Illinois General Assembly - Full Text of HB0581
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB0581  103rd General Assembly


Rep. Dagmara Avelar

Filed: 5/15/2024





10300HB0581ham002LRB103 04166 LNS 73502 a


2    AMENDMENT NO. ______. Amend House Bill 581 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Hospital Emergency Service Act is amended
5by changing Section 1 and by adding Sections 2.1 and 40 as
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
10Department of Public Health pursuant to the Hospital Licensing
11Act which provides general medical and surgical hospital
12services, except long-term acute care hospitals and
13rehabilitation hospitals identified in Section 1.3 of this
14Act, shall provide a hospital emergency service in accordance
15with rules and regulations adopted by the Department of Public
16Health and shall furnish such hospital emergency services to



10300HB0581ham002- 2 -LRB103 04166 LNS 73502 a

1any applicant who applies for the same in case of injury or
2acute medical condition where the same is liable to cause
3death or severe injury or serious illness. For purposes of
4this Act, "applicant" includes any person who presents at the
5hospital or who is brought to a hospital by ambulance or
6specialized emergency medical services vehicle as defined in
7the Emergency Medical Services (EMS) Systems Act. Hospitals
8shall furnish hospital emergency services, including as
9described in subsections (b-1) and (b-2), in accordance with
10the procedures required by the federal Emergency Medical
11Treatment and Active Labor Act (EMTALA), including, but not
12limited to, medical screening, the provision of necessary
13stabilizing treatment, procedures for refusals to consent,
14restricting transfers until the individual is stabilized,
15appropriate transfers of patients, nondiscrimination, no delay
16in examination or treatment, and whistleblower protections.
17    (b-1) For purposes of this Act, "injury or acute medical
18condition where the same is liable to cause death or severe
19injury or serious illness" includes, but is not limited to,
20when a pregnant patient is experiencing ectopic pregnancy,
21complications of pregnancy loss, risks to future fertility,
22previable preterm premature rupture of membranes (PPROM), or
23emergent hypertensive disorders, such as preeclampsia.
24    (b-2) For purposes of this Act, "stabilizing treatment"
25includes abortion when abortion is necessary to resolve the
26patient's injury or acute medical condition that is liable to



10300HB0581ham002- 3 -LRB103 04166 LNS 73502 a

1cause death or severe injury or serious illness.
2    (c) The amendments to this Section are declarative of
3existing law.
4    (d) Nothing in this Section shall be construed to alter
5existing legal statuses and rights.
6(Source: P.A. 97-667, eff. 1-13-12; 98-683, eff. 6-30-14.)
7    (210 ILCS 80/2.1 new)
8    Sec. 2.1. Department investigations. The Department shall
9also have the authority to investigate violations of this Act,
10which may include a medical clinical review by a physician,
11and to issue a minimum monetary penalty of $50,000 for
12violating this Act. The Department shall adopt rules for
13purposes of enforcing this Act and identifying factors to be
14considered when issuing a monetary penalty. The Department may
15assess a fine under this Section only if there are no fines
16assessed for the violation by the federal government.
17    (210 ILCS 80/40 new)
18    Sec. 40. Severability. The provisions of this Act are
19severable under Section 1.31 of the Statute on Statutes.
20    Section 99. Effective date. This Act takes effect upon
21becoming law.".