Full Text of SB1579 95th General Assembly
SB1579enr 95TH GENERAL ASSEMBLY
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Health Facilities Planning Act is | 5 |
| amended by changing Section 3 and adding Section 5.1a as | 6 |
| follows:
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| (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
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| (Section scheduled to be repealed on May 31, 2007)
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| Sec. 3. Definitions. As used in this Act:
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| "Health care facilities" means and includes
the following | 11 |
| facilities and organizations:
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| 1. An ambulatory surgical treatment center required to | 13 |
| be licensed
pursuant to the Ambulatory Surgical Treatment | 14 |
| Center Act;
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| 2. An institution, place, building, or agency required | 16 |
| to be licensed
pursuant to the Hospital Licensing Act;
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| 3. Skilled and intermediate long term care facilities | 18 |
| licensed under the
Nursing
Home Care Act;
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| 3. Skilled and intermediate long term care facilities | 20 |
| licensed under the
Nursing
Home Care Act;
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| 4. Hospitals, nursing homes, ambulatory surgical | 22 |
| treatment centers, or
kidney disease treatment centers
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| maintained by the State or any department or agency |
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| thereof;
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| 5. Kidney disease treatment centers, including a | 3 |
| free-standing
hemodialysis unit required to be licensed | 4 |
| under the End Stage Renal Disease Facility Act; and
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| 6. An institution, place, building, or room used for | 6 |
| the performance of
outpatient surgical procedures that is | 7 |
| leased, owned, or operated by or on
behalf of an | 8 |
| out-of-state facility.
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| No federally owned facility shall be subject to the | 10 |
| provisions of this
Act, nor facilities used solely for healing | 11 |
| by prayer or spiritual means.
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| No facility licensed under the Supportive Residences | 13 |
| Licensing Act or the
Assisted Living and Shared Housing Act
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| shall be subject to the provisions of this Act.
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| A facility designated as a supportive living facility that | 16 |
| is in good
standing with the program
established under Section | 17 |
| 5-5.01a of
the Illinois Public Aid Code shall not be subject to | 18 |
| the provisions of this
Act.
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| This Act does not apply to facilities granted waivers under | 20 |
| Section 3-102.2
of the Nursing Home Care Act. However, if a | 21 |
| demonstration project under that
Act applies for a certificate
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| of need to convert to a nursing facility, it shall meet the | 23 |
| licensure and
certificate of need requirements in effect as of | 24 |
| the date of application. | 25 |
| This Act does not apply to a dialysis facility that | 26 |
| provides only dialysis training, support, and related services |
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| to individuals with end stage renal disease who have elected to | 2 |
| receive home dialysis. This Act does not apply to a dialysis | 3 |
| unit located in a licensed nursing home that offers or provides | 4 |
| dialysis-related services to residents with end stage renal | 5 |
| disease who have elected to receive home dialysis within the | 6 |
| nursing home. The Board, however, may require these dialysis | 7 |
| facilities and licensed nursing homes to report statistical | 8 |
| information on a quarterly basis to the Board to be used by the | 9 |
| Board to conduct analyses on the need for proposed kidney | 10 |
| disease treatment centers.
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| This Act shall not apply to the closure of an entity or a | 12 |
| portion of an
entity licensed under the Nursing Home Care Act | 13 |
| that elects to convert, in
whole or in part, to an assisted | 14 |
| living or shared housing establishment
licensed under the | 15 |
| Assisted Living and Shared Housing Act.
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| With the exception of those health care facilities | 17 |
| specifically
included in this Section, nothing in this Act | 18 |
| shall be intended to
include facilities operated as a part of | 19 |
| the practice of a physician or
other licensed health care | 20 |
| professional, whether practicing in his
individual capacity or | 21 |
| within the legal structure of any partnership,
medical or | 22 |
| professional corporation, or unincorporated medical or
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| professional group. Further, this Act shall not apply to | 24 |
| physicians or
other licensed health care professional's | 25 |
| practices where such practices
are carried out in a portion of | 26 |
| a health care facility under contract
with such health care |
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| facility by a physician or by other licensed
health care | 2 |
| professionals, whether practicing in his individual capacity
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| or within the legal structure of any partnership, medical or
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| professional corporation, or unincorporated medical or | 5 |
| professional
groups. This Act shall apply to construction or
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| modification and to establishment by such health care facility | 7 |
| of such
contracted portion which is subject to facility | 8 |
| licensing requirements,
irrespective of the party responsible | 9 |
| for such action or attendant
financial obligation.
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| "Person" means any one or more natural persons, legal | 11 |
| entities,
governmental bodies other than federal, or any | 12 |
| combination thereof.
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| "Consumer" means any person other than a person (a) whose | 14 |
| major
occupation currently involves or whose official capacity | 15 |
| within the last
12 months has involved the providing, | 16 |
| administering or financing of any
type of health care facility, | 17 |
| (b) who is engaged in health research or
the teaching of | 18 |
| health, (c) who has a material financial interest in any
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| activity which involves the providing, administering or | 20 |
| financing of any
type of health care facility, or (d) who is or | 21 |
| ever has been a member of
the immediate family of the person | 22 |
| defined by (a), (b), or (c).
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| "State Board" means the Health Facilities Planning Board.
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| "Construction or modification" means the establishment, | 25 |
| erection,
building, alteration, reconstruction, modernization, | 26 |
| improvement,
extension, discontinuation, change of ownership, |
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| of or by a health care
facility, or the purchase or acquisition | 2 |
| by or through a health care facility
of
equipment or service | 3 |
| for diagnostic or therapeutic purposes or for
facility | 4 |
| administration or operation, or any capital expenditure made by
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| or on behalf of a health care facility which
exceeds the | 6 |
| capital expenditure minimum; however, any capital expenditure
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| made by or on behalf of a health care facility for (i) the | 8 |
| construction or
modification of a facility licensed under the | 9 |
| Assisted Living and Shared
Housing Act or (ii) a conversion | 10 |
| project undertaken in accordance with Section 30 of the Older | 11 |
| Adult Services Act shall be excluded from any obligations under | 12 |
| this Act.
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| "Establish" means the construction of a health care | 14 |
| facility or the
replacement of an existing facility on another | 15 |
| site.
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| "Major medical equipment" means medical equipment which is | 17 |
| used for the
provision of medical and other health services and | 18 |
| which costs in excess
of the capital expenditure minimum, | 19 |
| except that such term does not include
medical equipment | 20 |
| acquired
by or on behalf of a clinical laboratory to provide | 21 |
| clinical laboratory
services if the clinical laboratory is | 22 |
| independent of a physician's office
and a hospital and it has | 23 |
| been determined under Title XVIII of the Social
Security Act to | 24 |
| meet the requirements of paragraphs (10) and (11) of Section
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| 1861(s) of such Act. In determining whether medical equipment | 26 |
| has a value
in excess of the capital expenditure minimum, the |
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| value of studies, surveys,
designs, plans, working drawings, | 2 |
| specifications, and other activities
essential to the | 3 |
| acquisition of such equipment shall be included.
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| "Capital Expenditure" means an expenditure: (A) made by or | 5 |
| on behalf of
a health care facility (as such a facility is | 6 |
| defined in this Act); and
(B) which under generally accepted | 7 |
| accounting principles is not properly
chargeable as an expense | 8 |
| of operation and maintenance, or is made to obtain
by lease or | 9 |
| comparable arrangement any facility or part thereof or any
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| equipment for a facility or part; and which exceeds the capital | 11 |
| expenditure
minimum.
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| For the purpose of this paragraph, the cost of any studies, | 13 |
| surveys, designs,
plans, working drawings, specifications, and | 14 |
| other activities essential
to the acquisition, improvement, | 15 |
| expansion, or replacement of any plant
or equipment with | 16 |
| respect to which an expenditure is made shall be included
in | 17 |
| determining if such expenditure exceeds the capital | 18 |
| expenditures minimum.
Donations of equipment
or facilities to a | 19 |
| health care facility which if acquired directly by such
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| facility would be subject to review under this Act shall be | 21 |
| considered capital
expenditures, and a transfer of equipment or | 22 |
| facilities for less than fair
market value shall be considered | 23 |
| a capital expenditure for purposes of this
Act if a transfer of | 24 |
| the equipment or facilities at fair market value would
be | 25 |
| subject to review.
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| "Capital expenditure minimum" means $6,000,000, which |
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| shall be annually
adjusted to reflect the increase in | 2 |
| construction costs due to inflation, for major medical | 3 |
| equipment and for all other
capital expenditures; provided, | 4 |
| however, that when a capital expenditure is
for the | 5 |
| construction or modification of a health and fitness center, | 6 |
| "capital
expenditure minimum" means the capital expenditure | 7 |
| minimum for all other
capital expenditures in effect on March | 8 |
| 1, 2000, which shall be annually
adjusted to reflect the | 9 |
| increase in construction costs due to inflation.
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| "Non-clinical service area" means an area (i) for the | 11 |
| benefit of the
patients, visitors, staff, or employees of a | 12 |
| health care facility and (ii) not
directly related to the | 13 |
| diagnosis, treatment, or rehabilitation of persons
receiving | 14 |
| services from the health care facility. "Non-clinical service | 15 |
| areas"
include, but are not limited to, chapels; gift shops; | 16 |
| news stands; computer
systems; tunnels, walkways, and | 17 |
| elevators; telephone systems; projects to
comply with life | 18 |
| safety codes; educational facilities; student housing;
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| patient, employee, staff, and visitor dining areas; | 20 |
| administration and
volunteer offices; modernization of | 21 |
| structural components (such as roof
replacement and masonry | 22 |
| work); boiler repair or replacement; vehicle
maintenance and | 23 |
| storage facilities; parking facilities; mechanical systems for
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| heating, ventilation, and air conditioning; loading docks; and | 25 |
| repair or
replacement of carpeting, tile, wall coverings, | 26 |
| window coverings or treatments,
or furniture. Solely for the |
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| purpose of this definition, "non-clinical service
area" does | 2 |
| not include health and fitness centers.
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| "Areawide" means a major area of the State delineated on a
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| geographic, demographic, and functional basis for health | 5 |
| planning and
for health service and having within it one or | 6 |
| more local areas for
health planning and health service. The | 7 |
| term "region", as contrasted
with the term "subregion", and the | 8 |
| word "area" may be used synonymously
with the term "areawide".
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| "Local" means a subarea of a delineated major area that on | 10 |
| a
geographic, demographic, and functional basis may be | 11 |
| considered to be
part of such major area. The term "subregion" | 12 |
| may be used synonymously
with the term "local".
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| "Areawide health planning organization" or "Comprehensive | 14 |
| health
planning organization" means the health systems agency | 15 |
| designated by the
Secretary, Department of Health and Human | 16 |
| Services or any successor agency.
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| "Local health planning organization" means those local | 18 |
| health
planning organizations that are designated as such by | 19 |
| the areawide
health planning organization of the appropriate | 20 |
| area.
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| "Physician" means a person licensed to practice in | 22 |
| accordance with
the Medical Practice Act of 1987, as amended.
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| "Licensed health care professional" means a person | 24 |
| licensed to
practice a health profession under pertinent | 25 |
| licensing statutes of the
State of Illinois.
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| "Director" means the Director of the Illinois Department of |
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| Public Health.
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| "Agency" means the Illinois Department of Public Health.
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| "Comprehensive health planning" means health planning | 4 |
| concerned with
the total population and all health and | 5 |
| associated problems that affect
the well-being of people and | 6 |
| that encompasses health services, health
manpower, and health | 7 |
| facilities; and the coordination among these and
with those | 8 |
| social, economic, and environmental factors that affect | 9 |
| health.
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| "Alternative health care model" means a facility or program | 11 |
| authorized
under the Alternative Health Care Delivery Act.
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| "Out-of-state facility" means a person that is both (i) | 13 |
| licensed as a
hospital or as an ambulatory surgery center under | 14 |
| the laws of another state
or that
qualifies as a hospital or an | 15 |
| ambulatory surgery center under regulations
adopted pursuant | 16 |
| to the Social Security Act and (ii) not licensed under the
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| Ambulatory Surgical Treatment Center Act, the Hospital | 18 |
| Licensing Act, or the
Nursing Home Care Act. Affiliates of | 19 |
| out-of-state facilities shall be
considered out-of-state | 20 |
| facilities. Affiliates of Illinois licensed health
care | 21 |
| facilities 100% owned by an Illinois licensed health care | 22 |
| facility, its
parent, or Illinois physicians licensed to | 23 |
| practice medicine in all its
branches shall not be considered | 24 |
| out-of-state facilities. Nothing in
this definition shall be
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| construed to include an office or any part of an office of a | 26 |
| physician licensed
to practice medicine in all its branches in |
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| Illinois that is not required to be
licensed under the | 2 |
| Ambulatory Surgical Treatment Center Act.
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| "Change of ownership of a health care facility" means a | 4 |
| change in the
person
who has ownership or
control of a health | 5 |
| care facility's physical plant and capital assets. A change
in | 6 |
| ownership is indicated by
the following transactions: sale, | 7 |
| transfer, acquisition, lease, change of
sponsorship, or other | 8 |
| means of
transferring control.
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| "Related person" means any person that: (i) is at least 50% | 10 |
| owned, directly
or indirectly, by
either the health care | 11 |
| facility or a person owning, directly or indirectly, at
least | 12 |
| 50% of the health
care facility; or (ii) owns, directly or | 13 |
| indirectly, at least 50% of the
health care facility.
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| "Charity care" means care provided by a health care | 15 |
| facility for which the provider does not expect to receive | 16 |
| payment from the patient or a third-party payer. | 17 |
| "Freestanding emergency center" means a facility subject | 18 |
| to licensure under Section 32.5 of the Emergency Medical | 19 |
| Services (EMS) Systems Act.
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| (Source: P.A. 93-41, eff. 6-27-03; 93-766, eff. 7-20-04; | 21 |
| 93-935, eff. 1-1-05; 93-1031, eff. 8-27-04; 94-342, eff. | 22 |
| 7-26-05; revised 4-3-07.)
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| (20 ILCS 3960/5.1a new)
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| Sec. 5.1a. No person shall construct, modify, or establish | 25 |
| a freestanding emergency center in Illinois, or acquire major |
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| medical equipment or make capital expenditures in relation to | 2 |
| such a facility in excess of the capital expenditure minimum, | 3 |
| as defined by this Act, without first obtaining a permit from | 4 |
| the State Board in accordance with criteria, standards, and | 5 |
| procedures adopted by the State Board for freestanding | 6 |
| emergency centers that ensure the availability of and community | 7 |
| access to essential emergency medical services. | 8 |
| Section 10. The Emergency Medical Services (EMS) Systems | 9 |
| Act is amended by changing Sections 3.20 and 32.5 as follows:
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| (210 ILCS 50/3.20)
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| Sec. 3.20. Emergency Medical Services (EMS) Systems.
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| (a) "Emergency Medical Services (EMS) System" means an
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| organization of hospitals, vehicle service providers and
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| personnel approved by the Department in a specific
geographic | 15 |
| area, which coordinates and provides pre-hospital
and | 16 |
| inter-hospital emergency care and non-emergency medical
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| transports at a BLS, ILS and/or ALS level pursuant to a
System | 18 |
| program plan submitted to and approved by the
Department, and | 19 |
| pursuant to the EMS Region Plan adopted for
the EMS Region in | 20 |
| which the System is located.
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| (b) One hospital in each System program plan must be
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| designated as the Resource Hospital. All other hospitals
which | 23 |
| are located within the geographic boundaries of a
System and | 24 |
| which have standby, basic or comprehensive level
emergency |
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| departments must function in that EMS System as
either an | 2 |
| Associate Hospital or Participating Hospital and
follow all | 3 |
| System policies specified in the System Program
Plan, including | 4 |
| but not limited to the replacement of drugs
and equipment used | 5 |
| by providers who have delivered patients
to their emergency | 6 |
| departments. All hospitals and vehicle
service providers | 7 |
| participating in an EMS System must
specify their level of | 8 |
| participation in the System Program
Plan.
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| (c) The Department shall have the authority and
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| responsibility to:
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| (1) Approve BLS, ILS and ALS level EMS Systems which
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| meet minimum standards and criteria established in rules
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| adopted by the Department pursuant to this Act, including
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| the submission of a Program Plan for Department approval.
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| Beginning September 1, 1997, the Department shall approve
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| the development of a new EMS System only when a local or
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| regional need for establishing such System has been
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| identified. This shall not be construed as a needs | 19 |
| assessment for health
planning or
other purposes outside of | 20 |
| this Act.
Following Department approval, EMS Systems must
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| be fully operational within one year from the date of
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| approval.
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| (2) Monitor EMS Systems, based on minimum standards for
| 24 |
| continuing operation as prescribed in rules adopted by the
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| Department pursuant to this Act, which shall include
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| requirements for submitting Program Plan amendments to the
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| Department for approval.
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| (3) Renew EMS System approvals every 4 years, after
an | 3 |
| inspection, based on compliance with the standards for
| 4 |
| continuing operation prescribed in rules adopted by the
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| Department pursuant to this Act.
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| (4) Suspend, revoke, or refuse to renew approval of
any | 7 |
| EMS System, after providing an opportunity for a
hearing, | 8 |
| when findings show that it does not meet the
minimum | 9 |
| standards for continuing operation as prescribed by
the | 10 |
| Department, or is found to be in violation of its
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| previously approved Program Plan.
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| (5) Require each EMS System to adopt written protocols
| 13 |
| for the bypassing of or diversion to any hospital, trauma
| 14 |
| center or regional trauma center, which provide that a | 15 |
| person
shall not be transported to a facility other than | 16 |
| the nearest
hospital, regional trauma center or trauma | 17 |
| center unless the
medical benefits to the patient | 18 |
| reasonably expected from the
provision of appropriate | 19 |
| medical treatment at a more distant
facility outweigh the | 20 |
| increased risks to the patient from
transport to the more | 21 |
| distant facility, or the transport is in
accordance with | 22 |
| the System's protocols for patient
choice or refusal.
| 23 |
| (6) Require that the EMS Medical Director of an ILS or
| 24 |
| ALS level EMS System be a physician licensed to practice
| 25 |
| medicine in all of its branches in Illinois, and certified | 26 |
| by
the American Board of Emergency Medicine or the American |
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| Board
of Osteopathic Emergency Medicine, and that the EMS | 2 |
| Medical
Director of a BLS level EMS System be a physician | 3 |
| licensed to
practice medicine in all of its branches in | 4 |
| Illinois, with
regular and frequent involvement in | 5 |
| pre-hospital emergency
medical services. In addition, all | 6 |
| EMS Medical Directors shall:
| 7 |
| (A) Have experience on an EMS vehicle at the
| 8 |
| highest level available within the System, or make | 9 |
| provision
to gain such experience within 12 months | 10 |
| prior to the
date responsibility for the System is | 11 |
| assumed or within 90
days after assuming the position;
| 12 |
| (B) Be thoroughly knowledgeable of all skills
| 13 |
| included in the scope of practices of all levels of EMS
| 14 |
| personnel within the System;
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| (C) Have or make provision to gain experience
| 16 |
| instructing students at a level similar to that of the | 17 |
| levels
of EMS personnel within the System; and
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| (D) For ILS and ALS EMS Medical Directors,
| 19 |
| successfully complete a Department-approved EMS | 20 |
| Medical
Director's Course.
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| (7) Prescribe statewide EMS data elements to be
| 22 |
| collected and documented by providers in all EMS Systems | 23 |
| for
all emergency and non-emergency medical services, with | 24 |
| a
one-year phase-in for commencing collection of such data
| 25 |
| elements.
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| (8) Define, through rules adopted pursuant to this Act,
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| the terms "Resource Hospital", "Associate Hospital",
| 2 |
| "Participating Hospital", "Basic Emergency Department",
| 3 |
| "Standby Emergency Department", "Comprehensive Emergency | 4 |
| Department", "EMS
Medical Director", "EMS Administrative
| 5 |
| Director", and "EMS System Coordinator".
| 6 |
| (A) Upon the effective date of this amendatory Act | 7 |
| of 1995,
all existing Project Medical Directors shall | 8 |
| be considered EMS
Medical Directors, and all persons | 9 |
| serving in such capacities
on the effective date of | 10 |
| this amendatory Act of 1995 shall be exempt from
the | 11 |
| requirements of paragraph (7) of this subsection;
| 12 |
| (B) Upon the effective date of this amendatory Act | 13 |
| of 1995, all
existing EMS System Project Directors | 14 |
| shall be considered EMS
Administrative Directors.
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| (9) Investigate the
circumstances that caused a | 16 |
| hospital
in an EMS system
to go on
bypass status to | 17 |
| determine whether that hospital's decision to go on bypass
| 18 |
| status was reasonable. The Department may impose | 19 |
| sanctions, as
set forth in Section 3.140 of the Act, upon a | 20 |
| Department determination that the
hospital unreasonably
| 21 |
| went on bypass status in violation of the Act.
| 22 |
| (10) Evaluate the capacity and performance of any | 23 |
| freestanding emergency center established under Section | 24 |
| 32.5 of this Act in meeting emergency medical service needs | 25 |
| of the public, including compliance with applicable | 26 |
| emergency medical standards and assurance of the |
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| availability of and immediate access to the highest quality | 2 |
| of medical care possible.
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| (Source: P.A. 91-357, eff. 7-29-99.)
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| (210 ILCS 50/32.5)
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| Sec. 32.5. Freestanding Emergency Center.
| 6 |
| (a) Until June 30, 2009, the
The Department shall issue an | 7 |
| annual Freestanding Emergency Center (FEC)
license to any | 8 |
| facility that:
| 9 |
| (1) is located: (A)
(i)(A) in a municipality with
a | 10 |
| population
of 75,000 or fewer inhabitants; (B) within 20
15 | 11 |
| miles of the
hospital that owns or controls the FEC; and | 12 |
| (C) within 20
10 miles of the Resource
Hospital affiliated | 13 |
| with the FEC as part of the EMS System ; or (ii)
(A) in a | 14 |
| municipality that has a
hospital that has been providing | 15 |
| emergency services but is expected to close
by the end of | 16 |
| 1997 and (B) in a county with a population of more
than
| 17 |
| 350,000 but
less than 525,000 inhabitants ;
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| (2) is wholly owned or controlled by an Associate or | 19 |
| Resource Hospital,
but is not a part of the hospital's | 20 |
| physical plant;
| 21 |
| (3) meets the standards for licensed FECs, adopted by | 22 |
| rule of the
Department, including, but not limited to:
| 23 |
| (A) facility design, specification, operation, and | 24 |
| maintenance
standards;
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| (B) equipment standards; and
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| (C) the number and qualifications of emergency | 2 |
| medical personnel and
other staff, which must include | 3 |
| at least one board certified emergency
physician | 4 |
| present at the FEC 24 hours per day.
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| (4) limits its participation in the EMS System strictly | 6 |
| to receiving a
limited number of BLS runs by emergency | 7 |
| medical vehicles according to protocols
developed by the | 8 |
| Resource Hospital within the FEC's
designated EMS System | 9 |
| and approved by the Project Medical Director and the
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| Department;
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| (5) provides comprehensive emergency treatment | 12 |
| services, as defined in the
rules adopted by the Department | 13 |
| pursuant to the Hospital Licensing Act, 24
hours per day, | 14 |
| on an outpatient basis;
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| (6) provides an ambulance and
maintains on site | 16 |
| ambulance services staffed with paramedics 24 hours per | 17 |
| day;
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| (7) maintains helicopter landing capabilities approved | 19 |
| by appropriate
State and federal authorities;
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| (8) complies with all State and federal patient rights | 21 |
| provisions,
including, but not limited to, the Emergency | 22 |
| Medical Treatment Act and the
federal Emergency
Medical | 23 |
| Treatment and Active Labor Act;
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| (9) maintains a communications system that is fully | 25 |
| integrated with
its Resource Hospital within the FEC's | 26 |
| designated EMS System;
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| (10) reports to the Department any patient transfers | 2 |
| from the FEC to a
hospital within 48 hours of the transfer | 3 |
| plus any other
data
determined to be relevant by the | 4 |
| Department;
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| (11) submits to the Department, on a quarterly basis, | 6 |
| the FEC's morbidity
and mortality rates for patients | 7 |
| treated at the FEC and other data determined
to be relevant | 8 |
| by the Department;
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| (12) does not describe itself or hold itself out to the | 10 |
| general public as
a full service hospital or hospital | 11 |
| emergency department in its advertising or
marketing
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| activities;
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| (13) complies with any other rules adopted by the
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| Department
under this Act that relate to FECs;
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| (14) passes the Department's site inspection for | 16 |
| compliance with the FEC
requirements of this Act;
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| (15) submits a copy of the
a certificate of need or | 18 |
| other permit issued by
the Illinois Health Facilities | 19 |
| Planning Board indicating that the facility has complied | 20 |
| with the Illinois Health Facilities Planning Act with | 21 |
| respect to the health services to be provided at the | 22 |
| facility
that
will
house the proposed FEC complies with | 23 |
| State health planning laws; provided,
however, that the | 24 |
| Illinois Health Facilities Planning Board shall waive this
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| certificate of need or permit requirement for any proposed | 26 |
| FEC that, as of the
effective date of this amendatory Act |
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| of 1996, meets the criteria for providing
comprehensive | 2 |
| emergency treatment services, as defined by the rules
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| promulgated under the Hospital Licensing Act, but is not a | 4 |
| licensed hospital ;
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| (16) submits an application for designation as an FEC | 6 |
| in a manner and form
prescribed by the Department by rule; | 7 |
| and
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| (17) pays the annual license fee as determined by the | 9 |
| Department by
rule . ; and
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| (18) participated in the demonstration program.
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| (b) The Department shall:
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| (1) annually inspect facilities of initial FEC | 13 |
| applicants and licensed
FECs, and issue
annual licenses to | 14 |
| or annually relicense FECs that
satisfy the Department's | 15 |
| licensure requirements as set forth in subsection (a);
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| (2) suspend, revoke, refuse to issue, or refuse to | 17 |
| renew the license of
any
FEC, after notice and an | 18 |
| opportunity for a hearing, when the Department finds
that | 19 |
| the FEC has failed to comply with the standards and | 20 |
| requirements of the
Act or rules adopted by the Department | 21 |
| under the
Act;
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| (3) issue an Emergency Suspension Order for any FEC | 23 |
| when the
Director or his or her designee has determined | 24 |
| that the continued operation of
the FEC poses an immediate | 25 |
| and serious danger to
the public health, safety, and | 26 |
| welfare.
An opportunity for a
hearing shall be promptly |
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| initiated after an Emergency Suspension Order has
been | 2 |
| issued; and
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| (4) adopt rules as needed to implement this Section.
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| (Source: P.A. 93-372, eff. 1-1-04.)
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| Section 99. Effective date. This Act takes effect upon | 6 |
| becoming law.
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