TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER f: EMERGENCY SERVICES AND HIGHWAY SAFETY
PART 515 EMERGENCY MEDICAL SERVICES, TRAUMA CENTER, COMPREHENSIVE STROKE CENTER, PRIMARY STROKE CENTER AND ACUTE STROKE READY HOSPITAL CODE
SECTION 515.455 INTRA- AND INTER-SYSTEM DISPUTE RESOLUTION


 

Section 515.455  Intra- and Inter-system Dispute Resolution

 

a)         If the Director determines that a dispute  exists between an EMS System, Vehicle Service Provider, Advisory Committee, hospital, or EMS MD or between any combination of any elements of these entities and the dispute causes an imminent threat to the availability or quality of emergency pre-hospital care within the State, then the Director or designee shall have the authority to resolve those disputes, if one party to the dispute requests the Director's intervention in writing. If the Director receives and approves such a request, then each entity's duly authorized representative shall be given the opportunity to submit written arguments and evidence in support of any potential resolution.  The Director or designee shall have the authority to hear oral arguments and testimony based upon the written submissions.  Any decision by the Director or designee shall be issued in writing and state the basis for the decision, which shall be final and binding upon all parties to the dispute.  The Director or designee will endeavor to issue a written decision within 30 days after receipt of all written submissions and verbal testimony, if verbal testimony is permitted.

 

b)         This dispute resolution procedure shall not be available to any EMT, ECRN, Pre- Hospital RN, Lead Instructor, First Responder, Emergency Medical Dispatcher, Trauma Nurse Specialist or a member of the public. This procedure shall not be applicable to any EMS System Suspension, Local Board of Review, action by the State EMS Disciplinary Review Board or the Department.  

 

c)         The Department's Practice and Procedure in Administrative Hearings (77 Ill. Adm. Code 100) shall govern all proceedings.

 

d)         All final administrative decisions of the Department hereunder shall be subject to judicial review pursuant to the provisions of the Administrative Review Law [35 ILCS 5/Art. III] . (Section 3.145 of the Act) A decision by the Director in accordance with this Section shall be considered an administrative review decision under Section 3.145 of the Act and shall be subject to judicial review.

 

(Source:  Added at 35 Ill. Reg. 16697, effective September 29, 2011)