Full Text of HB0365 101st General Assembly
HB0365 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB0365 Introduced , by Rep. Thaddeus Jones SYNOPSIS AS INTRODUCED: |
| 30 ILCS 105/5.891 new | | 210 ILCS 50/3.50 | | 210 ILCS 50/3.89 new | | 210 ILCS 50/3.220 | | 305 ILCS 5/5-4.2 | from Ch. 23, par. 5-4.2 |
| Amends the Emergency Medical Services (EMS) Systems Act. Provides that the Department of Public Health shall perform annual background checks of all licensees and notify licensees and related EMS System administrators of any convictions by a court of competent jurisdiction of (or entry of a plea of guilty or nolo contendere to) a Class X, Class 1, or Class 2 felony, or an out-of-State equivalent offense. Provides that the Department shall require all medical assisted transport providers to be licensed by the Department and establish staffing, licensing, safety, and training standards. Amends the Illinois Public Aid Code. Includes medical assisted transportation in the definition of "ambulance service". Provides rates of reimbursement and assistance for medical transport services. Amends the State Finance Act. Adds the Medical Assisted Transport Licensure Fund as a special fund. Makes other changes.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Finance Act is amended by adding | 5 | | Section 5.891 as follows: | 6 | | (30 ILCS 105/5.891 new) | 7 | | Sec. 5.891. The Medical Assisted Transport Licensure Fund. | 8 | | Section 10. The Emergency Medical Services (EMS) Systems | 9 | | Act is amended by changing Sections 3.50 and 3.220 and by | 10 | | adding Section 3.89 as follows:
| 11 | | (210 ILCS 50/3.50)
| 12 | | (Text of Section before amendment by P.A. 100-1082 )
| 13 | | Sec. 3.50. Emergency Medical Services personnel licensure | 14 | | levels.
| 15 | | (a) "Emergency Medical Technician" or
"EMT" means a person | 16 | | who has successfully completed a course in basic life support
| 17 | | as approved by the
Department, is currently licensed by the | 18 | | Department in
accordance with standards prescribed by this Act | 19 | | and rules
adopted by the Department pursuant to this Act, and | 20 | | practices within an EMS
System. A valid Emergency Medical | 21 | | Technician-Basic (EMT-B) license issued under this Act shall |
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| 1 | | continue to be valid and shall be recognized as an Emergency | 2 | | Medical Technician (EMT) license until the Emergency Medical | 3 | | Technician-Basic (EMT-B) license expires.
| 4 | | (b) "Emergency Medical Technician-Intermediate"
or "EMT-I" | 5 | | means a person who has successfully completed a
course in | 6 | | intermediate life support
as approved
by the Department, is | 7 | | currently licensed by the
Department in accordance with | 8 | | standards prescribed by this
Act and rules adopted by the | 9 | | Department pursuant to this
Act, and practices within an | 10 | | Intermediate or Advanced
Life Support EMS System.
| 11 | | (b-5) "Advanced Emergency Medical Technician" or "A-EMT" | 12 | | means a person who has successfully completed a course in basic | 13 | | and limited advanced emergency medical care as approved by the | 14 | | Department, is currently licensed by the Department in | 15 | | accordance with standards prescribed by this Act and rules | 16 | | adopted by the Department pursuant to this Act, and practices | 17 | | within an Intermediate or Advanced Life Support EMS System. | 18 | | (c) "Paramedic (EMT-P)" means a person who
has successfully | 19 | | completed a
course in advanced life support care
as approved
by | 20 | | the Department, is licensed by the Department
in accordance | 21 | | with standards prescribed by this Act and
rules adopted by the | 22 | | Department pursuant to this Act, and
practices within an | 23 | | Advanced Life Support EMS System. A valid Emergency Medical | 24 | | Technician-Paramedic (EMT-P) license issued under this Act | 25 | | shall continue to be valid and shall be recognized as a | 26 | | Paramedic license until the Emergency Medical |
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| 1 | | Technician-Paramedic (EMT-P) license expires.
| 2 | | (c-5) "Emergency Medical Responder" or "EMR (First | 3 | | Responder)" means a person who has successfully completed a | 4 | | course in emergency medical response as approved by the | 5 | | Department and provides emergency medical response services | 6 | | prior to the arrival of an ambulance or specialized emergency | 7 | | medical services vehicle, in accordance with the level of care | 8 | | established by the National EMS Educational Standards | 9 | | Emergency Medical Responder course as modified by the | 10 | | Department. An Emergency Medical Responder who provides | 11 | | services as part of an EMS System response plan shall comply | 12 | | with the applicable sections of the Program Plan, as approved | 13 | | by the Department, of that EMS System. The Department shall | 14 | | have the authority to adopt rules governing the curriculum, | 15 | | practice, and necessary equipment applicable to Emergency | 16 | | Medical Responders. | 17 | | On August 15, 2014 ( the effective date of Public Act | 18 | | 98-973) this amendatory Act of the 98th General Assembly , a | 19 | | person who is licensed by the Department as a First Responder | 20 | | and has completed a Department-approved course in first | 21 | | responder defibrillator training based on, or equivalent to, | 22 | | the National EMS Educational Standards or other standards | 23 | | previously recognized by the Department shall be eligible for | 24 | | licensure as an Emergency Medical Responder upon meeting the | 25 | | licensure requirements and submitting an application to the | 26 | | Department. A valid First Responder license issued under this |
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| 1 | | Act shall continue to be valid and shall be recognized as an | 2 | | Emergency Medical Responder license until the First Responder | 3 | | license expires. | 4 | | (c-10) All EMS Systems and licensees shall be fully | 5 | | compliant with the National EMS Education Standards, as | 6 | | modified by the Department in administrative rules, within 24 | 7 | | months after the adoption of the administrative rules. | 8 | | (d) The Department shall have the authority and
| 9 | | responsibility to:
| 10 | | (1) Prescribe education and training requirements, | 11 | | which
includes training in the use of epinephrine,
for all | 12 | | levels of EMS personnel except for EMRs, based on the | 13 | | National EMS Educational Standards
and any modifications | 14 | | to those curricula specified by the
Department through | 15 | | rules adopted pursuant to this Act.
| 16 | | (2) Prescribe licensure testing requirements
for all | 17 | | levels of EMS personnel, which shall include a requirement | 18 | | that
all phases of instruction, training, and field | 19 | | experience be
completed before taking the appropriate | 20 | | licensure examination.
Candidates may elect to take the | 21 | | appropriate National Registry examination in lieu of the
| 22 | | Department's examination, but are responsible for making
| 23 | | their own arrangements for taking the National Registry
| 24 | | examination. In prescribing licensure testing requirements | 25 | | for honorably discharged members of the armed forces of the | 26 | | United States under this paragraph (2), the Department |
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| 1 | | shall ensure that a candidate's military emergency medical | 2 | | training, emergency medical curriculum completed, and | 3 | | clinical experience, as described in paragraph (2.5), are | 4 | | recognized.
| 5 | | (2.5) Review applications for EMS personnel licensure | 6 | | from
honorably discharged members of the armed forces of | 7 | | the United States with military emergency medical | 8 | | training. Applications shall be filed with the Department | 9 | | within one year after military discharge and shall contain: | 10 | | (i) proof of successful completion of military emergency | 11 | | medical training; (ii) a detailed description of the | 12 | | emergency medical curriculum completed; and (iii) a | 13 | | detailed description of the applicant's clinical | 14 | | experience. The Department may request additional and | 15 | | clarifying information. The Department shall evaluate the | 16 | | application, including the applicant's training and | 17 | | experience, consistent with the standards set forth under | 18 | | subsections (a), (b), (c), and (d) of Section 3.10. If the | 19 | | application clearly demonstrates that the training and | 20 | | experience meets such standards, the Department shall | 21 | | offer the applicant the opportunity to successfully | 22 | | complete a Department-approved EMS personnel examination | 23 | | for the level of license for which the applicant is | 24 | | qualified. Upon passage of an examination, the Department | 25 | | shall issue a license, which shall be subject to all | 26 | | provisions of this Act that are otherwise applicable to the |
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| 1 | | level of EMS personnel
license issued. | 2 | | (3) License individuals as an EMR, EMT, EMT-I, A-EMT,
| 3 | | or Paramedic who have met the Department's education, | 4 | | training and
examination requirements.
| 5 | | (4) Prescribe annual continuing education and
| 6 | | relicensure requirements for all EMS personnel licensure
| 7 | | levels.
| 8 | | (5) Relicense individuals as an EMD, EMR, EMT, EMT-I, | 9 | | A-EMT,
or Paramedic every 4 years, based on their | 10 | | compliance with
continuing education and relicensure | 11 | | requirements as required by the Department pursuant to this | 12 | | Act. Every 4 years, a Paramedic shall have 100 hours of | 13 | | approved continuing education, an EMT-I and an advanced EMT | 14 | | shall have 80 hours of approved continuing education, and | 15 | | an EMT shall have 60 hours of approved continuing | 16 | | education. An Illinois licensed EMR, EMD, EMT, EMT-I, | 17 | | A-EMT, Paramedic, ECRN, or PHRN whose license has been | 18 | | expired for less than 36 months may apply for reinstatement | 19 | | by the Department. Reinstatement shall require that the | 20 | | applicant (i) submit satisfactory proof of completion of | 21 | | continuing medical education and clinical requirements to | 22 | | be prescribed by the Department in an administrative rule; | 23 | | (ii) submit a positive recommendation from an Illinois EMS | 24 | | Medical Director attesting to the applicant's | 25 | | qualifications for retesting; and (iii) pass a Department | 26 | | approved test for the level of EMS personnel license sought |
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| 1 | | to be reinstated.
| 2 | | (6) Grant inactive status to any EMR, EMD, EMT, EMT-I, | 3 | | A-EMT, Paramedic, ECRN, or PHRN who
qualifies, based on | 4 | | standards and procedures established by
the Department in | 5 | | rules adopted pursuant to this Act.
| 6 | | (7) Charge a fee for EMS personnel examination, | 7 | | licensure, and license renewal.
| 8 | | (7.5) Perform annual background checks of all | 9 | | licensees and notify licensees and related EMS System | 10 | | administrators of a conviction by a court of competent | 11 | | jurisdiction of (or entry of a plea of guilty or nolo | 12 | | contendere to) a Class X, Class 1, or Class 2 felony in | 13 | | this State or an out-of-state equivalent offense. | 14 | | (8) Suspend, revoke, or refuse to issue or renew the
| 15 | | license of any licensee, after an opportunity for an | 16 | | impartial hearing before a neutral administrative law | 17 | | judge appointed by the Director, where the preponderance of | 18 | | the evidence shows one or more of the following:
| 19 | | (A) The licensee has not met continuing
education | 20 | | or relicensure requirements as prescribed by the | 21 | | Department;
| 22 | | (B) The licensee has failed to maintain
| 23 | | proficiency in the level of skills for which he or she | 24 | | is licensed;
| 25 | | (C) The licensee, during the provision of
medical | 26 | | services, engaged in dishonorable, unethical, or
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| 1 | | unprofessional conduct of a character likely to | 2 | | deceive,
defraud, or harm the public;
| 3 | | (D) The licensee has failed to maintain or
has | 4 | | violated standards of performance and conduct as | 5 | | prescribed
by the Department in rules adopted pursuant | 6 | | to this Act or
his or her EMS System's Program Plan;
| 7 | | (E) The licensee is physically impaired to
the | 8 | | extent that he or she cannot physically perform the | 9 | | skills and
functions for which he or she is licensed, | 10 | | as verified by a
physician, unless the person is on | 11 | | inactive status pursuant
to Department regulations;
| 12 | | (F) The licensee is mentally impaired to the
extent | 13 | | that he or she cannot exercise the appropriate | 14 | | judgment,
skill and safety for performing the | 15 | | functions for which he
or she is licensed, as verified | 16 | | by a physician, unless the person
is on inactive status | 17 | | pursuant to Department regulations;
| 18 | | (G) The licensee has violated this Act or any
rule | 19 | | adopted by the Department pursuant to this Act; or | 20 | | (H) The licensee has been convicted (or entered a | 21 | | plea of guilty or nolo contendere nolo-contendere ) by a | 22 | | court of competent jurisdiction of a Class X, Class 1, | 23 | | or Class 2 felony in this State or an out-of-state | 24 | | equivalent offense. | 25 | | (9) Prescribe education and training requirements in | 26 | | the administration and use of opioid antagonists for all |
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| 1 | | levels of EMS personnel based on the National EMS | 2 | | Educational Standards and any modifications to those | 3 | | curricula specified by the Department through rules | 4 | | adopted pursuant to this Act. | 5 | | (d-5) An EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, or | 6 | | PHRN who is a member of the Illinois National Guard or an | 7 | | Illinois State Trooper or who exclusively serves as a volunteer | 8 | | for units of local government with a population base of less | 9 | | than 5,000 or as a volunteer
for a not-for-profit organization | 10 | | that serves a service area
with a population base of less than | 11 | | 5,000 may submit an application to the Department for a waiver | 12 | | of the fees described under paragraph (7) of subsection (d) of | 13 | | this Section on a form prescribed by the Department. | 14 | | The education requirements prescribed by the Department | 15 | | under this Section must allow for the suspension of those | 16 | | requirements in the case of a member of the armed services or | 17 | | reserve forces of the United States or a member of the Illinois | 18 | | National Guard who is on active duty pursuant to an executive | 19 | | order of the President of the United States, an act of the | 20 | | Congress of the United States, or an order of the Governor at | 21 | | the time that the member would otherwise be required to fulfill | 22 | | a particular education requirement. Such a person must fulfill | 23 | | the education requirement within 6 months after his or her | 24 | | release from active duty.
| 25 | | (e) In the event that any rule of the
Department or an EMS | 26 | | Medical Director that requires testing for drug
use as a |
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| 1 | | condition of the applicable EMS personnel license conflicts | 2 | | with or
duplicates a provision of a collective bargaining | 3 | | agreement
that requires testing for drug use, that rule shall | 4 | | not
apply to any person covered by the collective bargaining
| 5 | | agreement.
| 6 | | (Source: P.A. 98-53, eff. 1-1-14; 98-463, eff. 8-16-13; 98-973, | 7 | | eff. 8-15-14; 99-480, eff. 9-9-15; revised 10-4-18.)
| 8 | | (Text of Section after amendment by P.A. 100-1082 )
| 9 | | Sec. 3.50. Emergency Medical Services personnel licensure | 10 | | levels.
| 11 | | (a) "Emergency Medical Technician" or
"EMT" means a person | 12 | | who has successfully completed a course in basic life support
| 13 | | as approved by the
Department, is currently licensed by the | 14 | | Department in
accordance with standards prescribed by this Act | 15 | | and rules
adopted by the Department pursuant to this Act, and | 16 | | practices within an EMS
System. A valid Emergency Medical | 17 | | Technician-Basic (EMT-B) license issued under this Act shall | 18 | | continue to be valid and shall be recognized as an Emergency | 19 | | Medical Technician (EMT) license until the Emergency Medical | 20 | | Technician-Basic (EMT-B) license expires.
| 21 | | (b) "Emergency Medical Technician-Intermediate"
or "EMT-I" | 22 | | means a person who has successfully completed a
course in | 23 | | intermediate life support
as approved
by the Department, is | 24 | | currently licensed by the
Department in accordance with | 25 | | standards prescribed by this
Act and rules adopted by the |
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| 1 | | Department pursuant to this
Act, and practices within an | 2 | | Intermediate or Advanced
Life Support EMS System.
| 3 | | (b-5) "Advanced Emergency Medical Technician" or "A-EMT" | 4 | | means a person who has successfully completed a course in basic | 5 | | and limited advanced emergency medical care as approved by the | 6 | | Department, is currently licensed by the Department in | 7 | | accordance with standards prescribed by this Act and rules | 8 | | adopted by the Department pursuant to this Act, and practices | 9 | | within an Intermediate or Advanced Life Support EMS System. | 10 | | (c) "Paramedic (EMT-P)" means a person who
has successfully | 11 | | completed a
course in advanced life support care
as approved
by | 12 | | the Department, is licensed by the Department
in accordance | 13 | | with standards prescribed by this Act and
rules adopted by the | 14 | | Department pursuant to this Act, and
practices within an | 15 | | Advanced Life Support EMS System. A valid Emergency Medical | 16 | | Technician-Paramedic (EMT-P) license issued under this Act | 17 | | shall continue to be valid and shall be recognized as a | 18 | | Paramedic license until the Emergency Medical | 19 | | Technician-Paramedic (EMT-P) license expires.
| 20 | | (c-5) "Emergency Medical Responder" or "EMR (First | 21 | | Responder)" means a person who has successfully completed a | 22 | | course in emergency medical response as approved by the | 23 | | Department and provides emergency medical response services | 24 | | prior to the arrival of an ambulance or specialized emergency | 25 | | medical services vehicle, in accordance with the level of care | 26 | | established by the National EMS Educational Standards |
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| 1 | | Emergency Medical Responder course as modified by the | 2 | | Department. An Emergency Medical Responder who provides | 3 | | services as part of an EMS System response plan shall comply | 4 | | with the applicable sections of the Program Plan, as approved | 5 | | by the Department, of that EMS System. The Department shall | 6 | | have the authority to adopt rules governing the curriculum, | 7 | | practice, and necessary equipment applicable to Emergency | 8 | | Medical Responders. | 9 | | On August 15, 2014 ( the effective date of Public Act | 10 | | 98-973) this amendatory Act of the 98th General Assembly , a | 11 | | person who is licensed by the Department as a First Responder | 12 | | and has completed a Department-approved course in first | 13 | | responder defibrillator training based on, or equivalent to, | 14 | | the National EMS Educational Standards or other standards | 15 | | previously recognized by the Department shall be eligible for | 16 | | licensure as an Emergency Medical Responder upon meeting the | 17 | | licensure requirements and submitting an application to the | 18 | | Department. A valid First Responder license issued under this | 19 | | Act shall continue to be valid and shall be recognized as an | 20 | | Emergency Medical Responder license until the First Responder | 21 | | license expires. | 22 | | (c-10) All EMS Systems and licensees shall be fully | 23 | | compliant with the National EMS Education Standards, as | 24 | | modified by the Department in administrative rules, within 24 | 25 | | months after the adoption of the administrative rules. | 26 | | (d) The Department shall have the authority and
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| 1 | | responsibility to:
| 2 | | (1) Prescribe education and training requirements, | 3 | | which
includes training in the use of epinephrine,
for all | 4 | | levels of EMS personnel except for EMRs, based on the | 5 | | National EMS Educational Standards
and any modifications | 6 | | to those curricula specified by the
Department through | 7 | | rules adopted pursuant to this Act.
| 8 | | (2) Prescribe licensure testing requirements
for all | 9 | | levels of EMS personnel, which shall include a requirement | 10 | | that
all phases of instruction, training, and field | 11 | | experience be
completed before taking the appropriate | 12 | | licensure examination.
Candidates may elect to take the | 13 | | appropriate National Registry examination in lieu of the
| 14 | | Department's examination, but are responsible for making
| 15 | | their own arrangements for taking the National Registry
| 16 | | examination. In prescribing licensure testing requirements | 17 | | for honorably discharged members of the armed forces of the | 18 | | United States under this paragraph (2), the Department | 19 | | shall ensure that a candidate's military emergency medical | 20 | | training, emergency medical curriculum completed, and | 21 | | clinical experience, as described in paragraph (2.5), are | 22 | | recognized.
| 23 | | (2.5) Review applications for EMS personnel licensure | 24 | | from
honorably discharged members of the armed forces of | 25 | | the United States with military emergency medical | 26 | | training. Applications shall be filed with the Department |
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| 1 | | within one year after military discharge and shall contain: | 2 | | (i) proof of successful completion of military emergency | 3 | | medical training; (ii) a detailed description of the | 4 | | emergency medical curriculum completed; and (iii) a | 5 | | detailed description of the applicant's clinical | 6 | | experience. The Department may request additional and | 7 | | clarifying information. The Department shall evaluate the | 8 | | application, including the applicant's training and | 9 | | experience, consistent with the standards set forth under | 10 | | subsections (a), (b), (c), and (d) of Section 3.10. If the | 11 | | application clearly demonstrates that the training and | 12 | | experience meet meets such standards, the Department shall | 13 | | offer the applicant the opportunity to successfully | 14 | | complete a Department-approved EMS personnel examination | 15 | | for the level of license for which the applicant is | 16 | | qualified. Upon passage of an examination, the Department | 17 | | shall issue a license, which shall be subject to all | 18 | | provisions of this Act that are otherwise applicable to the | 19 | | level of EMS personnel
license issued. | 20 | | (3) License individuals as an EMR, EMT, EMT-I, A-EMT,
| 21 | | or Paramedic who have met the Department's education, | 22 | | training and
examination requirements.
| 23 | | (4) Prescribe annual continuing education and
| 24 | | relicensure requirements for all EMS personnel licensure
| 25 | | levels.
| 26 | | (5) Relicense individuals as an EMD, EMR, EMT, EMT-I, |
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| 1 | | A-EMT, PHRN, PHAPRN, PHPA,
or Paramedic every 4 years, | 2 | | based on their compliance with
continuing education and | 3 | | relicensure requirements as required by the Department | 4 | | pursuant to this Act. Every 4 years, a Paramedic shall have | 5 | | 100 hours of approved continuing education, an EMT-I and an | 6 | | advanced EMT shall have 80 hours of approved continuing | 7 | | education, and an EMT shall have 60 hours of approved | 8 | | continuing education. An Illinois licensed EMR, EMD, EMT, | 9 | | EMT-I, A-EMT, Paramedic, ECRN, PHPA, PHAPRN, or PHRN whose | 10 | | license has been expired for less than 36 months may apply | 11 | | for reinstatement by the Department. Reinstatement shall | 12 | | require that the applicant (i) submit satisfactory proof of | 13 | | completion of continuing medical education and clinical | 14 | | requirements to be prescribed by the Department in an | 15 | | administrative rule; (ii) submit a positive recommendation | 16 | | from an Illinois EMS Medical Director attesting to the | 17 | | applicant's qualifications for retesting; and (iii) pass a | 18 | | Department approved test for the level of EMS personnel | 19 | | license sought to be reinstated.
| 20 | | (6) Grant inactive status to any EMR, EMD, EMT, EMT-I, | 21 | | A-EMT, Paramedic, ECRN, PHAPRN, PHPA, or PHRN who
| 22 | | qualifies, based on standards and procedures established | 23 | | by
the Department in rules adopted pursuant to this Act.
| 24 | | (7) Charge a fee for EMS personnel examination, | 25 | | licensure, and license renewal.
| 26 | | (7.5) Perform annual background checks of all |
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| 1 | | licensees and notify licensees and related EMS System | 2 | | administrators of a conviction by a court of competent | 3 | | jurisdiction of (or entry of a plea of guilty or nolo | 4 | | contendere to) a Class X, Class 1, or Class 2 felony in | 5 | | this State or an out-of-state equivalent offense. | 6 | | (8) Suspend, revoke, or refuse to issue or renew the
| 7 | | license of any licensee, after an opportunity for an | 8 | | impartial hearing before a neutral administrative law | 9 | | judge appointed by the Director, where the preponderance of | 10 | | the evidence shows one or more of the following:
| 11 | | (A) The licensee has not met continuing
education | 12 | | or relicensure requirements as prescribed by the | 13 | | Department;
| 14 | | (B) The licensee has failed to maintain
| 15 | | proficiency in the level of skills for which he or she | 16 | | is licensed;
| 17 | | (C) The licensee, during the provision of
medical | 18 | | services, engaged in dishonorable, unethical, or
| 19 | | unprofessional conduct of a character likely to | 20 | | deceive,
defraud, or harm the public;
| 21 | | (D) The licensee has failed to maintain or
has | 22 | | violated standards of performance and conduct as | 23 | | prescribed
by the Department in rules adopted pursuant | 24 | | to this Act or
his or her EMS System's Program Plan;
| 25 | | (E) The licensee is physically impaired to
the | 26 | | extent that he or she cannot physically perform the |
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| 1 | | skills and
functions for which he or she is licensed, | 2 | | as verified by a
physician, unless the person is on | 3 | | inactive status pursuant
to Department regulations;
| 4 | | (F) The licensee is mentally impaired to the
extent | 5 | | that he or she cannot exercise the appropriate | 6 | | judgment,
skill and safety for performing the | 7 | | functions for which he
or she is licensed, as verified | 8 | | by a physician, unless the person
is on inactive status | 9 | | pursuant to Department regulations;
| 10 | | (G) The licensee has violated this Act or any
rule | 11 | | adopted by the Department pursuant to this Act; or | 12 | | (H) The licensee has been convicted (or entered a | 13 | | plea of guilty or nolo contendere nolo-contendere ) by a | 14 | | court of competent jurisdiction of a Class X, Class 1, | 15 | | or Class 2 felony in this State or an out-of-state | 16 | | equivalent offense. | 17 | | (9) Prescribe education and training requirements in | 18 | | the administration and use of opioid antagonists for all | 19 | | levels of EMS personnel based on the National EMS | 20 | | Educational Standards and any modifications to those | 21 | | curricula specified by the Department through rules | 22 | | adopted pursuant to this Act. | 23 | | (d-5) An EMR, EMD, EMT, EMT-I, A-EMT, Paramedic, ECRN, | 24 | | PHAPRN, PHPA, or PHRN who is a member of the Illinois National | 25 | | Guard or an Illinois State Trooper or who exclusively serves as | 26 | | a volunteer for units of local government with a population |
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| 1 | | base of less than 5,000 or as a volunteer
for a not-for-profit | 2 | | organization that serves a service area
with a population base | 3 | | of less than 5,000 may submit an application to the Department | 4 | | for a waiver of the fees described under paragraph (7) of | 5 | | subsection (d) of this Section on a form prescribed by the | 6 | | Department. | 7 | | The education requirements prescribed by the Department | 8 | | under this Section must allow for the suspension of those | 9 | | requirements in the case of a member of the armed services or | 10 | | reserve forces of the United States or a member of the Illinois | 11 | | National Guard who is on active duty pursuant to an executive | 12 | | order of the President of the United States, an act of the | 13 | | Congress of the United States, or an order of the Governor at | 14 | | the time that the member would otherwise be required to fulfill | 15 | | a particular education requirement. Such a person must fulfill | 16 | | the education requirement within 6 months after his or her | 17 | | release from active duty.
| 18 | | (e) In the event that any rule of the
Department or an EMS | 19 | | Medical Director that requires testing for drug
use as a | 20 | | condition of the applicable EMS personnel license conflicts | 21 | | with or
duplicates a provision of a collective bargaining | 22 | | agreement
that requires testing for drug use, that rule shall | 23 | | not
apply to any person covered by the collective bargaining
| 24 | | agreement.
| 25 | | (Source: P.A. 99-480, eff. 9-9-15; 100-1082, eff. 8-24-19; | 26 | | revised 10-4-18.)
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| 1 | | (210 ILCS 50/3.89 new) | 2 | | Sec. 3.89. Medical assisted transport providers. | 3 | | (a) In this Section: | 4 | | "Medical assisted transport provider"
means an entity | 5 | | licensed by the Department to provide
non-emergency | 6 | | bedside-to-bedside transportation of patients in compliance | 7 | | with this Act or the rules adopted by the Department pursuant | 8 | | to this Act, using a medical assisted transport vehicle. | 9 | | "Medical assisted transport vehicle" means any publicly or | 10 | | privately owned on-road vehicle that is equipped for, intended | 11 | | to be used for, and operated for non-emergency | 12 | | bedside-to-bedside transportation. | 13 | | (b) The Department shall: | 14 | | (1) require that all medical assisted transport
| 15 | | providers, both publicly and privately owned, be licensed | 16 | | by the Department; and | 17 | | (2) establish staffing, licensing, safety, and | 18 | | training standards and requirements for medical assisted | 19 | | transport providers through rules adopted under this Act,
| 20 | | including, but not limited to, the following: | 21 | | (A) vehicle design, specification, operation, and | 22 | | maintenance standards; | 23 | | (B) safety equipment requirements and standards; | 24 | | (C) medical supply and equipment requirements and | 25 | | standards, including, but not limited to, the |
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| 1 | | requirement to have the following medical supply and | 2 | | equipment items on each medical assisted transport | 3 | | vehicle: | 4 | | (i) a first aid kit; and | 5 | | (ii) a communication device to contact local | 6 | | EMS providers. | 7 | | (D) training and hiring requirements, including, | 8 | | but not limited to, the requirement that all staff | 9 | | members providing medical assisted transport services | 10 | | under this Section: | 11 | | (i) have not been convicted by a court of | 12 | | competent jurisdiction of (or have not entered a | 13 | | plea of guilty or nolo contendere to) a Class X, | 14 | | Class 1, or Class 2 felony in this State or an | 15 | | out-of-state equivalent offense; | 16 | | (ii) have been drug tested prior to hiring and | 17 | | have passed such drug test; however, if that | 18 | | testing for drug use conflicts with or duplicates a | 19 | | provision of a collective bargaining agreement | 20 | | that requires testing for drug use, this | 21 | | subdivision shall not apply to any person covered | 22 | | by that collective bargaining agreement; | 23 | | (iii) have completed the safety training | 24 | | specified in subsection (e) of Section 5-4.2 of the | 25 | | Illinois Public Aid Code and appropriate training | 26 | | in patient lifting and moving, which includes |
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| 1 | | wheelchair transport via stairs; | 2 | | (iv) have completed defensive driving training | 3 | | equivalent to the National Safety Council's | 4 | | Coaching the Van Driver 3 course; | 5 | | (v) have completed basic first aid training | 6 | | equivalent to
the American Red Cross's First Aid | 7 | | course; and | 8 | | (vi) have completed cardiopulmonary | 9 | | resuscitation (CPR) training; and | 10 | | (E) annual license renewal and licensing | 11 | | standards, including, but not limited to: | 12 | | (i) licensing all medical assisted transport | 13 | | providers
that have met the Department's | 14 | | requirements for licensure; | 15 | | (ii) annually inspecting all licensed medical | 16 | | assisted
transport providers and relicensing | 17 | | providers that have met
the Department's | 18 | | requirements for license renewal; | 19 | | (iii) suspending, revoking, refusing to issue, | 20 | | or refusing to
renew the license of any medical | 21 | | assisted transport
provider, or that portion of a | 22 | | license pertaining to a
specific vehicle operated | 23 | | by a provider, after an
opportunity for a hearing | 24 | | and when findings show that the
provider or one or | 25 | | more of its vehicles has failed to
comply with the | 26 | | rules adopted by the Department pursuant to
this |
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| 1 | | Act; | 2 | | (iv) issuing an emergency suspension order for | 3 | | any medical
assisted transport provider or vehicle | 4 | | licensed under this
Act when the Director or his or | 5 | | her designee has determined
that an immediate or | 6 | | serious danger to the public health,
safety, and | 7 | | welfare exists; suspension or revocation
| 8 | | proceedings that offer an opportunity for a | 9 | | hearing shall
be promptly initiated after the | 10 | | emergency suspension order
has been issued; | 11 | | (v) prohibiting any medical assisted transport | 12 | | provider
from advertising, identifying its | 13 | | vehicles, or disseminating information in a false | 14 | | or misleading manner concerning the provider's | 15 | | type and level of vehicles, location, response | 16 | | times, level of personnel, licensure status, or | 17 | | EMS System participation; and | 18 | | (vi) charging each medical assisted transport | 19 | | provider a
fee that shall not exceed $25 per | 20 | | vehicle nor $500 per
provider; the fee shall be | 21 | | submitted with each application
for licensure and | 22 | | license renewal. | 23 | | (c) A medical assisted transport provider may provide
| 24 | | transport to a passenger who is ambulatory or is in a
| 25 | | wheelchair if all of the following requirements are
met: | 26 | | (1) The passenger needs no medical monitoring or
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| 1 | | clinical observation. | 2 | | (2) The passenger is transported as follows: | 3 | | (A) if the
passenger resides in a facility licensed | 4 | | under the Nursing
Home Care Act, from the inside of
his | 5 | | or her room to a room at a physician's office or to a
| 6 | | ward, unit, or room of a hospital licensed under the
| 7 | | Hospital Licensing Act or operated under the | 8 | | University of
Illinois Hospital Act; or | 9 | | (B) from a room at a physician's
office or the | 10 | | ward, unit, or room of a hospital licensed under
the | 11 | | Hospital Licensing Act or operated under the | 12 | | University
of Illinois Hospital Act to the inside of | 13 | | his or her
residence or, if the passenger resides in a | 14 | | facility
licensed under the Nursing Home Care Act, to | 15 | | the inside of
his or her room. | 16 | | (d) A medical assisted transport provider may not transport
| 17 | | a passenger who meets any of the following conditions: | 18 | | (1) He or she is acutely ill, wounded, or medically
| 19 | | unstable as determined by a licensed physician. | 20 | | (2) He or she is experiencing an emergency medical
| 21 | | condition, an acute medical condition, or a sudden illness
| 22 | | or injury. | 23 | | (3) He or she was administered a medication that might
| 24 | | prevent the passenger from caring for himself or herself. | 25 | | (4) He or she requires active medical monitoring,
| 26 | | clinical observation, isolation precautions, supplemental
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| 1 | | oxygen that is not self-administered, continuous airway
| 2 | | management, suctioning during transport, or the
| 3 | | administration of intravenous fluids during transport. | 4 | | (e) The Medical Assisted Transport Licensure Fund is | 5 | | created as a special fund in the State treasury for the purpose | 6 | | of receiving fines and fees collected by the Department of | 7 | | Public Health pursuant to this Act. Moneys in the Fund shall be | 8 | | used by
the Department, subject to appropriation, to implement | 9 | | this
Section.
| 10 | | (210 ILCS 50/3.220)
| 11 | | Sec. 3.220. EMS Assistance Fund.
| 12 | | (a) There is hereby created an "EMS Assistance
Fund" within | 13 | | the State treasury, for the purpose of receiving
fines and fees | 14 | | collected by the Illinois Department of
Public Health pursuant | 15 | | to this Act.
| 16 | | (b) (Blank).
| 17 | | (b-5) All licensing, testing, and certification fees | 18 | | authorized by this Act, excluding ambulance licensure fees, | 19 | | within this fund shall be used by the Department for | 20 | | administration, oversight, and enforcement of activities | 21 | | authorized under this Act. | 22 | | (c) All other moneys within this fund shall be
distributed | 23 | | by the Department to the EMS Regions for
disbursement in | 24 | | accordance with protocols established in the
EMS Region Plans, | 25 | | for the purposes of organization,
development and improvement |
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| 1 | | of Emergency Medical Services
Systems, including but not | 2 | | limited to training of personnel
and acquisition, modification | 3 | | and maintenance of necessary
supplies, equipment and vehicles.
| 4 | | (d) All fees and fines collected pursuant to this
Act shall | 5 | | be deposited into the EMS Assistance Fund, except that : (1) all | 6 | | fees collected under Section 3.86 in connection with the | 7 | | licensure of stretcher van providers shall be deposited into | 8 | | the Stretcher Van Licensure Fund ; and (2) all fees collected | 9 | | under
Section 3.89 in connection with the licensure of medical
| 10 | | assisted transport providers shall be deposited into the
| 11 | | Medical Assisted Transport Licensure Fund .
| 12 | | (Source: P.A. 100-201, eff. 8-18-17.)
| 13 | | Section 15. The Illinois Public Aid Code is amended by | 14 | | changing Section 5-4.2 as follows:
| 15 | | (305 ILCS 5/5-4.2) (from Ch. 23, par. 5-4.2)
| 16 | | Sec. 5-4.2. Ambulance services payments. | 17 | | (a) For
ambulance
services provided to a recipient of aid | 18 | | under this Article on or after
January 1, 1993, the Illinois | 19 | | Department shall reimburse ambulance service
providers at | 20 | | rates calculated in accordance with this Section. It is the | 21 | | intent
of the General Assembly to provide adequate | 22 | | reimbursement for ambulance
services so as to ensure adequate | 23 | | access to services for recipients of aid
under this Article and | 24 | | to provide appropriate incentives to ambulance service
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| 1 | | providers to provide services in an efficient and | 2 | | cost-effective manner. Thus,
it is the intent of the General | 3 | | Assembly that the Illinois Department implement
a | 4 | | reimbursement system for ambulance services that, to the extent | 5 | | practicable
and subject to the availability of funds | 6 | | appropriated by the General Assembly
for this purpose, is | 7 | | consistent with the payment principles of Medicare. To
ensure | 8 | | uniformity between the payment principles of Medicare and | 9 | | Medicaid, the
Illinois Department shall follow, to the extent | 10 | | necessary and practicable and
subject to the availability of | 11 | | funds appropriated by the General Assembly for
this purpose, | 12 | | the statutes, laws, regulations, policies, procedures,
| 13 | | principles, definitions, guidelines, and manuals used to | 14 | | determine the amounts
paid to ambulance service providers under | 15 | | Title XVIII of the Social Security
Act (Medicare).
| 16 | | (b) For ambulance services provided to a recipient of aid | 17 | | under this Article
on or after January 1, 1996, the Illinois | 18 | | Department shall reimburse ambulance
service providers based | 19 | | upon the actual distance traveled if a natural
disaster, | 20 | | weather conditions, road repairs, or traffic congestion | 21 | | necessitates
the use of a
route other than the most direct | 22 | | route.
| 23 | | (c) For purposes of this Section, "ambulance services" | 24 | | includes medical
transportation services provided by means of | 25 | | an ambulance, medical assisted transportation, medi-car, | 26 | | service
car, or
taxi.
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| 1 | | (c-1) For purposes of this Section, "ground ambulance | 2 | | service" means medical transportation services that are | 3 | | described as ground ambulance services by the Centers for | 4 | | Medicare and Medicaid Services and provided in a vehicle that | 5 | | is licensed as an ambulance by the Illinois Department of | 6 | | Public Health pursuant to the Emergency Medical Services (EMS) | 7 | | Systems Act. | 8 | | (c-2) For purposes of this Section, "ground ambulance | 9 | | service provider" means a vehicle service provider as described | 10 | | in the Emergency Medical Services (EMS) Systems Act that | 11 | | operates licensed ambulances for the purpose of providing | 12 | | emergency ambulance services, or non-emergency ambulance | 13 | | services, or both. For purposes of this Section, this includes | 14 | | both ambulance providers and ambulance suppliers as described | 15 | | by the Centers for Medicare and Medicaid Services. | 16 | | (c-3) For purposes of this Section, "medi-car" means | 17 | | transportation services provided to a patient who is confined | 18 | | to a wheelchair and requires the use of a hydraulic or electric | 19 | | lift or ramp and wheelchair lockdown when the patient's | 20 | | condition does not require medical observation, medical | 21 | | supervision, medical equipment, the administration of | 22 | | medications, or the administration of oxygen. | 23 | | (c-4) For purposes of this Section, "service car" means | 24 | | transportation services provided to a patient by a passenger | 25 | | vehicle where that patient does not require the specialized | 26 | | modes described in subsection (c-1) or (c-3). |
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| 1 | | (d) This Section does not prohibit separate billing by | 2 | | ambulance service
providers for oxygen furnished while | 3 | | providing advanced life support
services.
| 4 | | (e) All Beginning with services rendered on or after July | 5 | | 1, 2008, all providers of non-emergency medical assisted | 6 | | transportation, medi-car and service car transportation must | 7 | | certify that the driver and employee attendant, as applicable, | 8 | | have completed a safety program approved by the Department to | 9 | | protect both the patient and the driver, prior to transporting | 10 | | a patient.
The provider must maintain this certification in its | 11 | | records. The provider shall produce such documentation upon | 12 | | demand by the Department or its representative. Failure to | 13 | | produce documentation of such training shall result in recovery | 14 | | of any payments made by the Department for services rendered by | 15 | | a non-certified driver or employee attendant. Medical assisted | 16 | | transportation, medi-car, Medi-car and service car providers | 17 | | must maintain legible documentation in their records of the | 18 | | driver and, as applicable, employee attendant that actually | 19 | | transported the patient. Providers must recertify all drivers | 20 | | and employee attendants every 3 years.
| 21 | | Notwithstanding the requirements above, any public | 22 | | transportation provider of medi-car and service car | 23 | | transportation that receives federal funding under 49 U.S.C. | 24 | | 5307 and 5311 need not certify its drivers and employee | 25 | | attendants under this Section, since safety training is already | 26 | | federally mandated.
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| 1 | | (f) With respect to any policy or program administered by | 2 | | the Department or its agent regarding approval of non-emergency | 3 | | medical transportation by ground ambulance service providers, | 4 | | including, but not limited to, the Non-Emergency | 5 | | Transportation Services Prior Approval Program (NETSPAP), the | 6 | | Department shall establish by rule a process by which ground | 7 | | ambulance service providers of non-emergency medical | 8 | | transportation may appeal any decision by the Department or its | 9 | | agent for which no denial was received prior to the time of | 10 | | transport that either (i) denies a request for approval for | 11 | | payment of non-emergency transportation by means of ground | 12 | | ambulance service or (ii) grants a request for approval of | 13 | | non-emergency transportation by means of ground ambulance | 14 | | service at a level of service that entitles the ground | 15 | | ambulance service provider to a lower level of compensation | 16 | | from the Department than the ground ambulance service provider | 17 | | would have received as compensation for the level of service | 18 | | requested. The rule shall be filed by December 15, 2012 and | 19 | | shall provide that, for any decision rendered by the Department | 20 | | or its agent on or after the date the rule takes effect, the | 21 | | ground ambulance service provider shall have 60 days from the | 22 | | date the decision is received to file an appeal. The rule | 23 | | established by the Department shall be, insofar as is | 24 | | practical, consistent with the Illinois Administrative | 25 | | Procedure Act. The Director's decision on an appeal under this | 26 | | Section shall be a final administrative decision subject to |
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| 1 | | review under the Administrative Review Law. | 2 | | (f-5) Beginning 90 days after July 20, 2012 (the effective | 3 | | date of Public Act 97-842), (i) no denial of a request for | 4 | | approval for payment of non-emergency transportation by means | 5 | | of ground ambulance service, and (ii) no approval of | 6 | | non-emergency transportation by means of ground ambulance | 7 | | service at a level of service that entitles the ground | 8 | | ambulance service provider to a lower level of compensation | 9 | | from the Department than would have been received at the level | 10 | | of service submitted by the ground ambulance service provider, | 11 | | may be issued by the Department or its agent unless the | 12 | | Department has submitted the criteria for determining the | 13 | | appropriateness of the transport for first notice publication | 14 | | in the Illinois Register pursuant to Section 5-40 of the | 15 | | Illinois Administrative Procedure Act. | 16 | | (g) Whenever a patient covered by a medical assistance | 17 | | program under this Code or by another medical program | 18 | | administered by the Department, including a patient covered | 19 | | under the State's Medicaid managed care program, is being | 20 | | transported from a facility and requires non-emergency | 21 | | transportation including ground ambulance, medi-car, or | 22 | | service car transportation, a Physician Certification | 23 | | Statement as described in this Section shall be required for | 24 | | each patient. Facilities shall develop procedures for a | 25 | | licensed medical professional to provide a written and signed | 26 | | Physician Certification Statement. The Physician Certification |
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| 1 | | Statement shall specify the level of transportation services | 2 | | needed and complete a medical certification establishing the | 3 | | criteria for approval of non-emergency ambulance | 4 | | transportation, as published by the Department of Healthcare | 5 | | and Family Services, that is met by the patient. This | 6 | | certification shall be completed prior to ordering the | 7 | | transportation service and prior to patient discharge. The | 8 | | Physician Certification Statement is not required prior to | 9 | | transport if a delay in transport can be expected to negatively | 10 | | affect the patient outcome. | 11 | | The medical certification specifying the level and type of | 12 | | non-emergency transportation needed shall be in the form of the | 13 | | Physician Certification Statement on a standardized form | 14 | | prescribed by the Department of Healthcare and Family Services. | 15 | | Within 75 days after July 27, 2018 ( the effective date of | 16 | | Public Act 100-646) this amendatory Act of the 100th General | 17 | | Assembly , the Department of Healthcare and Family Services | 18 | | shall develop a standardized form of the Physician | 19 | | Certification Statement specifying the level and type of | 20 | | transportation services needed in consultation with the | 21 | | Department of Public Health, Medicaid managed care | 22 | | organizations, a statewide association representing ambulance | 23 | | providers, a statewide association representing hospitals, 3 | 24 | | statewide associations representing nursing homes, and other | 25 | | stakeholders. The Physician Certification Statement shall | 26 | | include, but is not limited to, the criteria necessary to |
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| 1 | | demonstrate medical necessity for the level of transport needed | 2 | | as required by (i) the Department of Healthcare and Family | 3 | | Services and (ii) the federal Centers for Medicare and Medicaid | 4 | | Services as outlined in the Centers for Medicare and Medicaid | 5 | | Services' Medicare Benefit Policy Manual, Pub. 100-02, Chap. | 6 | | 10, Sec. 10.2.1, et seq. The use of the Physician Certification | 7 | | Statement shall satisfy the obligations of hospitals under | 8 | | Section 6.22 of the Hospital Licensing Act and nursing homes | 9 | | under Section 2-217 of the Nursing Home Care Act. | 10 | | Implementation and acceptance of the Physician Certification | 11 | | Statement shall take place no later than 90 days after the | 12 | | issuance of the Physician Certification Statement by the | 13 | | Department of Healthcare and Family Services. | 14 | | Pursuant to subsection (E) of Section 12-4.25 of this Code, | 15 | | the Department is entitled to recover overpayments paid to a | 16 | | provider or vendor, including, but not limited to, from the | 17 | | discharging physician, the discharging facility, and the | 18 | | ground ambulance service provider, in instances where a | 19 | | non-emergency ground ambulance service is rendered as the | 20 | | result of improper or false certification. | 21 | | Beginning October 1, 2018, the Department of Healthcare and | 22 | | Family Services shall collect data from Medicaid managed care | 23 | | organizations and transportation brokers, including the | 24 | | Department's NETSPAP broker, regarding denials and appeals | 25 | | related to the missing or incomplete Physician Certification | 26 | | Statement forms and overall compliance with this subsection. |
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| 1 | | The Department of Healthcare and Family Services shall publish | 2 | | quarterly results on its website within 15 days following the | 3 | | end of each quarter. | 4 | | (h) On and after July 1, 2012, the Department shall reduce | 5 | | any rate of reimbursement for services or other payments or | 6 | | alter any methodologies authorized by this Code to reduce any | 7 | | rate of reimbursement for services or other payments in | 8 | | accordance with Section 5-5e. | 9 | | (i) On and after July 1, 2018, the Department shall | 10 | | increase the base rate of reimbursement for both base charges | 11 | | and mileage charges for ground ambulance service providers for | 12 | | medical transportation services provided by means of a ground | 13 | | ambulance to a level not lower than 112% of the base rate in | 14 | | effect as of June 30, 2018. | 15 | | (j) On and after July 1, 2019, the Department shall: | 16 | | (1)
set the base rate of reimbursement for base charges | 17 | | for medical assisted transportation at a level not lower | 18 | | than 250% of the base rate for medi-car services in effect | 19 | | on July 1, 2019; | 20 | | (2) set the mileage rate of reimbursement for mileage | 21 | | for medical assisted transportation at a level not lower | 22 | | than 250% of the mileage rate for medi-car services in | 23 | | effect on July 1, 2019; | 24 | | (3) set a rate for bed/chair lift assist for medical | 25 | | assisted transportation at a level not lower than 250% of | 26 | | the rate for an additional attendant for medicare services |
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| 1 | | in effect on July 1, 2019; and | 2 | | (4) set a rate for stair lift assist for medical | 3 | | assisted transportation at a level not to exceed $75 per | 4 | | stair lift assist over 4 stairs. | 5 | | (Source: P.A. 100-587, eff. 6-4-18; 100-646, eff. 7-27-18; | 6 | | revised 8-27-18.)
| 7 | | Section 95. No acceleration or delay. Where this Act makes | 8 | | changes in a statute that is represented in this Act by text | 9 | | that is not yet or no longer in effect (for example, a Section | 10 | | represented by multiple versions), the use of that text does | 11 | | not accelerate or delay the taking effect of (i) the changes | 12 | | made by this Act or (ii) provisions derived from any other | 13 | | Public Act.
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