100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4109

 

Introduced , by Rep. Robyn Gabel

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 50/3.116
210 ILCS 50/3.117
210 ILCS 50/3.118

    Amends the Emergency Medical Services (EMS) Systems Act. For provisions concerning hospital stroke care, defines "stroke" as brain, spinal cord, or retinal cell death attributable to ischemic or hemorrhagic infarction that is consistent with the most current nationally-recognized, evidence-based stroke definitions. Provides that the Department of Public Health's certification criteria for Primary Stroke Centers shall be consistent with the most current nationally-recognized, evidence-based stroke guidelines that include the use of thrombolytic therapy and anticoagulation reversal medications to reduce (rather than the most current nationally-recognized, evidence-based stroke guidelines related to reducing) the occurrence, disabilities, and death associated with ischemic and hemorrhagic stroke (rather than associated with stroke). Makes similar changes to provisions concerning the criteria for Comprehensive Stroke Centers. Provides that the criteria for the Acute Stroke-Ready Hospital designation of hospitals shall include the ability of a hospital to create written acute care protocols related to emergent ischemic and hemorrhagic stroke care (rather than emergent stroke care) and administer thrombolytic therapy and anticoagulation reversal medications (rather than administer thrombolytic therapy). Provides that the Department shall maintain an educational reference on the Department's website with the most current nationally-recognized and evidence-based guidelines for the management of hemorrhagic stroke and anticoagulation reversal.


LRB100 14578 MJP 29373 b

 

 

A BILL FOR

 

HB4109LRB100 14578 MJP 29373 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Emergency Medical Services (EMS) Systems Act
5is amended by changing Sections 3.116, 3.117, and 3.118 as
6follows:
 
7    (210 ILCS 50/3.116)
8    Sec. 3.116. Hospital Stroke Care; definitions. As used in
9Sections 3.116 through 3.119, 3.130, 3.200, and 3.226 of this
10Act:
11    "Acute Stroke-Ready Hospital" means a hospital that has
12been designated by the Department as meeting the criteria for
13providing emergent stroke care. Designation may be provided
14after a hospital has been certified or through application and
15designation as such.
16    "Certification" or "certified" means certification, using
17evidence-based standards, from a nationally-recognized
18certifying body approved by the Department.
19    "Comprehensive Stroke Center" means a hospital that has
20been certified and has been designated as such.
21    "Designation" or "designated" means the Department's
22recognition of a hospital as a Comprehensive Stroke Center,
23Primary Stroke Center, or Acute Stroke-Ready Hospital.

 

 

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1    "Emergent stroke care" is emergency medical care that
2includes diagnosis and emergency medical treatment of acute
3stroke patients.
4    "Emergent Stroke Ready Hospital" means a hospital that has
5been designated by the Department as meeting the criteria for
6providing emergent stroke care.
7    "Primary Stroke Center" means a hospital that has been
8certified by a Department-approved, nationally-recognized
9certifying body and designated as such by the Department.
10    "Regional Stroke Advisory Subcommittee" means a
11subcommittee formed within each Regional EMS Advisory
12Committee to advise the Director and the Region's EMS Medical
13Directors Committee on the triage, treatment, and transport of
14possible acute stroke patients and to select the Region's
15representative to the State Stroke Advisory Subcommittee. At
16minimum, the Regional Stroke Advisory Subcommittee shall
17consist of: one representative from the EMS Medical Directors
18Committee; one EMS coordinator from a Resource Hospital; one
19administrative representative or his or her designee from each
20level of stroke care, including Comprehensive Stroke Centers
21within the Region, if any, Primary Stroke Centers within the
22Region, if any, and Acute Stroke-Ready Hospitals within the
23Region, if any; one physician from each level of stroke care,
24including one physician who is a neurologist or who provides
25advanced stroke care at a Comprehensive Stroke Center in the
26Region, if any, one physician who is a neurologist or who

 

 

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1provides acute stroke care at a Primary Stroke Center in the
2Region, if any, and one physician who provides acute stroke
3care at an Acute Stroke-Ready Hospital in the Region, if any;
4one nurse practicing in each level of stroke care, including
5one nurse from a Comprehensive Stroke Center in the Region, if
6any, one nurse from a Primary Stroke Center in the Region, if
7any, and one nurse from an Acute Stroke-Ready Hospital in the
8Region, if any; one representative from both a public and a
9private vehicle service provider that transports possible
10acute stroke patients within the Region; the State-designated
11regional EMS Coordinator; and a fire chief or his or her
12designee from the EMS Region, if the Region serves a population
13of more than 2,000,000. The Regional Stroke Advisory
14Subcommittee shall establish bylaws to ensure equal membership
15that rotates and clearly delineates committee responsibilities
16and structure. Of the members first appointed, one-third shall
17be appointed for a term of one year, one-third shall be
18appointed for a term of 2 years, and the remaining members
19shall be appointed for a term of 3 years. The terms of
20subsequent appointees shall be 3 years.
21    "State Stroke Advisory Subcommittee" means a standing
22advisory body within the State Emergency Medical Services
23Advisory Council.
24    "Stroke" means brain, spinal cord, or retinal cell death
25attributable to ischemic or hemorrhagic infarction that is
26consistent with the most current nationally-recognized,

 

 

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1evidence-based stroke definitions.
2(Source: P.A. 98-1001, eff. 1-1-15.)
 
3    (210 ILCS 50/3.117)
4    Sec. 3.117. Hospital Designations.
5    (a) The Department shall attempt to designate Primary
6Stroke Centers in all areas of the State.
7        (1) The Department shall designate as many certified
8    Primary Stroke Centers as apply for that designation
9    provided they are certified by a nationally-recognized
10    certifying body, approved by the Department, and
11    certification criteria are consistent with the most
12    current nationally-recognized, evidence-based stroke
13    guidelines, including the use of thrombolytic therapy and
14    anticoagulation reversal medications related to reduce
15    reducing the occurrence, disabilities, and death
16    associated with ischemic and hemorrhagic stroke.
17        (2) A hospital certified as a Primary Stroke Center by
18    a nationally-recognized certifying body approved by the
19    Department, shall send a copy of the Certificate and annual
20    fee to the Department and shall be deemed, within 30
21    business days of its receipt by the Department, to be a
22    State-designated Primary Stroke Center.
23        (3) A center designated as a Primary Stroke Center
24    shall pay an annual fee as determined by the Department
25    that shall be no less than $100 and no greater than $500.

 

 

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1    All fees shall be deposited into the Stroke Data Collection
2    Fund.
3        (3.5) With respect to a hospital that is a designated
4    Primary Stroke Center, the Department shall have the
5    authority and responsibility to do the following:
6            (A) Suspend or revoke a hospital's Primary Stroke
7        Center designation upon receiving notice that the
8        hospital's Primary Stroke Center certification has
9        lapsed or has been revoked by the State recognized
10        certifying body.
11            (B) Suspend a hospital's Primary Stroke Center
12        designation, in extreme circumstances where patients
13        may be at risk for immediate harm or death, until such
14        time as the certifying body investigates and makes a
15        final determination regarding certification.
16            (C) Restore any previously suspended or revoked
17        Department designation upon notice to the Department
18        that the certifying body has confirmed or restored the
19        Primary Stroke Center certification of that previously
20        designated hospital.
21            (D) Suspend a hospital's Primary Stroke Center
22        designation at the request of a hospital seeking to
23        suspend its own Department designation.
24        (4) Primary Stroke Center designation shall remain
25    valid at all times while the hospital maintains its
26    certification as a Primary Stroke Center, in good standing,

 

 

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1    with the certifying body. The duration of a Primary Stroke
2    Center designation shall coincide with the duration of its
3    Primary Stroke Center certification. Each designated
4    Primary Stroke Center shall have its designation
5    automatically renewed upon the Department's receipt of a
6    copy of the accrediting body's certification renewal.
7        (5) A hospital that no longer meets
8    nationally-recognized, evidence-based standards for
9    Primary Stroke Centers, or loses its Primary Stroke Center
10    certification, shall notify the Department and the
11    Regional EMS Advisory Committee within 5 business days.
12    (a-5) The Department shall attempt to designate
13Comprehensive Stroke Centers in all areas of the State.
14        (1) The Department shall designate as many certified
15    Comprehensive Stroke Centers as apply for that
16    designation, provided that the Comprehensive Stroke
17    Centers are certified by a nationally-recognized
18    certifying body approved by the Department, and provided
19    that the certifying body's certification criteria are
20    consistent with the most current nationally-recognized and
21    evidence-based stroke guidelines, including the use of
22    thrombolytic therapy and anticoagulation reversal
23    medications to reduce for reducing the occurrence of
24    ischemic and hemorrhagic stroke and the disabilities and
25    death associated with ischemic and hemorrhagic stroke.
26        (2) A hospital certified as a Comprehensive Stroke

 

 

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1    Center shall send a copy of the Certificate and annual fee
2    to the Department and shall be deemed, within 30 business
3    days of its receipt by the Department, to be a
4    State-designated Comprehensive Stroke Center.
5        (3) A hospital designated as a Comprehensive Stroke
6    Center shall pay an annual fee as determined by the
7    Department that shall be no less than $100 and no greater
8    than $500. All fees shall be deposited into the Stroke Data
9    Collection Fund.
10        (4) With respect to a hospital that is a designated
11    Comprehensive Stroke Center, the Department shall have the
12    authority and responsibility to do the following:
13            (A) Suspend or revoke the hospital's Comprehensive
14        Stroke Center designation upon receiving notice that
15        the hospital's Comprehensive Stroke Center
16        certification has lapsed or has been revoked by the
17        State recognized certifying body.
18            (B) Suspend the hospital's Comprehensive Stroke
19        Center designation, in extreme circumstances in which
20        patients may be at risk for immediate harm or death,
21        until such time as the certifying body investigates and
22        makes a final determination regarding certification.
23            (C) Restore any previously suspended or revoked
24        Department designation upon notice to the Department
25        that the certifying body has confirmed or restored the
26        Comprehensive Stroke Center certification of that

 

 

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1        previously designated hospital.
2            (D) Suspend the hospital's Comprehensive Stroke
3        Center designation at the request of a hospital seeking
4        to suspend its own Department designation.
5        (5) Comprehensive Stroke Center designation shall
6    remain valid at all times while the hospital maintains its
7    certification as a Comprehensive Stroke Center, in good
8    standing, with the certifying body. The duration of a
9    Comprehensive Stroke Center designation shall coincide
10    with the duration of its Comprehensive Stroke Center
11    certification. Each designated Comprehensive Stroke Center
12    shall have its designation automatically renewed upon the
13    Department's receipt of a copy of the certifying body's
14    certification renewal.
15        (6) A hospital that no longer meets
16    nationally-recognized, evidence-based standards for
17    Comprehensive Stroke Centers, or loses its Comprehensive
18    Stroke Center certification, shall notify the Department
19    and the Regional EMS Advisory Committee within 5 business
20    days.
21    (b) Beginning on the first day of the month that begins 12
22months after the adoption of rules authorized by this
23subsection, the Department shall attempt to designate
24hospitals as Acute Stroke-Ready Hospitals in all areas of the
25State. Designation may be approved by the Department after a
26hospital has been certified as an Acute Stroke-Ready Hospital

 

 

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1or through application and designation by the Department. For
2any hospital that is designated as an Emergent Stroke Ready
3Hospital at the time that the Department begins the designation
4of Acute Stroke-Ready Hospitals, the Emergent Stroke Ready
5designation shall remain intact for the duration of the
612-month period until that designation expires. Until the
7Department begins the designation of hospitals as Acute
8Stroke-Ready Hospitals, hospitals may achieve Emergent Stroke
9Ready Hospital designation utilizing the processes and
10criteria provided in Public Act 96-514.
11        (1) (Blank).
12        (2) Hospitals may apply for, and receive, Acute
13    Stroke-Ready Hospital designation from the Department,
14    provided that the hospital attests, on a form developed by
15    the Department in consultation with the State Stroke
16    Advisory Subcommittee, that it meets, and will continue to
17    meet, the criteria for Acute Stroke-Ready Hospital
18    designation and pays an annual fee.
19        A hospital designated as an Acute Stroke-Ready
20    Hospital shall pay an annual fee as determined by the
21    Department that shall be no less than $100 and no greater
22    than $500. All fees shall be deposited into the Stroke Data
23    Collection Fund.
24        (2.5) A hospital may apply for, and receive, Acute
25    Stroke-Ready Hospital designation from the Department,
26    provided that the hospital provides proof of current Acute

 

 

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1    Stroke-Ready Hospital certification and the hospital pays
2    an annual fee.
3            (A) Acute Stroke-Ready Hospital designation shall
4        remain valid at all times while the hospital maintains
5        its certification as an Acute Stroke-Ready Hospital,
6        in good standing, with the certifying body.
7            (B) The duration of an Acute Stroke-Ready Hospital
8        designation shall coincide with the duration of its
9        Acute Stroke-Ready Hospital certification.
10            (C) Each designated Acute Stroke-Ready Hospital
11        shall have its designation automatically renewed upon
12        the Department's receipt of a copy of the certifying
13        body's certification renewal and Application for
14        Stroke Center Designation form.
15            (D) A hospital must submit a copy of its
16        certification renewal from the certifying body as soon
17        as practical but no later than 30 business days after
18        that certification is received by the hospital. Upon
19        the Department's receipt of the renewal certification,
20        the Department shall renew the hospital's Acute
21        Stroke-Ready Hospital designation.
22            (E) A hospital designated as an Acute Stroke-Ready
23        Hospital shall pay an annual fee as determined by the
24        Department that shall be no less than $100 and no
25        greater than $500. All fees shall be deposited into the
26        Stroke Data Collection Fund.

 

 

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1        (3) Hospitals seeking Acute Stroke-Ready Hospital
2    designation that do not have certification shall develop
3    policies and procedures that are consistent with
4    nationally-recognized, evidence-based protocols for the
5    provision of emergent stroke care. Hospital policies
6    relating to emergent stroke care and stroke patient
7    outcomes shall be reviewed at least annually, or more often
8    as needed, by a hospital committee that oversees quality
9    improvement. Adjustments shall be made as necessary to
10    advance the quality of stroke care delivered. Criteria for
11    Acute Stroke-Ready Hospital designation of hospitals shall
12    be limited to the ability of a hospital to:
13            (A) create written acute care protocols related to
14        emergent ischemic and hemorrhagic stroke care;
15            (A-5) participate in the data collection system
16        provided in Section 3.118, if available;
17            (B) maintain a written transfer agreement with one
18        or more hospitals that have neurosurgical expertise;
19            (C) designate a Clinical Director of Stroke Care
20        who shall be a clinical member of the hospital staff
21        with training or experience, as defined by the
22        facility, in the care of patients with cerebrovascular
23        disease. This training or experience may include, but
24        is not limited to, completion of a fellowship or other
25        specialized training in the area of cerebrovascular
26        disease, attendance at national courses, or prior

 

 

HB4109- 12 -LRB100 14578 MJP 29373 b

1        experience in neuroscience intensive care units. The
2        Clinical Director of Stroke Care may be a neurologist,
3        neurosurgeon, emergency medicine physician, internist,
4        radiologist, advanced practice nurse, or physician's
5        assistant;
6            (C-5) provide rapid access to an acute stroke team,
7        as defined by the facility, that considers and reflects
8        nationally-recognized, evidenced-based protocols or
9        guidelines;
10            (D) administer thrombolytic therapy and
11        anticoagulation reversal medications, or subsequently
12        developed medical therapies that meet
13        nationally-recognized, evidence-based stroke
14        guidelines;
15            (E) conduct brain image tests at all times;
16            (F) conduct blood coagulation studies at all
17        times;
18            (G) maintain a log of stroke patients, which shall
19        be available for review upon request by the Department
20        or any hospital that has a written transfer agreement
21        with the Acute Stroke-Ready Hospital;
22            (H) admit stroke patients to a unit that can
23        provide appropriate care that considers and reflects
24        nationally-recognized, evidence-based protocols or
25        guidelines or transfer stroke patients to an Acute
26        Stroke-Ready Hospital, Primary Stroke Center, or

 

 

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1        Comprehensive Stroke Center, or another facility that
2        can provide the appropriate care that considers and
3        reflects nationally-recognized, evidence-based
4        protocols or guidelines; and
5            (I) demonstrate compliance with
6        nationally-recognized quality indicators.
7        (4) With respect to Acute Stroke-Ready Hospital
8    designation, the Department shall have the authority and
9    responsibility to do the following:
10            (A) Require hospitals applying for Acute
11        Stroke-Ready Hospital designation to attest, on a form
12        developed by the Department in consultation with the
13        State Stroke Advisory Subcommittee, that the hospital
14        meets, and will continue to meet, the criteria for an
15        Acute Stroke-Ready Hospital.
16            (A-5) Require hospitals applying for Acute
17        Stroke-Ready Hospital designation via national Acute
18        Stroke-Ready Hospital certification to provide proof
19        of current Acute Stroke-Ready Hospital certification,
20        in good standing.
21            The Department shall require a hospital that is
22        already certified as an Acute Stroke-Ready Hospital to
23        send a copy of the Certificate to the Department.
24            Within 30 business days of the Department's
25        receipt of a hospital's Acute Stroke-Ready Certificate
26        and Application for Stroke Center Designation form

 

 

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1        that indicates that the hospital is a certified Acute
2        Stroke-Ready Hospital, in good standing, the hospital
3        shall be deemed a State-designated Acute Stroke-Ready
4        Hospital. The Department shall send a designation
5        notice to each hospital that it designates as an Acute
6        Stroke-Ready Hospital and shall add the names of
7        designated Acute Stroke-Ready Hospitals to the website
8        listing immediately upon designation. The Department
9        shall immediately remove the name of a hospital from
10        the website listing when a hospital loses its
11        designation after notice and, if requested by the
12        hospital, a hearing.
13            The Department shall develop an Application for
14        Stroke Center Designation form that contains a
15        statement that "The above named facility meets the
16        requirements for Acute Stroke-Ready Hospital
17        Designation as provided in Section 3.117 of the
18        Emergency Medical Services (EMS) Systems Act" and
19        shall instruct the applicant facility to provide: the
20        hospital name and address; the hospital CEO or
21        Administrator's typed name and signature; the hospital
22        Clinical Director of Stroke Care's typed name and
23        signature; and a contact person's typed name, email
24        address, and phone number.
25            The Application for Stroke Center Designation form
26        shall contain a statement that instructs the hospital

 

 

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1        to "Provide proof of current Acute Stroke-Ready
2        Hospital certification from a nationally-recognized
3        certifying body approved by the Department".
4            (B) Designate a hospital as an Acute Stroke-Ready
5        Hospital no more than 30 business days after receipt of
6        an attestation that meets the requirements for
7        attestation, unless the Department, within 30 days of
8        receipt of the attestation, chooses to conduct an
9        onsite survey prior to designation. If the Department
10        chooses to conduct an onsite survey prior to
11        designation, then the onsite survey shall be conducted
12        within 90 days of receipt of the attestation.
13            (C) Require annual written attestation, on a form
14        developed by the Department in consultation with the
15        State Stroke Advisory Subcommittee, by Acute
16        Stroke-Ready Hospitals to indicate compliance with
17        Acute Stroke-Ready Hospital criteria, as described in
18        this Section, and automatically renew Acute
19        Stroke-Ready Hospital designation of the hospital.
20            (D) Issue an Emergency Suspension of Acute
21        Stroke-Ready Hospital designation when the Director,
22        or his or her designee, has determined that the
23        hospital no longer meets the Acute Stroke-Ready
24        Hospital criteria and an immediate and serious danger
25        to the public health, safety, and welfare exists. If
26        the Acute Stroke-Ready Hospital fails to eliminate the

 

 

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1        violation immediately or within a fixed period of time,
2        not exceeding 10 days, as determined by the Director,
3        the Director may immediately revoke the Acute
4        Stroke-Ready Hospital designation. The Acute
5        Stroke-Ready Hospital may appeal the revocation within
6        15 business days after receiving the Director's
7        revocation order, by requesting an administrative
8        hearing.
9            (E) After notice and an opportunity for an
10        administrative hearing, suspend, revoke, or refuse to
11        renew an Acute Stroke-Ready Hospital designation, when
12        the Department finds the hospital is not in substantial
13        compliance with current Acute Stroke-Ready Hospital
14        criteria.
15    (c) The Department shall consult with the State Stroke
16Advisory Subcommittee for developing the designation,
17re-designation, and de-designation processes for Comprehensive
18Stroke Centers, Primary Stroke Centers, and Acute Stroke-Ready
19Hospitals.
20    (d) The Department shall consult with the State Stroke
21Advisory Subcommittee as subject matter experts at least
22annually regarding stroke standards of care.
23(Source: P.A. 98-756, eff. 7-16-14; 98-1001, eff. 1-1-15.)
 
24    (210 ILCS 50/3.118)
25    Sec. 3.118. Reporting.

 

 

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1    (a) The Director shall, not later than July 1, 2012,
2prepare and submit to the Governor and the General Assembly a
3report indicating the total number of hospitals that have
4applied for grants, the project for which the application was
5submitted, the number of those applicants that have been found
6eligible for the grants, the total number of grants awarded,
7the name and address of each grantee, and the amount of the
8award issued to each grantee.
9    (b) By July 1, 2010, the Director shall send the list of
10designated Comprehensive Stroke Centers, Primary Stroke
11Centers, and Acute Stroke-Ready Hospitals to all Resource
12Hospital EMS Medical Directors in this State and shall post a
13list of designated Comprehensive Stroke Centers, Primary
14Stroke Centers, and Acute Stroke-Ready Hospitals on the
15Department's website, which shall be continuously updated.
16    (c) The Department shall add the names of designated
17Comprehensive Stroke Centers, Primary Stroke Centers, and
18Acute Stroke-Ready Hospitals to the website listing
19immediately upon designation and shall immediately remove the
20name when a hospital loses its designation after notice and a
21hearing.
22    (c-5) The Department shall maintain an educational
23reference on the Department's website with the most current
24nationally-recognized and evidence-based guidelines for the
25management of hemorrhagic stroke and anticoagulation reversal.
26    (d) Stroke data collection systems and all stroke-related

 

 

HB4109- 18 -LRB100 14578 MJP 29373 b

1data collected from hospitals shall comply with the following
2requirements:
3        (1) The confidentiality of patient records shall be
4    maintained in accordance with State and federal laws.
5        (2) Hospital proprietary information and the names of
6    any hospital administrator, health care professional, or
7    employee shall not be subject to disclosure.
8        (3) Information submitted to the Department shall be
9    privileged and strictly confidential and shall be used only
10    for the evaluation and improvement of hospital stroke care.
11    Stroke data collected by the Department shall not be
12    directly available to the public and shall not be subject
13    to civil subpoena, nor discoverable or admissible in any
14    civil, criminal, or administrative proceeding against a
15    health care facility or health care professional.
16    (e) The Department may administer a data collection system
17to collect data that is already reported by designated
18Comprehensive Stroke Centers, Primary Stroke Centers, and
19Acute Stroke-Ready Hospitals to their certifying body, to
20fulfill certification requirements. Comprehensive Stroke
21Centers, Primary Stroke Centers, and Acute Stroke-Ready
22Hospitals may provide data used in submission to their
23certifying body, to satisfy any Department reporting
24requirements. The Department may require submission of data
25elements in a format that is used State-wide. In the event the
26Department establishes reporting requirements for designated

 

 

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1Comprehensive Stroke Centers, Primary Stroke Centers, and
2Acute Stroke-Ready Hospitals, the Department shall permit each
3designated Comprehensive Stroke Center, Primary Stroke Center,
4or Acute Stroke-Ready Hospital to capture information using
5existing electronic reporting tools used for certification
6purposes. Nothing in this Section shall be construed to empower
7the Department to specify the form of internal recordkeeping.
8Three years from the effective date of this amendatory Act of
9the 96th General Assembly, the Department may post stroke data
10submitted by Comprehensive Stroke Centers, Primary Stroke
11Centers, and Acute Stroke-Ready Hospitals on its website,
12subject to the following:
13        (1) Data collection and analytical methodologies shall
14    be used that meet accepted standards of validity and
15    reliability before any information is made available to the
16    public.
17        (2) The limitations of the data sources and analytic
18    methodologies used to develop comparative hospital
19    information shall be clearly identified and acknowledged,
20    including, but not limited to, the appropriate and
21    inappropriate uses of the data.
22        (3) To the greatest extent possible, comparative
23    hospital information initiatives shall use standard-based
24    norms derived from widely accepted provider-developed
25    practice guidelines.
26        (4) Comparative hospital information and other

 

 

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1    information that the Department has compiled regarding
2    hospitals shall be shared with the hospitals under review
3    prior to public dissemination of the information.
4    Hospitals have 30 days to make corrections and to add
5    helpful explanatory comments about the information before
6    the publication.
7        (5) Comparisons among hospitals shall adjust for
8    patient case mix and other relevant risk factors and
9    control for provider peer groups, when appropriate.
10        (6) Effective safeguards to protect against the
11    unauthorized use or disclosure of hospital information
12    shall be developed and implemented.
13        (7) Effective safeguards to protect against the
14    dissemination of inconsistent, incomplete, invalid,
15    inaccurate, or subjective hospital data shall be developed
16    and implemented.
17        (8) The quality and accuracy of hospital information
18    reported under this Act and its data collection, analysis,
19    and dissemination methodologies shall be evaluated
20    regularly.
21        (9) None of the information the Department discloses to
22    the public under this Act may be used to establish a
23    standard of care in a private civil action.
24        (10) The Department shall disclose information under
25    this Section in accordance with provisions for inspection
26    and copying of public records required by the Freedom of

 

 

HB4109- 21 -LRB100 14578 MJP 29373 b

1    Information Act, provided that the information satisfies
2    the provisions of this Section.
3        (11) Notwithstanding any other provision of law, under
4    no circumstances shall the Department disclose information
5    obtained from a hospital that is confidential under Part 21
6    of Article VIII of the Code of Civil Procedure.
7        (12) No hospital report or Department disclosure may
8    contain information identifying a patient, employee, or
9    licensed professional.
10(Source: P.A. 98-1001, eff. 1-1-15.)