Illinois General Assembly - Bill Status for SB2170
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 Bill Status of SB2170  94th General Assembly


Short Description:  CONSUMER FRAUD-AMBULANCE SRVCS

Senate Sponsors
Sen. Susan Garrett - Adeline Jay Geo-Karis - Jacqueline Y. Collins

House Sponsors
(Rep. Elaine Nekritz - Mike Boland - Jack McGuire, Lisa M. Dugan, Susana A Mendoza, Linda Chapa LaVia, Eddie Washington and Careen M Gordon)

Last Action
DateChamber Action
  7/31/2006SenatePublic Act . . . . . . . . . 94-1063

Statutes Amended In Order of Appearance
210 ILCS 45/2-217 new
210 ILCS 50/3.85
210 ILCS 85/6.22 new
815 ILCS 505/2XX new


Synopsis As Introduced
Amends the Nursing Home Care Act and the Hospital Licensing Act; provides that a nursing home or hospital that orders transportation of a resident or patient by ambulance must maintain a written record showing the name of the person who placed the order for that transportation and the medical reason for that transportation. Amends the Emergency Medical Services (EMS) Systems Act; authorizes the Department of Public Health to suspend, for a period not exceeding 30 days, the license of any vehicle service provider, after an opportunity for a hearing, when findings show that the provider has directly or indirectly given, offered, or promised anything of value to a facility licensed under the Nursing Home Care Act or the Hospital Licensing Act for the purpose of influencing the facility to use the provider's services for the transportation of residents or patients of the facility. Amends the Consumer Fraud and Deceptive Business Practices Act. Sets forth statements that must be included in an agreement for emergency or non-emergency transportation of a patient by an ambulance service provider, and requires that such an agreement contain certain other information and be printed in type of a certain size. Requires that the agreement be signed by the patient or the patient's authorized representative and by the ambulance service provider's authorized agent. Requires that the patient or the patient's authorized representative be provided with an executed copy of the agreement. Provides that it is an unlawful practice under the Act for an ambulance service provider to enter into an agreement with a patient, or a person acting on the patient's behalf, that does not comply with these requirements. Provides that if the court finds that an ambulance service provider has violated any of the requirements concerning an agreement with a patient, the court may order that the ambulance service provider pay to the patient an amount equal to 3 times the maximum amount stated in the agreement that will be due from the patient or, if no such maximum amount is stated in the agreement, 3 times the amount claimed due by the ambulance service provider, including any interest, collection costs, and attorney's fees claimed by the provider.

Senate Floor Amendment No. 1
Adds reference to:
210 ILCS 45/2-218 new
210 ILCS 85/6.23 new

Replaces everything after the enacting clause with provisions similar to those of Senate Bill 2170, but with changes that include the following: (1) requires that a nursing home or hospital maintain a record of orders for transportation by ambulance for at least 3 years; (2) further amends the Nursing Home Care Act and the Hospital Licensing Act to provide that if the Department of Public Health determines (i) that a nursing home or hospital offered or provided, solicited, or received any remuneration to any vehicle service provider licensed under the Emergency Medical Services (EMS) Systems Act for the purpose of providing referrals for transportation by the vehicle service provider or (ii) that an employee or contractual agent of a nursing home or hospital falsified any documentation of medical necessity for non-emergency ambulance transportation, the Department may impose against the nursing home or hospital (or against the employer of the contractual agent in the case of an individual who became a contractual agent by virtue of his or her employment by that employer) a civil penalty in an amount not exceeding $10,000, and provides for a referral of such a determination to the United States Department of Health and Human Services Office of Inspector General; (3) provides for a similar penalty against a vehicle service provider under the Emergency Medical Services (EMS) Systems Act that offers or provides, solicits, or receives any remuneration for the purpose of influencing a nursing home or hospital to provide referrals to the vehicle service provider for the transportation of residents of the nursing home or patients of the hospital (instead of providing for suspension of a vehicle service provider's license); and (4) under the Consumer Fraud and Deceptive Business Practices Act, requires an ambulance service provider to provide persons with a written notice, and a verbal explanation of the notice, containing certain provisions concerning non-emergency transportation by ambulance that originates at a hospital or other health care facility (instead of providing that an agreement for emergency or non-emergency transportation by ambulance must contain certain provisions).

House Floor Amendment No. 2
Deletes reference to:
210 ILCS 45/2-218 new
210 ILCS 50/3.85
210 ILCS 85/6.23 new
815 ILCS 505/2XX new

Replaces everything after the enacting clause. Amends the Nursing Home Care Act and the Hospital Licensing Act. Provides that if a long-term care facility orders transportation of a resident of the facility by ambulance, the facility must maintain a written record that shows (i) the name of the person who placed the order for that transportation and (ii) the medical reason for that transportation; provides that the facility must maintain the record for a period of at least 3 years after the date of the order for transportation by ambulance. Provides that if a hospital arranges for transportation of a patient of the hospital by ambulance, the hospital must provide the ambulance service provider, prior to transport, a Physician Certification Statement formatted and completed in compliance with federal regulations or an equivalent form developed by the hospital. Provides that if a hospital is unable to provide a Physician Certification Statement or equivalent form, then the hospital shall provide to the patient a written notice and a verbal explanation of the written notice that meets certain requirements; provides that the notice is not required if a delay in transport can be expected to negatively affect the patient outcome. Effective January 31, 2007.

Actions 
DateChamber Action
  1/4/2006SenateFiled with Secretary by Sen. Susan Garrett
  1/4/2006SenateFirst Reading
  1/4/2006SenateReferred to Rules
  1/12/2006SenateAssigned to Health & Human Services
  2/1/2006SenateDo Pass Health & Human Services; 006-000-004
  2/1/2006SenatePlaced on Calendar Order of 2nd Reading February 2, 2006
  2/15/2006SenateAdded as Chief Co-Sponsor Sen. Adeline Jay Geo-Karis
  2/21/2006SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Susan Garrett
  2/21/2006SenateSenate Floor Amendment No. 1 Referred to Rules
  2/23/2006SenateSenate Floor Amendment No. 1 Rules Refers to Health & Human Services
  2/24/2006SenateSenate Floor Amendment No. 1 Recommend Do Adopt Health & Human Services; 011-000-000
  2/24/2006SenateSecond Reading
  2/24/2006SenateSenate Floor Amendment No. 1 Adopted; Garrett
  2/24/2006SenatePlaced on Calendar Order of 3rd Reading February 27, 2006
  2/27/2006SenateThird Reading - Passed; 049-000-000
  2/27/2006HouseArrived in House
  2/27/2006HousePlaced on Calendar Order of First Reading
  2/27/2006HouseChief House Sponsor Rep. Elaine Nekritz
  2/28/2006HouseFirst Reading
  2/28/2006HouseReferred to Rules Committee
  3/8/2006HouseAssigned to Consumer Protection Committee
  3/14/2006HouseAdded Alternate Chief Co-Sponsor Rep. Mike Boland
  3/14/2006HouseAdded Alternate Chief Co-Sponsor Rep. Jack McGuire
  3/24/2006HouseDo Pass / Short Debate Consumer Protection Committee; 012-000-000
  3/24/2006HousePlaced on Calendar 2nd Reading - Short Debate
  3/28/2006HouseAdded Alternate Co-Sponsor Rep. Lisa M. Dugan
  3/28/2006HouseAdded Alternate Co-Sponsor Rep. Susana A Mendoza
  3/28/2006HouseAdded Alternate Co-Sponsor Rep. Linda Chapa LaVia
  3/28/2006HouseAdded Alternate Co-Sponsor Rep. Eddie Washington
  3/29/2006HouseSecond Reading - Short Debate
  3/29/2006HouseHeld on Calendar Order of Second Reading - Short Debate
  3/31/2006HouseFinal Action Deadline Extended-9(b) April 7, 2006
  4/3/2006HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Elaine Nekritz
  4/3/2006HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  4/5/2006HouseHouse Floor Amendment No. 1 Rules Refers to Consumer Protection Committee
  4/5/2006HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Elaine Nekritz
  4/5/2006HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/5/2006HouseAdded Alternate Co-Sponsor Rep. Careen M Gordon
  4/6/2006HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000
  4/7/2006HouseFinal Action Deadline Extended-9(b) April 13, 2006
  4/10/2006HouseHouse Floor Amendment No. 2 Adopted by Voice Vote
  4/10/2006HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/10/2006HouseHouse Floor Amendment No. 1 Tabled Pursuant to Rule 40(a)
  4/11/2006HouseThird Reading - Short Debate - Passed 113-000-001
  4/18/2006SenateSecretary's Desk - Concurrence House Amendment(s) 02
  4/18/2006SenatePlaced on Calendar Order of Concurrence House Amendment(s) 02-May 2, 2006
  4/27/2006SenateHouse Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. Susan Garrett
  4/27/2006SenateHouse Floor Amendment No. 2 Motion to Concur Referred to Rules
  5/2/2006SenateHouse Floor Amendment No. 2 Motion to Concur Rules Referred to Health & Human Services
  5/3/2006SenateHouse Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Health & Human Services; 009-000-000
  5/3/2006SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins
  5/3/2006SenateHouse Floor Amendment No. 2 Senate Concurs 058-000-000
  5/3/2006SenatePassed Both Houses
  6/1/2006SenateSent to the Governor
  7/31/2006SenateGovernor Approved
  7/31/2006SenateEffective Date January 31, 2007
  7/31/2006SenatePublic Act . . . . . . . . . 94-1063

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