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


Rep. Grant Wehrli

Filed: 4/4/2016





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2    AMENDMENT NO. ______. Amend House Bill 4388 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Emergency Medical Services (EMS) Systems
5Act 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 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



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1    part of the EMS System;
2        (2) is wholly owned or controlled by an Associate or
3    Resource Hospital, but is not a part of the hospital's
4    physical plant;
5        (3) meets the standards for licensed FECs, adopted by
6    rule of the Department, including, but not limited to:
7            (A) facility design, specification, operation, and
8        maintenance standards;
9            (B) equipment standards; and
10            (C) the number and qualifications of emergency
11        medical personnel and other staff, which must include
12        at least one board certified emergency physician
13        present at the FEC 24 hours per day.
14        (4) limits its participation in the EMS System strictly
15    to receiving a limited number of patients by ambulance: (A)
16    BLS runs by emergency medical vehicles according to the
17    FEC's 24-hour capabilities; (B) according to protocols
18    developed by the Resource Hospital within the FEC's
19    designated EMS System; and (C) as pre-approved by both the
20    EMS Medical Director and the Department and approved by the
21    Project Medical Director and the Department;
22        (5) provides comprehensive emergency treatment
23    services, as defined in the rules adopted by the Department
24    pursuant to the Hospital Licensing Act, 24 hours per day,
25    on an outpatient basis;
26        (6) provides an ambulance and maintains on site



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1    ambulance services staffed with paramedics 24 hours per
2    day;
3        (7) (blank);
4        (8) complies with all State and federal patient rights
5    provisions, including, but not limited to, the Emergency
6    Medical Treatment Act and the federal Emergency Medical
7    Treatment and Active Labor Act;
8        (9) maintains a communications system that is fully
9    integrated with its Resource Hospital within the FEC's
10    designated EMS System;
11        (10) reports to the Department any patient transfers
12    from the FEC to a hospital within 48 hours of the transfer
13    plus any other data determined to be relevant by the
14    Department;
15        (11) submits to the Department, on a quarterly basis,
16    the FEC's morbidity and mortality rates for patients
17    treated at the FEC and other data determined to be relevant
18    by the Department;
19        (12) does not describe itself or hold itself out to the
20    general public as a full service hospital or hospital
21    emergency department in its advertising or marketing
22    activities;
23        (13) complies with any other rules adopted by the
24    Department under this Act that relate to FECs;
25        (14) passes the Department's site inspection for
26    compliance with the FEC requirements of this Act;



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1        (15) submits a copy of the permit issued by the Health
2    Facilities and Services Review Board indicating that the
3    facility has complied with the Illinois Health Facilities
4    Planning Act with respect to the health services to be
5    provided at the facility;
6        (16) submits an application for designation as an FEC
7    in a manner and form prescribed by the Department by rule;
8    and
9        (17) pays the annual license fee as determined by the
10    Department by rule.
11    (a-5) Notwithstanding any other provision of this Section,
12the Department may issue an annual FEC license to a facility
13that is located in a county that does not have a licensed
14general acute care hospital if the facility's application for a
15permit from the Illinois Health Facilities Planning Board has
16been deemed complete by the Department of Public Health by
17January 1, 2014 and if the facility complies with the
18requirements set forth in paragraphs (1) through (17) of
19subsection (a).
20    (a-10) Notwithstanding any other provision of this
21Section, the Department may issue an annual FEC license to a
22facility if the facility has, by January 1, 2014, filed a
23letter of intent to establish an FEC and if the facility
24complies with the requirements set forth in paragraphs (1)
25through (17) of subsection (a).
26    (a-15) Notwithstanding any other provision of this



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1Section, the Department shall issue an annual FEC license to a
2facility if the facility: (i) discontinues operation as a
3hospital within 180 days after the effective date of this
4amendatory Act of the 99th General Assembly with a Health
5Facilities and Services Review Board project number of
6E-017-15; (ii) has an application for a permit to establish an
7FEC from the Health Facilities and Services Review Board that
8is deemed complete by January 1, 2017; and (iii) complies with
9the requirements set forth in paragraphs (1) through (17) of
10subsection (a) of this Section.
11    (b) The Department shall:
12        (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);
16        (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;
22        (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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1    initiated after an Emergency Suspension Order has been
2    issued; and
3        (4) adopt rules as needed to implement this Section.
4(Source: P.A. 99-490, eff. 12-4-15.)
5    Section 99. Effective date. This Act takes effect upon
6becoming law.".