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Public Act 097-1112
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| HB5142 Enrolled | LRB097 16739 DRJ 61914 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Emergency Medical Services (EMS) Systems Act |
is amended by changing Section 32.5 as follows:
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(210 ILCS 50/32.5)
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Sec. 32.5. Freestanding Emergency Center.
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(a) The Department shall issue an annual Freestanding |
Emergency Center (FEC)
license to any facility that has |
received a permit from the Health Facilities and Services |
Review Board to establish a Freestanding Emergency Center if |
the application for the permit has been deemed complete by the |
Department of Public Health by January 1, 2015 March 1, 2009, |
and:
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(1) is located: (A) in a municipality with
a population
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of 50,000 75,000 or fewer inhabitants; (B) within 50 20 |
miles of the
hospital that owns or controls the FEC; and |
(C) within 50 20 miles of the Resource
Hospital affiliated |
with the FEC as part of the EMS System;
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(2) is wholly owned or controlled by an Associate or |
Resource Hospital,
but is not a part of the hospital's |
physical plant;
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(3) meets the standards for licensed FECs, adopted by |
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rule of the
Department, including, but not limited to:
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(A) facility design, specification, operation, and |
maintenance
standards;
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(B) equipment standards; and
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(C) the number and qualifications of emergency |
medical personnel and
other staff, which must include |
at least one board certified emergency
physician |
present at the FEC 24 hours per day.
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(4) limits its participation in the EMS System strictly |
to receiving a
limited number of BLS runs by emergency |
medical vehicles according to protocols
developed by the |
Resource Hospital within the FEC's
designated EMS System |
and approved by the Project Medical Director and the
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Department;
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(5) provides comprehensive emergency treatment |
services, as defined in the
rules adopted by the Department |
pursuant to the Hospital Licensing Act, 24
hours per day, |
on an outpatient basis;
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(6) provides an ambulance and
maintains on site |
ambulance services staffed with paramedics 24 hours per |
day;
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(7) (blank);
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(8) complies with all State and federal patient rights |
provisions,
including, but not limited to, the Emergency |
Medical Treatment Act and the
federal Emergency
Medical |
Treatment and Active Labor Act;
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(9) maintains a communications system that is fully |
integrated with
its Resource Hospital within the FEC's |
designated EMS System;
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(10) reports to the Department any patient transfers |
from the FEC to a
hospital within 48 hours of the transfer |
plus any other
data
determined to be relevant by the |
Department;
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(11) submits to the Department, on a quarterly basis, |
the FEC's morbidity
and mortality rates for patients |
treated at the FEC and other data determined
to be relevant |
by the Department;
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(12) does not describe itself or hold itself out to the |
general public as
a full service hospital or hospital |
emergency department in its advertising or
marketing
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activities;
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(13) complies with any other rules adopted by the
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Department
under this Act that relate to FECs;
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(14) passes the Department's site inspection for |
compliance with the FEC
requirements of this Act;
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(15) submits a copy of the permit issued by
the Health |
Facilities and Services Review Board indicating that the |
facility has complied with the Illinois Health Facilities |
Planning Act with respect to the health services to be |
provided at the facility;
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(16) submits an application for designation as an FEC |
in a manner and form
prescribed by the Department by rule; |
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and
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(17) pays the annual license fee as determined by the |
Department by
rule.
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(a-5) Notwithstanding any other provision of this Section, |
the Department may issue an annual FEC license to a facility |
that is located in a county that does not have a licensed |
general acute care hospital if the facility's application for a |
permit from the Illinois Health Facilities Planning Board has |
been deemed complete by the Department of Public Health by |
January 1, 2014 March 1, 2009 and if the facility complies with |
the requirements set forth in paragraphs (1) through (17) of |
subsection (a). |
(a-10) Notwithstanding any other provision of this |
Section, the Department may issue an annual FEC license to a |
facility if the facility has, by January 1, 2014, March 31, |
2009, filed a letter of intent to establish an FEC and if the |
facility complies with the requirements set forth in paragraphs |
(1) through (17) of subsection (a). |
(b) The Department shall:
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(1) annually inspect facilities of initial FEC |
applicants and licensed
FECs, and issue
annual licenses to |
or annually relicense FECs that
satisfy the Department's |
licensure requirements as set forth in subsection (a);
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(2) suspend, revoke, refuse to issue, or refuse to |
renew the license of
any
FEC, after notice and an |
opportunity for a hearing, when the Department finds
that |
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the FEC has failed to comply with the standards and |
requirements of the
Act or rules adopted by the Department |
under the
Act;
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(3) issue an Emergency Suspension Order for any FEC |
when the
Director or his or her designee has determined |
that the continued operation of
the FEC poses an immediate |
and serious danger to
the public health, safety, and |
welfare.
An opportunity for a
hearing shall be promptly |
initiated after an Emergency Suspension Order has
been |
issued; and
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(4) adopt rules as needed to implement this Section.
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(Source: P.A. 96-23, eff. 6-30-09; 96-31, eff. 6-30-09; 96-883, |
eff. 3-1-10; 96-1000, eff. 7-2-10; 97-333, eff. 8-12-11.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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