Public Act 103-0784
 
HB0581 EnrolledLRB103 04166 CPF 49172 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. The Hospital Emergency Service Act is amended 
by changing Section 1 and by adding Sections 2.1 and 40 as 
follows:
 
    (210 ILCS 80/1)  (from Ch. 111 1/2, par. 86)
    Sec. 1. Requirements to provide emergency medical care.  
    (a) Every hospital required to be licensed by the 
Department of Public Health pursuant to the Hospital Licensing 
Act which provides general medical and surgical hospital 
services, except long-term acute care hospitals and 
rehabilitation hospitals identified in Section 1.3 of this 
Act, shall provide a hospital emergency service in accordance 
with rules and regulations adopted by the Department of Public 
Health and shall furnish such hospital emergency services to 
any applicant who applies for the same in case of injury or 
acute medical condition where the same is liable to cause 
death or severe injury or serious illness. For purposes of 
this Act, "applicant" includes any person who presents at the 
hospital or who is brought to a hospital by ambulance or 
specialized emergency medical services vehicle as defined in 
the Emergency Medical Services (EMS) Systems Act. Hospitals 
shall furnish hospital emergency services, including as 
described in subsections (b-1) and (b-2), in accordance with 
the procedures required by the federal Emergency Medical 
Treatment and Active Labor Act (EMTALA), including, but not 
limited to, medical screening, the provision of necessary 
stabilizing treatment, procedures for refusals to consent, 
restricting transfers until the individual is stabilized, 
appropriate transfers of patients, nondiscrimination, no delay 
in examination or treatment, and whistleblower protections. 
    (b-1) For purposes of this Act, "injury or acute medical 
condition where the same is liable to cause death or severe 
injury or serious illness" includes, but is not limited to, 
when a pregnant patient is experiencing ectopic pregnancy, 
complications of pregnancy loss, risks to future fertility, 
previable preterm premature rupture of membranes (PPROM), or 
emergent hypertensive disorders, such as preeclampsia. 
    (b-2) For purposes of this Act, "stabilizing treatment" 
includes abortion when abortion is necessary to resolve the 
patient's injury or acute medical condition that is liable to 
cause death or severe injury or serious illness. 
    (c) The amendments to this Section are declarative of 
existing law. 
    (d) Nothing in this Section shall be construed to alter 
existing legal statuses and rights. 
(Source: P.A. 97-667, eff. 1-13-12; 98-683, eff. 6-30-14.)
 
    (210 ILCS 80/2.1 new)
    Sec. 2.1. Department investigations. The Department shall 
also have the authority to investigate violations of this Act, 
which may include a medical clinical review by a physician, 
and to issue a minimum monetary penalty of $50,000 for 
violating this Act. The Department shall adopt rules for 
purposes of enforcing this Act and identifying factors to be 
considered when issuing a monetary penalty. The Department may 
assess a fine under this Section only if there are no fines 
assessed for the violation by the federal government.
 
    (210 ILCS 80/40 new)
    Sec. 40. Severability. The provisions of this Act are 
severable under Section 1.31 of the Statute on Statutes.
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.