 99. Effective date. This Act takes effect upon
15becoming law.