Full Text of HB0581 103rd General Assembly
HB0581ham001 103RD GENERAL ASSEMBLY | Rep. Dagmara Avelar Filed: 5/14/2024 | | 10300HB0581ham001 | | LRB103 04166 LNS 73391 a |
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| 1 | | AMENDMENT TO HOUSE BILL 581
| 2 | | AMENDMENT NO. ______. Amend House Bill 581 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Hospital Emergency Service Act is amended | 5 | | by changing Sections 1 and 2 and by adding Sections 3 and 97 as | 6 | | follows: | 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 | 10 | | Department of Public Health pursuant to the Hospital Licensing | 11 | | Act which provides general medical and surgical hospital | 12 | | services, except long-term acute care hospitals and | 13 | | rehabilitation hospitals identified in Section 1.3 of this | 14 | | Act, shall provide a hospital emergency service in accordance | 15 | | with rules and regulations adopted by the Department of Public | 16 | | Health and in accordance with the procedures required by the |
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| 1 | | federal Emergency Medical Treatment and Active Labor Act, | 2 | | including, but not limited to, medical screening, the | 3 | | provision of necessary stabilizing treatment, procedures for | 4 | | refusals to consent, restricting transfers until the | 5 | | individual is stabilized, appropriate transfers of patients, | 6 | | nondiscrimination, no delay in examination or treatment, and | 7 | | whistleblower protections, and shall furnish such hospital | 8 | | emergency services to any applicant who applies for the same | 9 | | in case of injury or acute medical condition where the same is | 10 | | liable to cause death or severe injury or serious illness. | 11 | | (b) For purposes of this Act : , "applicant" | 12 | | "Applicant" includes any person who presents at the | 13 | | hospital or who is brought to a hospital by ambulance or | 14 | | specialized emergency medical services vehicle as defined in | 15 | | the Emergency Medical Services (EMS) Systems Act. | 16 | | "Hospital emergency service" includes abortion when | 17 | | abortion is the stabilizing treatment necessary to resolve the | 18 | | patient's injury or acute medical condition that is liable to | 19 | | cause death or severe injury or serious illness. | 20 | | "Injury or acute medical condition where the same is | 21 | | liable to cause death or severe injury or serious illness" | 22 | | includes, but is not limited to, when a pregnant patient is | 23 | | experiencing ectopic pregnancy, complications of pregnancy | 24 | | loss, risks to future fertility, previable preterm premature | 25 | | rupture of membranes (PPROM), or emergent hypertensive | 26 | | disorders, such as preeclampsia. |
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| 1 | | (c) The amendments to this Section are declarative of | 2 | | existing law. Nothing in this Section shall be construed to | 3 | | alter existing legal statutes and rights. | 4 | | (Source: P.A. 97-667, eff. 1-13-12; 98-683, eff. 6-30-14.) | 5 | | (210 ILCS 80/2) (from Ch. 111 1/2, par. 87) | 6 | | Sec. 2. Violations. Any hospital or other person violating | 7 | | any of the provisions of this Act or refusing to perform any | 8 | | duties imposed by this Act shall be guilty of a business | 9 | | offense and subject to a fine not exceeding $10,000 for each | 10 | | violation, and any fine imposed shall be paid into the general | 11 | | corporate funds of the city, incorporated town, or village in | 12 | | which the hospital is located, or of the county, in case such | 13 | | hospital is outside the limits of any incorporated | 14 | | municipality. | 15 | | The Department of Public Health shall also have the | 16 | | authority to investigate violations of this Act, including a | 17 | | medical clinical review by a physician, and issue a minimum | 18 | | monetary penalty of $50,000 for violating this Act. The | 19 | | Department of Public Health shall adopt rules for purposes of | 20 | | enforcing this Act and identifying factors to be considered | 21 | | when issuing a monetary penalty. | 22 | | (Source: P.A. 81-1518.) | 23 | | (210 ILCS 80/3 new) | 24 | | Sec. 3. Private right of action. |
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| 1 | | (a) A patient who is aggrieved by a violation of Section 1 | 2 | | shall have a right of action in a State circuit court or as a | 3 | | supplemental claim in federal district court against the | 4 | | hospital. A prevailing party may recover: | 5 | | (1) all remedies available by law; | 6 | | (2) reasonable attorney's fees and costs, including | 7 | | expert witness fees and other litigation expenses; and | 8 | | (3) other relief, including an injunction, as the | 9 | | State or federal court may deem appropriate. | 10 | | (b) An action under this Section must be brought not later | 11 | | than 2 years after the violation of Section 1 has occurred. | 12 | | (210 ILCS 80/97 new) | 13 | | Sec. 97. Severability. The provisions of this Act are | 14 | | severable under Section 1.31 of the Statute on Statutes. | 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.". |
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