Rep. Frank J. Mautino

Filed: 10/19/2015

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1381

2    AMENDMENT NO. ______. Amend Senate Bill 1381 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Emergency Medical Services (EMS) Systems
5Act is amended by changing Section 32.5 as follows:
 
6    (210 ILCS 50/32.5)
7    Sec. 32.5. Freestanding Emergency Center.
8    (a) The Department shall issue an annual Freestanding
9Emergency Center (FEC) license to any facility that has
10received a permit from the Health Facilities and Services
11Review Board to establish a Freestanding Emergency Center by
12January 1, 2015, and:
13        (1) is located: (A) in a municipality with a population
14    of 50,000 or fewer inhabitants; (B) within 50 miles of the
15    hospital that owns or controls the FEC; and (C) within 50
16    miles of the Resource Hospital affiliated with the FEC as

 

 

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1    part of the EMS System;
2        (2) is wholly owned or controlled by an Associate or
3    Resource Hospital, but is not a part of the hospital's
4    physical plant;
5        (3) meets the standards for licensed FECs, adopted by
6    rule of the Department, including, but not limited to:
7            (A) facility design, specification, operation, and
8        maintenance standards;
9            (B) equipment standards; and
10            (C) the number and qualifications of emergency
11        medical personnel and other staff, which must include
12        at least one board certified emergency physician
13        present at the FEC 24 hours per day.
14        (4) limits its participation in the EMS System strictly
15    to receiving a limited number of BLS runs by emergency
16    medical vehicles according to protocols developed by the
17    Resource Hospital within the FEC's designated EMS System
18    and approved by the Project Medical Director and the
19    Department;
20        (5) provides comprehensive emergency treatment
21    services, as defined in the rules adopted by the Department
22    pursuant to the Hospital Licensing Act, 24 hours per day,
23    on an outpatient basis;
24        (6) provides an ambulance and maintains on site
25    ambulance services staffed with paramedics 24 hours per
26    day;

 

 

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1        (7) (blank);
2        (8) complies with all State and federal patient rights
3    provisions, including, but not limited to, the Emergency
4    Medical Treatment Act and the federal Emergency Medical
5    Treatment and Active Labor Act;
6        (9) maintains a communications system that is fully
7    integrated with its Resource Hospital within the FEC's
8    designated EMS System;
9        (10) reports to the Department any patient transfers
10    from the FEC to a hospital within 48 hours of the transfer
11    plus any other data determined to be relevant by the
12    Department;
13        (11) submits to the Department, on a quarterly basis,
14    the FEC's morbidity and mortality rates for patients
15    treated at the FEC and other data determined to be relevant
16    by the Department;
17        (12) does not describe itself or hold itself out to the
18    general public as a full service hospital or hospital
19    emergency department in its advertising or marketing
20    activities;
21        (13) complies with any other rules adopted by the
22    Department under this Act that relate to FECs;
23        (14) passes the Department's site inspection for
24    compliance with the FEC requirements of this Act;
25        (15) submits a copy of the permit issued by the Health
26    Facilities and Services Review Board indicating that the

 

 

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1    facility has complied with the Illinois Health Facilities
2    Planning Act with respect to the health services to be
3    provided at the facility;
4        (16) submits an application for designation as an FEC
5    in a manner and form prescribed by the Department by rule;
6    and
7        (17) pays the annual license fee as determined by the
8    Department by rule.
9    (a-5) Notwithstanding any other provision of this Section,
10the Department may issue an annual FEC license to a facility
11that is located in a county that does not have a licensed
12general acute care hospital if the facility's application for a
13permit from the Illinois Health Facilities Planning Board has
14been deemed complete by the Department of Public Health by
15January 1, 2014 and if the facility complies with the
16requirements set forth in paragraphs (1) through (17) of
17subsection (a).
18    (a-10) Notwithstanding any other provision of this
19Section, the Department may issue an annual FEC license to a
20facility if the facility has, by January 1, 2014, filed a
21letter of intent to establish an FEC and if the facility
22complies with the requirements set forth in paragraphs (1)
23through (17) of subsection (a).
24    (a-15) Notwithstanding any other provision of this
25Section, the Department shall issue an annual FEC license to a
26facility if the facility (i) is located in a municipality that

 

 

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1had a hospital that discontinued operation as a hospital within
2the 12 months prior to the facility's initial application for
3an FEC license, (ii) has an application for a permit to
4establish an FEC from the Health Facilities and Services Review
5Board that is deemed complete by January 1, 2018, and (iii)
6complies with the requirements set forth in paragraphs (1)
7through (17) of subsection (a).
8    (b) The Department shall:
9        (1) annually inspect facilities of initial FEC
10    applicants and licensed FECs, and issue annual licenses to
11    or annually relicense FECs that satisfy the Department's
12    licensure requirements as set forth in subsection (a);
13        (2) suspend, revoke, refuse to issue, or refuse to
14    renew the license of any FEC, after notice and an
15    opportunity for a hearing, when the Department finds that
16    the FEC has failed to comply with the standards and
17    requirements of the Act or rules adopted by the Department
18    under the Act;
19        (3) issue an Emergency Suspension Order for any FEC
20    when the Director or his or her designee has determined
21    that the continued operation of the FEC poses an immediate
22    and serious danger to the public health, safety, and
23    welfare. An opportunity for a hearing shall be promptly
24    initiated after an Emergency Suspension Order has been
25    issued; and
26        (4) adopt rules as needed to implement this Section.

 

 

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1(Source: P.A. 96-23, eff. 6-30-09; 96-31, eff. 6-30-09; 96-883,
2eff. 3-1-10; 96-1000, eff. 7-2-10; 97-333, eff. 8-12-11;
397-1112, eff. 8-27-12.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.".