Illinois General Assembly - Full Text of HB4388
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Full Text of HB4388  99th General Assembly




HB4388 EnrolledLRB099 15468 RPS 39754 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 Emergency Medical Services (EMS) Systems Act
5is 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
17    part of the EMS System;
18        (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



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1        maintenance standards;
2            (B) equipment standards; and
3            (C) the number and qualifications of emergency
4        medical personnel and other staff, which must include
5        at least one board certified emergency physician
6        present at the FEC 24 hours per day.
7        (4) limits its participation in the EMS System strictly
8    to receiving a limited number of patients by ambulance: (A)
9    BLS runs by emergency medical vehicles according to the
10    FEC's 24-hour capabilities; (B) according to protocols
11    developed by the Resource Hospital within the FEC's
12    designated EMS System; and (C) as pre-approved by both the
13    EMS Medical Director and the Department and approved by the
14    Project Medical Director and the 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    (a-5) Notwithstanding any other provision of this Section,
5the Department may issue an annual FEC license to a facility
6that is located in a county that does not have a licensed
7general acute care hospital if the facility's application for a
8permit from the Illinois Health Facilities Planning Board has
9been deemed complete by the Department of Public Health by
10January 1, 2014 and if the facility complies with the
11requirements set forth in paragraphs (1) through (17) of
12subsection (a).
13    (a-10) Notwithstanding any other provision of this
14Section, the Department may issue an annual FEC license to a
15facility if the facility has, by January 1, 2014, filed a
16letter of intent to establish an FEC and if the facility
17complies with the requirements set forth in paragraphs (1)
18through (17) of subsection (a).
19    (a-15) Notwithstanding any other provision of this
20Section, the Department shall issue an annual FEC license to a
21facility if the facility: (i) discontinues operation as a
22hospital within 180 days after the effective date of this
23amendatory Act of the 99th General Assembly with a Health
24Facilities and Services Review Board project number of
25E-017-15; (ii) has an application for a permit to establish an
26FEC from the Health Facilities and Services Review Board that



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1is deemed complete by January 1, 2017; and (iii) complies with
2the requirements set forth in paragraphs (1) through (17) of
3subsection (a) of this Section.
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. 99-490, eff. 12-4-15.)
24    Section 99. Effective date. This Act takes effect upon
25becoming law.