Public Act 099-0710
 
HB4388 EnrolledLRB099 15468 RPS 39754 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    Section 5. The Emergency Medical Services (EMS) Systems Act 
is amended  by changing Section 32.5 as follows:
 



    (210 ILCS 50/32.5)



    Sec. 32.5. Freestanding Emergency Center. 

    (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 by 
January 1, 2015, and:


        (1) is located: (A) in a municipality with
a population

    of 50,000 or fewer inhabitants; (B) within 50 miles of the

    hospital that owns or controls the FEC; and (C) within 50 
    miles of the Resource
Hospital affiliated with the FEC as 
    part of the EMS System;


        (2) is wholly owned or controlled by an Associate or 
    Resource Hospital,
but is not a part of the hospital's 
    physical plant;


        (3) meets the standards for licensed FECs, adopted by 
    rule of the
Department, including, but not limited to:


            (A) facility design, specification, operation, and 
        maintenance
standards;


            (B) equipment standards; and


            (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.


        (4) limits its participation in the EMS System strictly 
    to receiving a
limited number of patients by ambulance: (A) 
    BLS runs by emergency medical vehicles according to the 
    FEC's 24-hour capabilities; (B) according to protocols

    developed by the Resource Hospital within the FEC's

    designated EMS System; and (C) as pre-approved by both the 
    EMS Medical Director and the Department and approved by the 
    Project Medical Director and the
Department;


        (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;


        (6) provides an ambulance and
maintains on site 
    ambulance services staffed with paramedics 24 hours per 
    day;


        (7) (blank);


        (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;


        (9) maintains a communications system that is fully 
    integrated with
its Resource Hospital within the FEC's 
    designated EMS System;


        (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;


        (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;


        (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

    activities;


        (13) complies with any other rules adopted by the

    Department
under this Act that relate to FECs;


        (14) passes the Department's site inspection for 
    compliance with the FEC
requirements of this Act;


        (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;


        (16) submits an application for designation as an FEC 
    in a manner and form
prescribed by the Department by rule; 
    and



        (17) pays the annual license fee as determined by the 
    Department by
rule.

    (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 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, 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). 
    (a-15)   Notwithstanding any other provision of this 
Section, the Department shall issue an
annual FEC license to a 
facility if the facility: (i) discontinues operation as a 
hospital within 180 days after the effective date of this 
amendatory Act of the 99th General Assembly with a Health 
Facilities and Services Review Board project number  of 
E-017-15; (ii) has an application for a permit to establish an 
FEC from the Health Facilities and Services Review Board that 
is deemed complete by January 1, 2017; and (iii) complies with 
the requirements set forth in paragraphs (1) through (17) of 
subsection (a) of this Section.
    (b) The Department shall:


        (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);


        (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 
    the FEC has failed to comply with the standards and 
    requirements of the
Act or rules adopted by the Department 
    under the
Act;


        (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


        (4) adopt rules as needed to implement this Section.

(Source: P.A. 99-490, eff. 12-4-15.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law. 
  

Effective Date:  8/5/2016