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92_HB5218sam001
LRB9211834LDtmam
1 AMENDMENT TO HOUSE BILL 5218
2 AMENDMENT NO. . Amend House Bill 5218 by replacing
3 the title with the following:
4 "AN ACT concerning emergency services."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Emergency Medical Services (EMS) Systems
8 Act is amended by changing Section 32.5 as follows:
9 (210 ILCS 50/32.5)
10 Sec. 32.5. Freestanding Emergency Center; demonstration
11 program.
12 (a) The Department shall issue an annual Freestanding
13 Emergency Center (FEC) license to any facility that:
14 (1) is located: (i)(A) in a municipality with a
15 population of 75,000 60,000 or fewer inhabitants; (B)
16 within 15 miles of the hospital that owns or controls the
17 FEC; and (C) within 10 miles of the Resource Hospital
18 affiliated with the FEC as part of the EMS System; or
19 (ii) either (A) in a municipality that has a hospital
20 that has been providing emergency services but is
21 expected to close by the end of 1997 and or (B) in a
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1 county with a population of more than 350,000 but less
2 than 525,000 500,000 inhabitants; (iii) within 15 miles
3 of the hospital that owns or controls the FEC; and (iv)
4 within 10 miles of the Resource Hospital affiliated with
5 the FEC as part of the EMS System;
6 (2) is wholly owned or controlled by an Associate
7 or Resource Hospital, but is not a part of the hospital's
8 physical plant;
9 (3) meets the standards for licensed FECs, adopted
10 by rule of the Department, including, but not limited to:
11 (A) facility design, specification, operation,
12 and maintenance standards;
13 (B) equipment standards; and
14 (C) the number and qualifications of emergency
15 medical personnel and other staff, which must
16 include at least one board certified emergency
17 physician present at the FEC 24 hours per day.
18 (4) limits its participation in the EMS System
19 strictly to receiving a limited number of BLS runs by
20 emergency medical vehicles according to protocols
21 developed by the Resource Hospital within the FEC's
22 designated EMS System and approved by the Project Medical
23 Director and the Department;
24 (5) provides comprehensive emergency treatment
25 services, as defined in the rules adopted by the
26 Department pursuant to the Hospital Licensing Act, 24
27 hours per day, on an outpatient basis;
28 (6) provides an ambulance and maintains on site
29 ambulance services staffed with paramedics 24 hours per
30 day;
31 (7) maintains helicopter landing capabilities
32 approved by appropriate State and federal authorities;
33 (8) complies with all State and federal patient
34 rights provisions, including, but not limited to, the
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1 Emergency Medical Treatment Act and the federal Emergency
2 Medical Treatment and Active Labor Act;
3 (9) maintains a communications system that is fully
4 integrated with its Resource Hospital within the FEC's
5 designated EMS System;
6 (10) reports to the Department any patient
7 transfers from the FEC to a hospital within 48 hours of
8 the transfer plus any other data determined to be
9 relevant by the Department;
10 (11) submits to the Department, on a quarterly
11 basis, the FEC's morbidity and mortality rates for
12 patients treated at the FEC and other data determined to
13 be relevant by the Department;
14 (12) does not describe itself or hold itself out to
15 the general public as a full service hospital or hospital
16 emergency department in its advertising or marketing
17 activities;
18 (13) complies with any other rules adopted by the
19 Department under this Act that relate to FECs;
20 (14) passes the Department's site inspection for
21 compliance with the FEC requirements of this Act;
22 (15) submits a copy of a certificate of need or
23 other permit issued by the Illinois Health Facilities
24 Planning Board indicating that the facility that will
25 house the proposed FEC complies with State health
26 planning laws; provided, however, that the Illinois
27 Health Facilities Planning Board shall waive this
28 certificate of need or permit requirement for any
29 proposed FEC that, as of the effective date of this
30 amendatory Act of 1996, meets the criteria for providing
31 comprehensive emergency treatment services, as defined by
32 the rules promulgated under the Hospital Licensing Act,
33 but is not a licensed hospital;
34 (16) submits an application for designation as an
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1 FEC in a manner and form prescribed by the Department by
2 rule; and
3 (17) pays the annual license fee as determined by
4 the Department by rule; and.
5 (18) participated in the demonstration program.
6 (b) The Department shall:
7 (1) annually inspect facilities of initial FEC
8 applicants and licensed FECs, and issue annual licenses
9 to or annually relicense FECs that satisfy the
10 Department's licensure requirements as set forth in
11 subsection (a);
12 (2) suspend, revoke, refuse to issue, or refuse to
13 renew the license of any FEC, after notice and an
14 opportunity for a hearing, when the Department finds that
15 the FEC has failed to comply with the standards and
16 requirements of the Act or rules adopted by the
17 Department under the Act;
18 (3) issue an Emergency Suspension Order for any FEC
19 when the Director or his or her designee has determined
20 that the continued operation of the FEC poses an
21 immediate and serious danger to the public health,
22 safety, and welfare. An opportunity for a hearing shall
23 be promptly initiated after an Emergency Suspension Order
24 has been issued; and
25 (4) adopt rules as needed to implement this
26 Section.
27 (c) The FEC demonstration program shall be conducted for
28 an initial review period concluding on September 1, 2001.
29 If, by that date, the Department determines that the
30 demonstration program is operating in a manner consistent
31 with the purposes of this Act, the program shall continue and
32 sunset on September 1, 2003. The Department shall submit a
33 report concerning the effectiveness of the demonstration
34 program to the General Assembly by September 1, 2002.
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1 An FEC license issued pursuant to this Section shall
2 expire upon the termination of the demonstration program.
3 (Source: P.A. 90-67, eff. 7-8-97; 91-385, eff. 7-30-99.)".