98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3716

 

Introduced , by Rep. Monique D. Davis

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2310/2310-685 new
210 ILCS 50/3.90

    Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois to require the Department of Public Health to take all steps necessary to ensure that Roseland Community Hospital has the facilities, staff, equipment, and other resources necessary to enable it to develop a state-of-the-art mental health facility. Amends the Emergency Medical Services (EMS) Systems Act to require the Department of Public Health to take all steps necessary to ensure that Roseland Community Hospital has the facilities, staff, equipment, and other resources necessary to enable it to obtain designation as a Level I Trauma Center in order to treat shooting victims.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning health facilities.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Public Health Powers and
5Duties Law of the Civil Administrative Code of Illinois is
6amended by adding Section 2310-685 as follows:
 
7    (20 ILCS 2310/2310-685 new)
8    Sec. 2310-685. Roseland Community Hospital mental health
9facility. The Department shall take all steps necessary to
10ensure that Roseland Community Hospital, located at 45 West
11111th Street, Chicago, has the facilities, staff, equipment,
12and other resources necessary to enable it to develop a
13state-of-the-art mental health facility.
 
14    Section 10. The Emergency Medical Services (EMS) Systems
15Act is amended by changing Section 3.90 as follows:
 
16    (210 ILCS 50/3.90)
17    Sec. 3.90. Trauma Center Designations.
18    (a) "Trauma Center" means a hospital which: (1) within
19designated capabilities provides optimal care to trauma
20patients; (2) participates in an approved EMS System; and (3)
21is duly designated pursuant to the provisions of this Act.

 

 

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1Level I Trauma Centers shall provide all essential services
2in-house, 24 hours per day, in accordance with rules adopted by
3the Department pursuant to this Act. Level II Trauma Centers
4shall have some essential services available in-house, 24 hours
5per day, and other essential services readily available, 24
6hours per day, in accordance with rules adopted by the
7Department pursuant to this Act.
8    (b) The Department shall have the authority and
9responsibility to:
10        (1) Establish minimum standards for designation as a
11    Level I or Level II Trauma Center, consistent with Sections
12    22 and 23 of this Act, through rules adopted pursuant to
13    this Act;
14        (2) Require hospitals applying for trauma center
15    designation to submit a plan for designation in a manner
16    and form prescribed by the Department through rules adopted
17    pursuant to this Act;
18        (3) Upon receipt of a completed plan for designation,
19    conduct a site visit to inspect the hospital for compliance
20    with the Department's minimum standards. Such visit shall
21    be conducted by specially qualified personnel with
22    experience in the delivery of emergency medical and/or
23    trauma care. A report of the inspection shall be provided
24    to the Director within 30 days of the completion of the
25    site visit. The report shall note compliance or lack of
26    compliance with the individual standards for designation,

 

 

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1    but shall not offer a recommendation on granting or denying
2    designation;
3        (4) Designate applicant hospitals as Level I or Level
4    II Trauma Centers which meet the minimum standards
5    established by this Act and the Department. Beginning
6    September 1, 1997 the Department shall designate a new
7    trauma center only when a local or regional need for such
8    trauma center has been identified. The Department shall
9    request an assessment of local or regional need from the
10    applicable EMS Region's Trauma Center Medical Directors
11    Committee, with advice from the Regional Trauma Advisory
12    Committee. This shall not be construed as a needs
13    assessment for health planning or other purposes outside of
14    this Act;
15        (5) Attempt to designate trauma centers in all areas of
16    the State. There shall be at least one Level I Trauma
17    Center serving each EMS Region, unless waived by the
18    Department. This subsection shall not be construed to
19    require a Level I Trauma Center to be located in each EMS
20    Region. Level I Trauma Centers shall serve as resources for
21    the Level II Trauma Centers in the EMS Regions. The extent
22    of such relationships shall be defined in the EMS Region
23    Plan;
24        (6) Inspect designated trauma centers to assure
25    compliance with the provisions of this Act and the rules
26    adopted pursuant to this Act. Information received by the

 

 

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1    Department through filed reports, inspection, or as
2    otherwise authorized under this Act shall not be disclosed
3    publicly in such a manner as to identify individuals or
4    hospitals, except in proceedings involving the denial,
5    suspension or revocation of a trauma center designation or
6    imposition of a fine on a trauma center;
7        (7) Renew trauma center designations every 2 years,
8    after an on-site inspection, based on compliance with
9    renewal requirements and standards for continuing
10    operation, as prescribed by the Department through rules
11    adopted pursuant to this Act;
12        (8) Refuse to issue or renew a trauma center
13    designation, after providing an opportunity for a hearing,
14    when findings show that it does not meet the standards and
15    criteria prescribed by the Department;
16        (9) Review and determine whether a trauma center's
17    annual morbidity and mortality rates for trauma patients
18    significantly exceed the State average for such rates,
19    using a uniform recording methodology based on nationally
20    recognized standards. Such determination shall be
21    considered as a factor in any decision by the Department to
22    renew or refuse to renew a trauma center designation under
23    this Act, but shall not constitute the sole basis for
24    refusing to renew a trauma center designation;
25        (10) Take the following action, as appropriate, after
26    determining that a trauma center is in violation of this

 

 

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1    Act or any rule adopted pursuant to this Act:
2            (A) If the Director determines that the violation
3        presents a substantial probability that death or
4        serious physical harm will result and if the trauma
5        center fails to eliminate the violation immediately or
6        within a fixed period of time, not exceeding 10 days,
7        as determined by the Director, the Director may
8        immediately revoke the trauma center designation. The
9        trauma center may appeal the revocation within 15 days
10        after receiving the Director's revocation order, by
11        requesting a hearing as provided by Section 29 of this
12        Act. The Director shall notify the chair of the
13        Region's Trauma Center Medical Directors Committee and
14        EMS Medical Directors for appropriate EMS Systems of
15        such trauma center designation revocation;
16            (B) If the Director determines that the violation
17        does not present a substantial probability that death
18        or serious physical harm will result, the Director
19        shall issue a notice of violation and request a plan of
20        correction which shall be subject to the Department's
21        approval. The trauma center shall have 10 days after
22        receipt of the notice of violation in which to submit a
23        plan of correction. The Department may extend this
24        period for up to 30 days. The plan shall include a
25        fixed time period not in excess of 90 days within which
26        violations are to be corrected. The plan of correction

 

 

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1        and the status of its implementation by the trauma
2        center shall be provided, as appropriate, to the EMS
3        Medical Directors for appropriate EMS Systems. If the
4        Department rejects a plan of correction, it shall send
5        notice of the rejection and the reason for the
6        rejection to the trauma center. The trauma center shall
7        have 10 days after receipt of the notice of rejection
8        in which to submit a modified plan. If the modified
9        plan is not timely submitted, or if the modified plan
10        is rejected, the trauma center shall follow an approved
11        plan of correction imposed by the Department. If, after
12        notice and opportunity for hearing, the Director
13        determines that a trauma center has failed to comply
14        with an approved plan of correction, the Director may
15        revoke the trauma center designation. The trauma
16        center shall have 15 days after receiving the
17        Director's notice in which to request a hearing. Such
18        hearing shall conform to the provisions of Section 30
19        of this Act;
20        (11) The Department may delegate authority to local
21    health departments in jurisdictions which include a
22    substantial number of trauma centers. The delegated
23    authority to those local health departments shall include,
24    but is not limited to, the authority to designate trauma
25    centers with final approval by the Department, maintain a
26    regional data base with concomitant reporting of trauma

 

 

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1    registry data, and monitor, inspect and investigate trauma
2    centers within their jurisdiction, in accordance with the
3    requirements of this Act and the rules promulgated by the
4    Department;
5            (A) The Department shall monitor the performance
6        of local health departments with authority delegated
7        pursuant to this Section, based upon performance
8        criteria established in rules promulgated by the
9        Department;
10            (B) Delegated authority may be revoked for
11        substantial non-compliance with the Department's
12        rules. Notice of an intent to revoke shall be served
13        upon the local health department by certified mail,
14        stating the reasons for revocation and offering an
15        opportunity for an administrative hearing to contest
16        the proposed revocation. The request for a hearing must
17        be received by the Department within 10 working days of
18        the local health department's receipt of notification;
19            (C) The director of a local health department may
20        relinquish its delegated authority upon 60 days
21        written notification to the Director of Public Health.
22    (c) The Department shall take all steps necessary to ensure
23that Roseland Community Hospital, located at 45 West 111th
24Street, Chicago, has the facilities, staff, equipment, and
25other resources necessary to enable it to obtain designation as
26a Level I Trauma Center in order to treat shooting victims.

 

 

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1(Source: P.A. 89-177, eff. 7-19-95.)