Illinois General Assembly - Full Text of HB4699
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Full Text of HB4699  95th General Assembly

HB4699ham003 95TH GENERAL ASSEMBLY

Rep. Bob Biggins

Filed: 5/2/2008

 

 


 

 


 
09500HB4699ham003 LRB095 18756 DRJ 50195 a

1
AMENDMENT TO HOUSE BILL 4699

2     AMENDMENT NO. ______. Amend House Bill 4699, AS AMENDED, by
3 replacing everything after the enacting clause with the
4 following:
 
5     "Section 5. The Emergency Medical Services (EMS) Systems
6 Act is amended by changing Sections 3.25, 3.30, and 3.200 and
7 by adding Sections 3.1005, 3.1010, 3.1015, 3.1020, 3.1025,
8 3.1030, 3.1035, 3.1040, and 3.1045 as follows:
 
9     (210 ILCS 50/3.25)
10     Sec. 3.25. EMS Region Plan; Development.
11     (a) Within 6 months after designation of an EMS Region, an
12 EMS Region Plan addressing at least the information prescribed
13 in Section 3.30 shall be submitted to the Department for
14 approval. The Plan shall be developed by the Region's EMS
15 Medical Directors Committee with advice from the Regional EMS
16 Advisory Committee; portions of the plan concerning trauma

 

 

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1 shall be developed jointly with the Region's Trauma Center
2 Medical Directors or Trauma Center Medical Directors
3 Committee, whichever is applicable, with advice from the
4 Regional Trauma Advisory Committee, if such Advisory Committee
5 has been established in the Region.
6         (1) A Region's EMS Medical Directors Committee shall be
7     comprised of the Region's EMS Medical Directors, along with
8     the medical advisor to a fire department vehicle service
9     provider. For regions which include a municipal fire
10     department serving a population of over 2,000,000 people,
11     that fire department's medical advisor shall serve on the
12     Committee. For other regions, the fire department vehicle
13     service providers shall select which medical advisor to
14     serve on the Committee on an annual basis.
15         (2) A Region's Trauma Center Medical Directors
16     Committee shall be comprised of the Region's Trauma Center
17     Medical Directors.
18     (b) A Region's Trauma Center Medical Directors may choose
19 to participate in the development of the EMS Region Plan
20 through membership on the Regional EMS Advisory Committee,
21 rather than through a separate Trauma Center Medical Directors
22 Committee. If that option is selected, the Region's Trauma
23 Center Medical Director shall also determine whether a separate
24 Regional Trauma Advisory Committee is necessary for the Region.
25     (c) In the event of disputes over content of the Plan
26 between the Region's EMS Medical Directors Committee and the

 

 

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1 Region's Trauma Center Medical Directors or Trauma Center
2 Medical Directors Committee, whichever is applicable, the
3 Director of the Illinois Department of Public Health shall
4 intervene through a mechanism established by the Department
5 through rules adopted pursuant to this Act.
6     (d) "Regional EMS Advisory Committee" means a committee
7 formed within an Emergency Medical Services (EMS) Region to
8 advise the Region's EMS Medical Directors Committee and to
9 select the Region's representative to the State Emergency
10 Medical Services Advisory Council, consisting of at least the
11 members of the Region's EMS Medical Directors Committee, the
12 Chair of the Regional Trauma Committee, the EMS System
13 Coordinators from each Resource Hospital within the Region, one
14 administrative representative from an Associate Hospital
15 within the Region, one administrative representative from a
16 Participating Hospital within the Region, one administrative
17 representative from the vehicle service provider which
18 responds to the highest number of calls for emergency service
19 within the Region, one administrative representative of a
20 vehicle service provider from each System within the Region,
21 one Emergency Medical Technician (EMT)/Pre-Hospital RN from
22 each level of EMT/Pre-Hospital RN practicing within the Region,
23 and one registered professional nurse currently practicing in
24 an emergency department within the Region, and one neurologist
25 from a Primary Stroke Center. Of the 2 administrative
26 representatives of vehicle service providers, at least one

 

 

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1 shall be an administrative representative of a private vehicle
2 service provider. The Department's Regional EMS Coordinator
3 for each Region shall serve as a non-voting member of that
4 Region's EMS Advisory Committee.
5     Every 2 years, the members of the Region's EMS Medical
6 Directors Committee shall rotate serving as Committee Chair,
7 and select the Associate Hospital, Participating Hospital and
8 vehicle service providers which shall send representatives to
9 the Advisory Committee, and the EMTs/Pre-Hospital RN and nurse
10 who shall serve on the Advisory Committee.
11     (e) "Regional Trauma Advisory Committee" means a committee
12 formed within an Emergency Medical Services (EMS) Region, to
13 advise the Region's Trauma Center Medical Directors Committee,
14 consisting of at least the Trauma Center Medical Directors and
15 Trauma Coordinators from each Trauma Center within the Region,
16 one EMS Medical Director from a resource hospital within the
17 Region, one EMS System Coordinator from another resource
18 hospital within the Region, one representative each from a
19 public and private vehicle service provider which transports
20 trauma patients within the Region, an administrative
21 representative from each trauma center within the Region, one
22 EMT representing the highest level of EMT practicing within the
23 Region, one emergency physician and one Trauma Nurse Specialist
24 (TNS) currently practicing in a trauma center. The Department's
25 Regional EMS Coordinator for each Region shall serve as a
26 non-voting member of that Region's Trauma Advisory Committee.

 

 

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1     Every 2 years, the members of the Trauma Center Medical
2 Directors Committee shall rotate serving as Committee Chair,
3 and select the vehicle service providers, EMT, emergency
4 physician, EMS System Coordinator and TNS who shall serve on
5 the Advisory Committee.
6 (Source: P.A. 89-177, eff. 7-19-95.)
 
7     (210 ILCS 50/3.30)
8     Sec. 3.30. EMS Region Plan; Content.
9     (a) The EMS Medical Directors Committee shall address at
10 least the following:
11         (1) Protocols for inter-System/inter-Region patient
12     transports, including identifying the conditions of
13     emergency patients which may not be transported to the
14     different levels of emergency department, based on their
15     Department classifications and relevant Regional
16     considerations (e.g. transport times and distances);
17         (2) Regional standing medical orders;
18         (3) Patient transfer patterns, including criteria for
19     determining whether a patient needs the specialized
20     services of a trauma center, along with protocols for the
21     bypassing of or diversion to any hospital, trauma center or
22     regional trauma center which are consistent with
23     individual System bypass or diversion protocols and
24     protocols for patient choice or refusal;
25         (4) Protocols for resolving Regional or Inter-System

 

 

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1     conflict;
2         (5) An EMS disaster preparedness plan which includes
3     the actions and responsibilities of all EMS participants
4     within the Region. Within 90 days of the effective date of
5     this amendatory Act of 1996, an EMS System shall submit to
6     the Department for review an internal disaster plan. At a
7     minimum, the plan shall include contingency plans for the
8     transfer of patients to other facilities if an evacuation
9     of the hospital becomes necessary due to a catastrophe,
10     including but not limited to, a power failure;
11         (6) Regional standardization of continuing education
12     requirements;
13         (7) Regional standardization of Do Not Resuscitate
14     (DNR) policies, and protocols for power of attorney for
15     health care; and
16         (8) Protocols for disbursement of Department grants;
17     and .
18         (9) Protocols for the triage, treatment, and transport
19     of patients to a Primary Stroke Center.
20     (b) The Trauma Center Medical Directors or Trauma Center
21 Medical Directors Committee shall address at least the
22 following:
23         (1) The identification of Regional Trauma Centers;
24         (2) Protocols for inter-System and inter-Region trauma
25     patient transports, including identifying the conditions
26     of emergency patients which may not be transported to the

 

 

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1     different levels of emergency department, based on their
2     Department classifications and relevant Regional
3     considerations (e.g. transport times and distances);
4         (3) Regional trauma standing medical orders;
5         (4) Trauma patient transfer patterns, including
6     criteria for determining whether a patient needs the
7     specialized services of a trauma center, along with
8     protocols for the bypassing of or diversion to any
9     hospital, trauma center or regional trauma center which are
10     consistent with individual System bypass or diversion
11     protocols and protocols for patient choice or refusal;
12         (5) The identification of which types of patients can
13     be cared for by Level I and Level II Trauma Centers;
14         (6) Criteria for inter-hospital transfer of trauma
15     patients;
16         (7) The treatment of trauma patients in each trauma
17     center within the Region;
18         (8) A program for conducting a quarterly conference
19     which shall include at a minimum a discussion of morbidity
20     and mortality between all professional staff involved in
21     the care of trauma patients;
22         (9) The establishment of a Regional trauma quality
23     assurance and improvement subcommittee, consisting of
24     trauma surgeons, which shall perform periodic medical
25     audits of each trauma center's trauma services, and forward
26     tabulated data from such reviews to the Department; and

 

 

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1         (10) The establishment, within 90 days of the effective
2     date of this amendatory Act of 1996, of an internal
3     disaster plan, which shall include, at a minimum,
4     contingency plans for the transfer of patients to other
5     facilities if an evacuation of the hospital becomes
6     necessary due to a catastrophe, including but not limited
7     to, a power failure.
8     (c) The Region's EMS Medical Directors and Trauma Center
9 Medical Directors Committees shall appoint any subcommittees
10 which they deem necessary to address specific issues concerning
11 Region activities.
12 (Source: P.A. 89-177, eff. 7-19-95; 89-667, eff. 1-1-97.)
 
13     (210 ILCS 50/3.200)
14     Sec. 3.200. State Emergency Medical Services Advisory
15 Council.
16     (a) There shall be established within the Department of
17 Public Health a State Emergency Medical Services Advisory
18 Council, which shall serve as an advisory body to the
19 Department on matters related to this Act.
20     (b) Membership of the Council shall include one
21 representative from each EMS Region, to be appointed by each
22 region's EMS Regional Advisory Committee. The Governor shall
23 appoint additional members to the Council as necessary to
24 insure that the Council includes one representative from each
25 of the following categories:

 

 

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1         (1) EMS Medical Director,
2         (2) Trauma Center Medical Director,
3         (3) Licensed, practicing physician with regular and
4     frequent involvement in the provision of emergency care,
5         (4) Licensed, practicing physician with special
6     expertise in the surgical care of the trauma patient,
7         (4.5) Neurologist from a Primary Stroke Center,
8         (5) EMS System Coordinator,
9         (6) TNS,
10         (7) EMT-P,
11         (8) EMT-I,
12         (9) EMT-B,
13         (10) Private vehicle service provider,
14         (11) Law enforcement officer,
15         (12) Chief of a public vehicle service provider,
16         (13) Statewide firefighters' union member affiliated
17     with a vehicle service provider,
18         (14) Administrative representative from a fire
19     department vehicle service provider in a municipality with
20     a population of over 2 million people;
21         (15) Administrative representative from a Resource
22     Hospital or EMS System Administrative Director.
23     (c) Of the members first appointed, 5 members shall be
24 appointed for a term of one year, 5 members shall be appointed
25 for a term of 2 years, and the remaining members shall be
26 appointed for a term of 3 years. The terms of subsequent

 

 

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1 appointees shall be 3 years. All appointees shall serve until
2 their successors are appointed and qualified.
3     (d) The Council shall be provided a 90-day period in which
4 to review and comment upon all rules proposed by the Department
5 pursuant to this Act, except for rules adopted pursuant to
6 Section 3.190(a) of this Act, rules submitted to the State
7 Trauma Advisory Council and emergency rules adopted pursuant to
8 Section 5-45 of the Illinois Administrative Procedure Act. The
9 90-day review and comment period may commence upon the
10 Department's submission of the proposed rules to the individual
11 Council members, if the Council is not meeting at the time the
12 proposed rules are ready for Council review. Any non-emergency
13 rules adopted prior to the Council's 90-day review and comment
14 period shall be null and void. If the Council fails to advise
15 the Department within its 90-day review and comment period, the
16 rule shall be considered acted upon.
17     (e) Council members shall be reimbursed for reasonable
18 travel expenses incurred during the performance of their duties
19 under this Section.
20     (f) The Department shall provide administrative support to
21 the Council for the preparation of the agenda and minutes for
22 Council meetings and distribution of proposed rules to Council
23 members.
24     (g) The Council shall act pursuant to bylaws which it
25 adopts, which shall include the annual election of a Chair and
26 Vice-Chair.

 

 

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1     (h) The Director or his designee shall be present at all
2 Council meetings.
3     (i) Nothing in this Section shall preclude the Council from
4 reviewing and commenting on proposed rules which fall under the
5 purview of the State Trauma Advisory Council.
6 (Source: P.A. 89-177, eff. 7-19-95; 90-655, eff. 7-30-98.)
 
7     (210 ILCS 50/3.1005 new)
8     Sec. 3.1005. Primary Stroke Center; findings. The General
9 Assembly finds and declares that:
10         (1) Despite significant advances in diagnosis,
11     treatment, and prevention, stroke remains the third
12     highest killer in the United States. An estimated 700,000
13     to 750,000 new and recurrent strokes occur each year in
14     this country; and with the aging of the population, the
15     number of persons who have strokes is projected to increase
16     each year. Stroke is the number 3 killer of Illinois
17     residents and leads to the death of more than 7,500
18     citizens of Illinois each year and disables thousands more.
19     Illinois, Indiana, and Ohio have higher stroke mortality
20     rates than neighboring states Michigan, Minnesota, and
21     Wisconsin.
22         (2) A level of stroke center and Regional Stroke Center
23     Systems should be established for the treatment of acute
24     stroke. Primary Stroke Centers should be established in
25     acute care hospitals to evaluate, stabilize, and provide

 

 

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1     emergency care to patients with acute stroke.
2         (3) It is in the best interest of the residents of this
3     State to have a program to designate stroke centers
4     throughout the State, to provide specific patient care to
5     ensure that acute stroke patients receive safe and
6     effective care, and to provide financial support to acute
7     care hospitals to maintain and develop stroke centers.
8     Further, it is in the best interest of the people of the
9     State of Illinois to improve the State's emergency medical
10     response to ensure that stroke patients may be quickly
11     identified and transported to and treated in facilities
12     that provide timely and appropriate treatment for stroke
13     patients.
 
14     (210 ILCS 50/3.1010 new)
15     Sec. 3.1010. Primary Stroke Center; definitions. For
16 purposes of Section 3.1005 and the succeeding Sections:
17     "Department" means the Illinois Department of Public
18 Health.
19     "Director" means the Director of Public Health.
20     "Emergency medical services provider" or "EMS provider"
21 means a vehicle service provider which coordinates and provides
22 pre-hospital and inter-hospital emergency care and
23 non-emergency medical transports at a Basic Level Support (BLS)
24 Service, Intermediate Life Support (ILS) Service, or Advanced
25 Life Support (ALS) Service level, or any combination thereof,

 

 

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1 pursuant to an EMS System program plan submitted to and
2 approved by the Department, and pursuant to the EMS Region Plan
3 adopted for the EMS Region in which the system is located.
4     "Emergency Medical Services Region" or "EMS Region" means a
5 geographic area designated by the Department that encompasses
6 EMS Systems and trauma centers, in which emergency medical
7 services, trauma centers, and non-emergency medical services
8 are coordinated under an EMS Region Plan.
9     "Emergency Medical Services System" or "EMS System" means
10 an organization of hospitals, vehicle service providers, and
11 personnel approved by the Department in a specific geographic
12 area, which coordinates and provides pre-hospital and
13 inter-hospital emergency care and non-emergency medical
14 transports at a BLS, ILS, or ALS level pursuant to a system
15 program plan submitted to and approved by the Department and
16 pursuant to the EMS Region Plan adopted for the EMS Region in
17 which the EMS System is located.
18     "Emergency Medical Services Medical Director" or "EMS
19 Medical Director" means the physician, appointed by the
20 Resource Hospital, who has the responsibility and authority for
21 total management of the EMS System.
22     "Primary Stroke Center" means a hospital that has been
23 designated by the Department by any one of the following 3
24 methods: by the Joint Commission; by another
25 nationally-recognized accrediting body as approved by the
26 Department as qualifying and maintaining conformance with the

 

 

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1 requirements of this Act; or by the Department utilizing
2 national-recognized body designation criteria. The Primary
3 Stroke Center shall develop a plan outlining a system of care
4 for stoke victims. This plan shall identify the services
5 associated with stroke prevention, treatment, and
6 rehabilitation such as: primordial and primary prevention;
7 community education; acute stroke treatment, including the
8 hyper acute and emergency department phases; sub-acute stroke
9 treatment and secondary prevention; rehabilitation; and
10 continuous quality improvement (CQI) activities.
11     "Regional EMS Medical Directors Committee" or "Committee"
12 means a group comprised of the Region's EMS Medical Directors,
13 along with the medical advisor to a fire department vehicle
14 service provider. For Regions that include a municipal fire
15 department serving a population of over 2,000,000 people, that
16 fire department's medical advisor shall serve on the Committee.
17 For other EMS Regions, the fire department vehicle service
18 providers shall select which medical advisor shall serve on the
19 Committee on an annual basis.
20     "Regional Stroke Center System" means an organization of
21 Primary Stroke Centers, EMS Systems, hospitals, vehicle
22 service providers, and personnel approved by the Department,
23 operating in an established EMS Region, which coordinates and
24 provides pre-hospital, hospital, and inter-hospital care to
25 acute stroke victims.
26     "Resource Hospital" means the hospital with the authority

 

 

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1 and the responsibility for an EMS System as outlined in the
2 Department-approved EMS System Program Plan.
 
3     (210 ILCS 50/3.1015 new)
4     Sec. 3.1015. Recognition of Primary Stroke Centers.
5     (a) The Department shall attempt to designate a Primary
6 Stroke Center in all areas of the State. The Department shall
7 authorize State designation status for any hospital that meets
8 any of the following criteria:
9         (1) The hospital is designated a Primary Stroke Center
10     by the Joint Commission.
11         (2) The hospital is designated a Primary Stroke Center
12     by a nationally-recognized accrediting body as approved by
13     the Department, provided that the designation criteria of
14     the accrediting body are in keeping with the most recent
15     evidence-based stroke guidelines as determined by national
16     organizations recognized for leadership and expertise in
17     evidence-based practices related to reducing the
18     occurrence, disabilities, and death associated with
19     stroke.
20         (3) The hospital is designated as a Primary Stroke
21     Center by the Department.
22     The Department may designate any hospital as a Primary
23 Stroke Center, provided that the Department's criteria for
24 Primary Stroke Center designation reflect the most recent
25 criteria established and are in keeping with the most recent

 

 

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1 evidence-based stroke guidelines as determined by national
2 organizations recognized for leadership and expertise in
3 evidence-based practices related to reducing the occurrence,
4 disabilities, and death associated with stroke.
5     (b) A Primary Stroke Center designation shall be for 2
6 years. The expiration date from the national designating
7 Primary Stroke Center body shall be adopted by the Department.
8 The Department shall establish the expiration date if the
9 Department makes the primary designation according to criteria
10 set forth in this amendatory Act of the 95th General Assembly.
11 Primary Stoke Centers requesting renewal of their designation
12 must file in writing, with the Department, their request for
13 renewal 60 days prior to the date on which their designation
14 expires. The Department shall re-designate a hospital as a
15 Primary Stroke Center every 2 years.
16     (c) Each hospital designated a Primary Stroke Center shall
17 notify the Department of its designation within 30 days after
18 receiving that designation. Each hospital shall notify the
19 Department if it ceases to be a Primary Stroke Center, within
20 30 days after it ceases having that designation.
21     (d) The Department shall have the authority to inspect
22 designated Primary Stroke Centers to ensure compliance with the
23 provisions of their designation. If the Department determines
24 that a violation has occurred, the Director shall determine the
25 seriousness of the violation and may either suspend or revoke a
26 Primary Stroke Center's designation.

 

 

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1     (e) The Department shall have the authority to investigate
2 any complaints made against a Primary Stroke Center and take
3 the following action as appropriate after determining that the
4 Primary Stroke Center is in violation of this Act:
5         (1) If the Director determines that the violation
6     presents a substantial probability that death or serious
7     physical harm will result and if the stroke center fails to
8     eliminate the violation immediately or within a fixed
9     period of time, the Director may immediately revoke the
10     trauma center designation. The Primary Stroke Center may
11     appeal the revocation within 15 days after receiving the
12     Director's revocation order.
13         (2) If the Director determines that the violation does
14     not present a substantial probability that death or serious
15     physical harm will result, the Director shall issue a
16     notice of violation and request a plan of correction which
17     shall be subject to the Department approval. The Primary
18     Stroke Center shall have 10 days after the receipt of the
19     notice of violation in which to submit the plan of
20     correction.
 
21     (210 ILCS 50/3.1020 new)
22     Sec. 3.1020. Primary Stroke Center; grants.
23     (a) In order to encourage and ensure the establishment and
24 retention of Primary Stroke Centers throughout the State, the
25 Director may award matching grants to hospitals that have been

 

 

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1 designated Primary Stroke Centers or that seek designation as
2 Primary Stroke Centers, to be used for necessary
3 infrastructure, including personnel and equipment, or to meet
4 the fee requirements for accreditation surveys in order to
5 satisfy the criteria for designation. A matching grant shall
6 not exceed $250,000 or 50% of the hospital's cost for the
7 necessary infrastructure, whichever is less.
8     (b) The Director may award grant monies to Primary Stroke
9 Centers for the purpose of developing a stroke system.
10     (c) A Primary Stroke Center or a hospital seeking
11 designation as a Primary Stroke Center may apply to the
12 Director for a matching grant in a manner and form designated
13 by the Director and shall provide information as the Director
14 deems necessary to determine whether the hospital is eligible
15 for the grant.
16     (d) Matching grant awards shall be made to Primary Stroke
17 Centers or to hospitals seeking designation as a Primary Stroke
18 Center, placing greatest priority on facilities in areas with
19 high stroke morbidity rates and achieving geographic diversity
20 where possible.
 
21     (210 ILCS 50/3.1025 new)
22     Sec. 3.1025. Primary Stroke Center; reporting.
23     (a) The Director shall, not later than July 1, 2010,
24 prepare and submit to the Governor, the President of the
25 Senate, and the Speaker of the House of Representatives a

 

 

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1 report indicating the total number of hospitals that have
2 applied for grants under Section 3.1020 of this Act, the
3 project for which the application was submitted, the number of
4 those applicants that have been found eligible for the grants,
5 the total number of grants awarded, the name and address of
6 each grantee, and the amount of the award issued to each
7 grantee.
8     (b) The Director shall, not later than September 1, 2009,
9 prepare and submit to the Governor, the President of the
10 Senate, and the Speaker of the House of Representatives a
11 report indicating, as of August 1, 2009, the total number of
12 hospitals that have attained Primary Stroke Center designation
13 and the accrediting bodies through which Primary Stroke Center
14 designations were attained.
15     (c) By September 1, 2009, the Director shall send the list
16 of designated Primary Stroke Centers to all Resource Hospital
17 EMS Medical Directors in this State and shall post a list of
18 designated Primary Stroke Centers on the Department's website.
19     (d) The Department shall add Primary Stroke Centers
20 immediately to the website listing upon notice to the
21 Department; any Primary Stroke Center whose designation is
22 revoked shall be removed from the website listing immediately
23 upon notice to the Department.
24     (e) The Department shall administer a data collection
25 system to collect data reported by Primary Stroke Centers to
26 the Joint Commission or other accrediting body as required to

 

 

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1 fulfill Primary Stroke Center designation requirements. The
2 Department shall work with each Primary Stroke Center to
3 capture information using existing electronic reporting tools
4 used for accreditation purposes. Nothing in this Section shall
5 be construed to empower the Department to specify the form of
6 internal recordkeeping. The data collection system and data
7 collected shall comply with the following requirements:
8         (1) The confidentiality of patient records shall be
9     maintained in accordance with State and federal
10     regulations on the confidentiality of records.
11         (2) Hospitals shall not be required to submit financial
12     information that is proprietary in nature and unrelated to
13     the scope or purposes of this Act.
14         (3) Information submitted to the Department shall be
15     privileged and strictly confidential and shall be used only
16     for medical research and the evaluation and improvement of
17     quality care. The identity, or any group of facts that
18     tends to lead to the identity, of any person or facility is
19     confidential and shall not be open to public inspection or
20     dissemination. Data submitted to the Department pursuant
21     to this Act shall not be a public record within the meaning
22     of the Illinois Freedom of Information Act. The Director
23     shall submit standards or guidelines for ensuring the
24     protection of data collected by the Department to the
25     General Assembly for approval pursuant to Section 3.1045 of
26     this Act.

 

 

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1         (4) Primary Stroke Centers may provide complete copies
2     of the same reports they submit to the Joint Commission or
3     other accrediting body. The Department shall access this
4     information directly from an accrediting body provided
5     that the Primary Stroke Center has granted the Department
6     permission to do so. The Department shall provide the
7     Primary Stroke Center with a copy of the data received from
8     the accreditation body so the Primary Stroke Center can
9     verify its accuracy.
10         (5) The aggregate data shall be made available to any
11     and all government agencies or contractors of government
12     agencies that have responsibility for the management and
13     administration of emergency medical services throughout
14     the State.
15         (6) The Department shall compile the data and report it
16     in aggregate form to be posted annually on its website. The
17     results of this report may be used by the EMS Regions and
18     the Department to conduct training regarding best
19     practices in the treatment of stroke.
20         (7) The data specific to a Primary Stroke Center shall
21     be made available only if that Primary Stroke Center
22     provides the Department with written authorization for the
23     release of the data.
 
24     (210 ILCS 50/3.1030 new)
25     Sec. 3.1030. Emergency medical services providers; triage

 

 

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1 and transportation of a possible acute stroke patient to a
2 Primary Stroke Center.
3     (a) The Director shall develop a working group to advise
4 the Department on Primary Stoke Center Systems. This work group
5 shall have representation from the following groups: EMS
6 Medical Directors; neurologists from accredited Primary Stroke
7 Centers; EMS Coordinators; the Illinois Fire Chiefs
8 Association; private ambulance providers; and a representative
9 from the State Emergency Medical Services Advisory Council.
10 This group shall also develop and submit a statewide stroke
11 assessment tool to the Department for final approval. Once the
12 tool has been approved, a copy shall be disseminated to all EMS
13 Systems for adoption no later than January 15, 2010. The
14 Director must post this stroke assessment tool on the
15 Department's website. Each EMS System must use a stroke-triage
16 assessment tool that conforms with and is substantially similar
17 to the sample stroke-triage assessment tool provided by the
18 Department.
19     (b) The Director shall work with EMS System Medical
20 Directors and Regional Stroke Center Systems to establish
21 protocols related to the assessment, treatment, and transport
22 of possible acute stroke patients by licensed emergency medical
23 services providers. These protocols shall include regional
24 transport plans for the triage and transport of possible acute
25 stroke patients to the most appropriate facility, which may
26 include the bypass of health care facilities not designated as

 

 

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1 Primary Stroke Centers when it is appropriate to do so.
2     (c) Each EMS System in the State shall comply with the
3 protocols established by the EMS Region related to the
4 assessment, treatment, and transport of possible acute stroke
5 patients by licensed emergency medical services providers in
6 the State and with all of the Sections of this Act by March 1,
7 2010.
8     (d) Each EMS System must address the items described in
9 subsections (a) through (c) of this Section through the
10 established quality improvement and patient outcome reviews as
11 provided in the EMS Region Plan.
 
12     (210 ILCS 50/3.1035 new)
13     Sec. 3.1035. Primary Stroke Center; restricted practices.
14 This Act is not a medical practice guideline and may not be
15 used to restrict the authority of a hospital to provide
16 services for which it has received a license under State law.
17 The General Assembly intends that all patients be treated
18 individually based on each patient's needs and circumstances.
 
19     (210 ILCS 50/3.1040 new)
20     Sec. 3.1040. Primary Stroke Center; authorization to
21 advertise. A person may not claim or advertise to the public,
22 by way of any medium whatsoever, that a hospital is a Primary
23 Stroke Center unless the hospital is designated a Primary
24 Stroke Center in accordance with this Act.
 

 

 

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1     (210 ILCS 50/3.1045 new)
2     Sec. 3.1045. No authority to make or promulgate rules.
3 Notwithstanding any other rulemaking authority that may exist,
4 neither the Governor nor any agency or agency head under the
5 jurisdiction of the Governor has any authority to make or
6 promulgate rules to implement or enforce the provisions of this
7 amendatory Act of the 95th General Assembly. If, however, the
8 Governor believes that rules are necessary to implement or
9 enforce the provisions of this amendatory Act of the 95th
10 General Assembly, the Governor may suggest rules to the General
11 Assembly by filing them with the Clerk of the House and
12 Secretary of the Senate and by requesting that the General
13 Assembly authorize such rulemaking by law, enact those
14 suggested rules into law, or take any other appropriate action
15 in the General Assembly's discretion. Nothing contained in this
16 amendatory Act of the 95th General Assembly shall be
17 interpreted to grant rulemaking authority under any other
18 Illinois statute where such authority is not otherwise
19 explicitly given. For the purposes of this amendatory Act of
20 the 95th General Assembly, "rules" is given the meaning
21 contained in Section 1-70 of the Illinois Administrative
22 Procedure Act, and "agency" and "agency head" are given the
23 meanings contained in Sections 1-20 and 1-25 of the Illinois
24 Administrative Procedure Act to the extent that such
25 definitions apply to agencies or agency heads under the

 

 

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1 jurisdiction of the Governor.
 
2     Section 99. Effective date. This Act takes effect upon
3 becoming law.".