Illinois General Assembly - Full Text of HB0365
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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.


LRB101 04556 CPF 49564 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0365LRB101 04556 CPF 49564 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 State Finance Act is amended by adding
5Section 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
9Act is amended by changing Sections 3.50 and 3.220 and by
10adding 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
14levels.
15    (a) "Emergency Medical Technician" or "EMT" means a person
16who has successfully completed a course in basic life support
17as approved by the Department, is currently licensed by the
18Department in accordance with standards prescribed by this Act
19and rules adopted by the Department pursuant to this Act, and
20practices within an EMS System. A valid Emergency Medical
21Technician-Basic (EMT-B) license issued under this Act shall

 

 

HB0365- 2 -LRB101 04556 CPF 49564 b

1continue to be valid and shall be recognized as an Emergency
2Medical Technician (EMT) license until the Emergency Medical
3Technician-Basic (EMT-B) license expires.
4    (b) "Emergency Medical Technician-Intermediate" or "EMT-I"
5means a person who has successfully completed a course in
6intermediate life support as approved by the Department, is
7currently licensed by the Department in accordance with
8standards prescribed by this Act and rules adopted by the
9Department pursuant to this Act, and practices within an
10Intermediate or Advanced Life Support EMS System.
11    (b-5) "Advanced Emergency Medical Technician" or "A-EMT"
12means a person who has successfully completed a course in basic
13and limited advanced emergency medical care as approved by the
14Department, is currently licensed by the Department in
15accordance with standards prescribed by this Act and rules
16adopted by the Department pursuant to this Act, and practices
17within an Intermediate or Advanced Life Support EMS System.
18    (c) "Paramedic (EMT-P)" means a person who has successfully
19completed a course in advanced life support care as approved by
20the Department, is licensed by the Department in accordance
21with standards prescribed by this Act and rules adopted by the
22Department pursuant to this Act, and practices within an
23Advanced Life Support EMS System. A valid Emergency Medical
24Technician-Paramedic (EMT-P) license issued under this Act
25shall continue to be valid and shall be recognized as a
26Paramedic license until the Emergency Medical

 

 

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1Technician-Paramedic (EMT-P) license expires.
2    (c-5) "Emergency Medical Responder" or "EMR (First
3Responder)" means a person who has successfully completed a
4course in emergency medical response as approved by the
5Department and provides emergency medical response services
6prior to the arrival of an ambulance or specialized emergency
7medical services vehicle, in accordance with the level of care
8established by the National EMS Educational Standards
9Emergency Medical Responder course as modified by the
10Department. An Emergency Medical Responder who provides
11services as part of an EMS System response plan shall comply
12with the applicable sections of the Program Plan, as approved
13by the Department, of that EMS System. The Department shall
14have the authority to adopt rules governing the curriculum,
15practice, and necessary equipment applicable to Emergency
16Medical Responders.
17    On August 15, 2014 (the effective date of Public Act
1898-973) this amendatory Act of the 98th General Assembly, a
19person who is licensed by the Department as a First Responder
20and has completed a Department-approved course in first
21responder defibrillator training based on, or equivalent to,
22the National EMS Educational Standards or other standards
23previously recognized by the Department shall be eligible for
24licensure as an Emergency Medical Responder upon meeting the
25licensure requirements and submitting an application to the
26Department. A valid First Responder license issued under this

 

 

HB0365- 4 -LRB101 04556 CPF 49564 b

1Act shall continue to be valid and shall be recognized as an
2Emergency Medical Responder license until the First Responder
3license expires.
4    (c-10) All EMS Systems and licensees shall be fully
5compliant with the National EMS Education Standards, as
6modified by the Department in administrative rules, within 24
7months after the adoption of the administrative rules.
8    (d) The Department shall have the authority and
9responsibility 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

 

 

HB0365- 6 -LRB101 04556 CPF 49564 b

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

 

 

HB0365- 7 -LRB101 04556 CPF 49564 b

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

 

 

HB0365- 8 -LRB101 04556 CPF 49564 b

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

 

 

HB0365- 9 -LRB101 04556 CPF 49564 b

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
6PHRN who is a member of the Illinois National Guard or an
7Illinois State Trooper or who exclusively serves as a volunteer
8for units of local government with a population base of less
9than 5,000 or as a volunteer for a not-for-profit organization
10that serves a service area with a population base of less than
115,000 may submit an application to the Department for a waiver
12of the fees described under paragraph (7) of subsection (d) of
13this Section on a form prescribed by the Department.
14    The education requirements prescribed by the Department
15under this Section must allow for the suspension of those
16requirements in the case of a member of the armed services or
17reserve forces of the United States or a member of the Illinois
18National Guard who is on active duty pursuant to an executive
19order of the President of the United States, an act of the
20Congress of the United States, or an order of the Governor at
21the time that the member would otherwise be required to fulfill
22a particular education requirement. Such a person must fulfill
23the education requirement within 6 months after his or her
24release from active duty.
25    (e) In the event that any rule of the Department or an EMS
26Medical Director that requires testing for drug use as a

 

 

HB0365- 10 -LRB101 04556 CPF 49564 b

1condition of the applicable EMS personnel license conflicts
2with or duplicates a provision of a collective bargaining
3agreement that requires testing for drug use, that rule shall
4not apply to any person covered by the collective bargaining
5agreement.
6(Source: P.A. 98-53, eff. 1-1-14; 98-463, eff. 8-16-13; 98-973,
7eff. 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
10levels.
11    (a) "Emergency Medical Technician" or "EMT" means a person
12who has successfully completed a course in basic life support
13as approved by the Department, is currently licensed by the
14Department in accordance with standards prescribed by this Act
15and rules adopted by the Department pursuant to this Act, and
16practices within an EMS System. A valid Emergency Medical
17Technician-Basic (EMT-B) license issued under this Act shall
18continue to be valid and shall be recognized as an Emergency
19Medical Technician (EMT) license until the Emergency Medical
20Technician-Basic (EMT-B) license expires.
21    (b) "Emergency Medical Technician-Intermediate" or "EMT-I"
22means a person who has successfully completed a course in
23intermediate life support as approved by the Department, is
24currently licensed by the Department in accordance with
25standards prescribed by this Act and rules adopted by the

 

 

HB0365- 11 -LRB101 04556 CPF 49564 b

1Department pursuant to this Act, and practices within an
2Intermediate or Advanced Life Support EMS System.
3    (b-5) "Advanced Emergency Medical Technician" or "A-EMT"
4means a person who has successfully completed a course in basic
5and limited advanced emergency medical care as approved by the
6Department, is currently licensed by the Department in
7accordance with standards prescribed by this Act and rules
8adopted by the Department pursuant to this Act, and practices
9within an Intermediate or Advanced Life Support EMS System.
10    (c) "Paramedic (EMT-P)" means a person who has successfully
11completed a course in advanced life support care as approved by
12the Department, is licensed by the Department in accordance
13with standards prescribed by this Act and rules adopted by the
14Department pursuant to this Act, and practices within an
15Advanced Life Support EMS System. A valid Emergency Medical
16Technician-Paramedic (EMT-P) license issued under this Act
17shall continue to be valid and shall be recognized as a
18Paramedic license until the Emergency Medical
19Technician-Paramedic (EMT-P) license expires.
20    (c-5) "Emergency Medical Responder" or "EMR (First
21Responder)" means a person who has successfully completed a
22course in emergency medical response as approved by the
23Department and provides emergency medical response services
24prior to the arrival of an ambulance or specialized emergency
25medical services vehicle, in accordance with the level of care
26established by the National EMS Educational Standards

 

 

HB0365- 12 -LRB101 04556 CPF 49564 b

1Emergency Medical Responder course as modified by the
2Department. An Emergency Medical Responder who provides
3services as part of an EMS System response plan shall comply
4with the applicable sections of the Program Plan, as approved
5by the Department, of that EMS System. The Department shall
6have the authority to adopt rules governing the curriculum,
7practice, and necessary equipment applicable to Emergency
8Medical Responders.
9    On August 15, 2014 (the effective date of Public Act
1098-973) this amendatory Act of the 98th General Assembly, a
11person who is licensed by the Department as a First Responder
12and has completed a Department-approved course in first
13responder defibrillator training based on, or equivalent to,
14the National EMS Educational Standards or other standards
15previously recognized by the Department shall be eligible for
16licensure as an Emergency Medical Responder upon meeting the
17licensure requirements and submitting an application to the
18Department. A valid First Responder license issued under this
19Act shall continue to be valid and shall be recognized as an
20Emergency Medical Responder license until the First Responder
21license expires.
22    (c-10) All EMS Systems and licensees shall be fully
23compliant with the National EMS Education Standards, as
24modified by the Department in administrative rules, within 24
25months after the adoption of the administrative rules.
26    (d) The Department shall have the authority and

 

 

HB0365- 13 -LRB101 04556 CPF 49564 b

1responsibility 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

 

 

HB0365- 14 -LRB101 04556 CPF 49564 b

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,

 

 

HB0365- 15 -LRB101 04556 CPF 49564 b

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

 

 

HB0365- 16 -LRB101 04556 CPF 49564 b

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

 

 

HB0365- 17 -LRB101 04556 CPF 49564 b

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,
24PHAPRN, PHPA, or PHRN who is a member of the Illinois National
25Guard or an Illinois State Trooper or who exclusively serves as
26a volunteer for units of local government with a population

 

 

HB0365- 18 -LRB101 04556 CPF 49564 b

1base of less than 5,000 or as a volunteer for a not-for-profit
2organization that serves a service area with a population base
3of less than 5,000 may submit an application to the Department
4for a waiver of the fees described under paragraph (7) of
5subsection (d) of this Section on a form prescribed by the
6Department.
7    The education requirements prescribed by the Department
8under this Section must allow for the suspension of those
9requirements in the case of a member of the armed services or
10reserve forces of the United States or a member of the Illinois
11National Guard who is on active duty pursuant to an executive
12order of the President of the United States, an act of the
13Congress of the United States, or an order of the Governor at
14the time that the member would otherwise be required to fulfill
15a particular education requirement. Such a person must fulfill
16the education requirement within 6 months after his or her
17release from active duty.
18    (e) In the event that any rule of the Department or an EMS
19Medical Director that requires testing for drug use as a
20condition of the applicable EMS personnel license conflicts
21with or duplicates a provision of a collective bargaining
22agreement that requires testing for drug use, that rule shall
23not apply to any person covered by the collective bargaining
24agreement.
25(Source: P.A. 99-480, eff. 9-9-15; 100-1082, eff. 8-24-19;
26revised 10-4-18.)
 

 

 

HB0365- 19 -LRB101 04556 CPF 49564 b

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
5licensed by the Department to provide non-emergency
6bedside-to-bedside transportation of patients in compliance
7with this Act or the rules adopted by the Department pursuant
8to this Act, using a medical assisted transport vehicle.
9    "Medical assisted transport vehicle" means any publicly or
10privately owned on-road vehicle that is equipped for, intended
11to be used for, and operated for non-emergency
12bedside-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
24transport to a passenger who is ambulatory or is in a
25wheelchair 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
17a 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
5created as a special fund in the State treasury for the purpose
6of receiving fines and fees collected by the Department of
7Public Health pursuant to this Act. Moneys in the Fund shall be
8used by the Department, subject to appropriation, to implement
9this 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
13the State treasury, for the purpose of receiving fines and fees
14collected by the Illinois Department of Public Health pursuant
15to this Act.
16    (b) (Blank).
17    (b-5) All licensing, testing, and certification fees
18authorized by this Act, excluding ambulance licensure fees,
19within this fund shall be used by the Department for
20administration, oversight, and enforcement of activities
21authorized under this Act.
22    (c) All other moneys within this fund shall be distributed
23by the Department to the EMS Regions for disbursement in
24accordance with protocols established in the EMS Region Plans,
25for the purposes of organization, development and improvement

 

 

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1of Emergency Medical Services Systems, including but not
2limited to training of personnel and acquisition, modification
3and maintenance of necessary supplies, equipment and vehicles.
4    (d) All fees and fines collected pursuant to this Act shall
5be deposited into the EMS Assistance Fund, except that: (1) all
6fees collected under Section 3.86 in connection with the
7licensure of stretcher van providers shall be deposited into
8the Stretcher Van Licensure Fund; and (2) all fees collected
9under Section 3.89 in connection with the licensure of medical
10assisted transport providers shall be deposited into the
11Medical 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
14changing 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
18under this Article on or after January 1, 1993, the Illinois
19Department shall reimburse ambulance service providers at
20rates calculated in accordance with this Section. It is the
21intent of the General Assembly to provide adequate
22reimbursement for ambulance services so as to ensure adequate
23access to services for recipients of aid under this Article and
24to provide appropriate incentives to ambulance service

 

 

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1providers to provide services in an efficient and
2cost-effective manner. Thus, it is the intent of the General
3Assembly that the Illinois Department implement a
4reimbursement system for ambulance services that, to the extent
5practicable and subject to the availability of funds
6appropriated by the General Assembly for this purpose, is
7consistent with the payment principles of Medicare. To ensure
8uniformity between the payment principles of Medicare and
9Medicaid, the Illinois Department shall follow, to the extent
10necessary and practicable and subject to the availability of
11funds appropriated by the General Assembly for this purpose,
12the statutes, laws, regulations, policies, procedures,
13principles, definitions, guidelines, and manuals used to
14determine the amounts paid to ambulance service providers under
15Title XVIII of the Social Security Act (Medicare).
16    (b) For ambulance services provided to a recipient of aid
17under this Article on or after January 1, 1996, the Illinois
18Department shall reimburse ambulance service providers based
19upon the actual distance traveled if a natural disaster,
20weather conditions, road repairs, or traffic congestion
21necessitates the use of a route other than the most direct
22route.
23    (c) For purposes of this Section, "ambulance services"
24includes medical transportation services provided by means of
25an ambulance, medical assisted transportation, medi-car,
26service car, or taxi.

 

 

HB0365- 27 -LRB101 04556 CPF 49564 b

1    (c-1) For purposes of this Section, "ground ambulance
2service" means medical transportation services that are
3described as ground ambulance services by the Centers for
4Medicare and Medicaid Services and provided in a vehicle that
5is licensed as an ambulance by the Illinois Department of
6Public Health pursuant to the Emergency Medical Services (EMS)
7Systems Act.
8    (c-2) For purposes of this Section, "ground ambulance
9service provider" means a vehicle service provider as described
10in the Emergency Medical Services (EMS) Systems Act that
11operates licensed ambulances for the purpose of providing
12emergency ambulance services, or non-emergency ambulance
13services, or both. For purposes of this Section, this includes
14both ambulance providers and ambulance suppliers as described
15by the Centers for Medicare and Medicaid Services.
16    (c-3) For purposes of this Section, "medi-car" means
17transportation services provided to a patient who is confined
18to a wheelchair and requires the use of a hydraulic or electric
19lift or ramp and wheelchair lockdown when the patient's
20condition does not require medical observation, medical
21supervision, medical equipment, the administration of
22medications, or the administration of oxygen.
23    (c-4) For purposes of this Section, "service car" means
24transportation services provided to a patient by a passenger
25vehicle where that patient does not require the specialized
26modes described in subsection (c-1) or (c-3).

 

 

HB0365- 28 -LRB101 04556 CPF 49564 b

1    (d) This Section does not prohibit separate billing by
2ambulance service providers for oxygen furnished while
3providing advanced life support services.
4    (e) All Beginning with services rendered on or after July
51, 2008, all providers of non-emergency medical assisted
6transportation, medi-car and service car transportation must
7certify that the driver and employee attendant, as applicable,
8have completed a safety program approved by the Department to
9protect both the patient and the driver, prior to transporting
10a patient. The provider must maintain this certification in its
11records. The provider shall produce such documentation upon
12demand by the Department or its representative. Failure to
13produce documentation of such training shall result in recovery
14of any payments made by the Department for services rendered by
15a non-certified driver or employee attendant. Medical assisted
16transportation, medi-car, Medi-car and service car providers
17must maintain legible documentation in their records of the
18driver and, as applicable, employee attendant that actually
19transported the patient. Providers must recertify all drivers
20and employee attendants every 3 years.
21    Notwithstanding the requirements above, any public
22transportation provider of medi-car and service car
23transportation that receives federal funding under 49 U.S.C.
245307 and 5311 need not certify its drivers and employee
25attendants under this Section, since safety training is already
26federally mandated.

 

 

HB0365- 29 -LRB101 04556 CPF 49564 b

1    (f) With respect to any policy or program administered by
2the Department or its agent regarding approval of non-emergency
3medical transportation by ground ambulance service providers,
4including, but not limited to, the Non-Emergency
5Transportation Services Prior Approval Program (NETSPAP), the
6Department shall establish by rule a process by which ground
7ambulance service providers of non-emergency medical
8transportation may appeal any decision by the Department or its
9agent for which no denial was received prior to the time of
10transport that either (i) denies a request for approval for
11payment of non-emergency transportation by means of ground
12ambulance service or (ii) grants a request for approval of
13non-emergency transportation by means of ground ambulance
14service at a level of service that entitles the ground
15ambulance service provider to a lower level of compensation
16from the Department than the ground ambulance service provider
17would have received as compensation for the level of service
18requested. The rule shall be filed by December 15, 2012 and
19shall provide that, for any decision rendered by the Department
20or its agent on or after the date the rule takes effect, the
21ground ambulance service provider shall have 60 days from the
22date the decision is received to file an appeal. The rule
23established by the Department shall be, insofar as is
24practical, consistent with the Illinois Administrative
25Procedure Act. The Director's decision on an appeal under this
26Section shall be a final administrative decision subject to

 

 

HB0365- 30 -LRB101 04556 CPF 49564 b

1review under the Administrative Review Law.
2    (f-5) Beginning 90 days after July 20, 2012 (the effective
3date of Public Act 97-842), (i) no denial of a request for
4approval for payment of non-emergency transportation by means
5of ground ambulance service, and (ii) no approval of
6non-emergency transportation by means of ground ambulance
7service at a level of service that entitles the ground
8ambulance service provider to a lower level of compensation
9from the Department than would have been received at the level
10of service submitted by the ground ambulance service provider,
11may be issued by the Department or its agent unless the
12Department has submitted the criteria for determining the
13appropriateness of the transport for first notice publication
14in the Illinois Register pursuant to Section 5-40 of the
15Illinois Administrative Procedure Act.
16    (g) Whenever a patient covered by a medical assistance
17program under this Code or by another medical program
18administered by the Department, including a patient covered
19under the State's Medicaid managed care program, is being
20transported from a facility and requires non-emergency
21transportation including ground ambulance, medi-car, or
22service car transportation, a Physician Certification
23Statement as described in this Section shall be required for
24each patient. Facilities shall develop procedures for a
25licensed medical professional to provide a written and signed
26Physician Certification Statement. The Physician Certification

 

 

HB0365- 31 -LRB101 04556 CPF 49564 b

1Statement shall specify the level of transportation services
2needed and complete a medical certification establishing the
3criteria for approval of non-emergency ambulance
4transportation, as published by the Department of Healthcare
5and Family Services, that is met by the patient. This
6certification shall be completed prior to ordering the
7transportation service and prior to patient discharge. The
8Physician Certification Statement is not required prior to
9transport if a delay in transport can be expected to negatively
10affect the patient outcome.
11    The medical certification specifying the level and type of
12non-emergency transportation needed shall be in the form of the
13Physician Certification Statement on a standardized form
14prescribed by the Department of Healthcare and Family Services.
15Within 75 days after July 27, 2018 (the effective date of
16Public Act 100-646) this amendatory Act of the 100th General
17Assembly, the Department of Healthcare and Family Services
18shall develop a standardized form of the Physician
19Certification Statement specifying the level and type of
20transportation services needed in consultation with the
21Department of Public Health, Medicaid managed care
22organizations, a statewide association representing ambulance
23providers, a statewide association representing hospitals, 3
24statewide associations representing nursing homes, and other
25stakeholders. The Physician Certification Statement shall
26include, but is not limited to, the criteria necessary to

 

 

HB0365- 32 -LRB101 04556 CPF 49564 b

1demonstrate medical necessity for the level of transport needed
2as required by (i) the Department of Healthcare and Family
3Services and (ii) the federal Centers for Medicare and Medicaid
4Services as outlined in the Centers for Medicare and Medicaid
5Services' Medicare Benefit Policy Manual, Pub. 100-02, Chap.
610, Sec. 10.2.1, et seq. The use of the Physician Certification
7Statement shall satisfy the obligations of hospitals under
8Section 6.22 of the Hospital Licensing Act and nursing homes
9under Section 2-217 of the Nursing Home Care Act.
10Implementation and acceptance of the Physician Certification
11Statement shall take place no later than 90 days after the
12issuance of the Physician Certification Statement by the
13Department of Healthcare and Family Services.
14    Pursuant to subsection (E) of Section 12-4.25 of this Code,
15the Department is entitled to recover overpayments paid to a
16provider or vendor, including, but not limited to, from the
17discharging physician, the discharging facility, and the
18ground ambulance service provider, in instances where a
19non-emergency ground ambulance service is rendered as the
20result of improper or false certification.
21    Beginning October 1, 2018, the Department of Healthcare and
22Family Services shall collect data from Medicaid managed care
23organizations and transportation brokers, including the
24Department's NETSPAP broker, regarding denials and appeals
25related to the missing or incomplete Physician Certification
26Statement forms and overall compliance with this subsection.

 

 

HB0365- 33 -LRB101 04556 CPF 49564 b

1The Department of Healthcare and Family Services shall publish
2quarterly results on its website within 15 days following the
3end of each quarter.
4    (h) On and after July 1, 2012, the Department shall reduce
5any rate of reimbursement for services or other payments or
6alter any methodologies authorized by this Code to reduce any
7rate of reimbursement for services or other payments in
8accordance with Section 5-5e.
9    (i) On and after July 1, 2018, the Department shall
10increase the base rate of reimbursement for both base charges
11and mileage charges for ground ambulance service providers for
12medical transportation services provided by means of a ground
13ambulance to a level not lower than 112% of the base rate in
14effect 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

 

 

HB0365- 34 -LRB101 04556 CPF 49564 b

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;
6revised 8-27-18.)
 
7    Section 95. No acceleration or delay. Where this Act makes
8changes in a statute that is represented in this Act by text
9that is not yet or no longer in effect (for example, a Section
10represented by multiple versions), the use of that text does
11not accelerate or delay the taking effect of (i) the changes
12made by this Act or (ii) provisions derived from any other
13Public Act.