Illinois General Assembly - Full Text of HB3213
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Full Text of HB3213  99th General Assembly

HB3213enr 99TH GENERAL ASSEMBLY



 


 
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1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Emergency Medical Services (EMS) Systems Act
5is amended by changing Section 32.5 as follows:
 
6    (210 ILCS 50/32.5)
7    Sec. 32.5. Freestanding Emergency Center.
8    (a) The Department shall issue an annual Freestanding
9Emergency Center (FEC) license to any facility that has
10received a permit from the Health Facilities and Services
11Review Board to establish a Freestanding Emergency Center by
12January 1, 2015, and:
13        (1) is located: (A) in a municipality with a population
14    of 50,000 or fewer inhabitants; (B) within 50 miles of the
15    hospital that owns or controls the FEC; and (C) within 50
16    miles of the Resource Hospital affiliated with the FEC as
17    part of the EMS System;
18        (2) is wholly owned or controlled by an Associate or
19    Resource Hospital, but is not a part of the hospital's
20    physical plant;
21        (3) meets the standards for licensed FECs, adopted by
22    rule of the Department, including, but not limited to:
23            (A) facility design, specification, operation, and

 

 

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1        maintenance standards;
2            (B) equipment standards; and
3            (C) the number and qualifications of emergency
4        medical personnel and other staff, which must include
5        at least one board certified emergency physician
6        present at the FEC 24 hours per day.
7        (4) limits its participation in the EMS System strictly
8    to receiving a limited number of BLS runs by emergency
9    medical vehicles according to protocols developed by the
10    Resource Hospital within the FEC's designated EMS System
11    and approved by the Project Medical Director and the
12    Department;
13        (5) provides comprehensive emergency treatment
14    services, as defined in the rules adopted by the Department
15    pursuant to the Hospital Licensing Act, 24 hours per day,
16    on an outpatient basis;
17        (6) provides an ambulance and maintains on site
18    ambulance services staffed with paramedics 24 hours per
19    day;
20        (7) (blank);
21        (8) complies with all State and federal patient rights
22    provisions, including, but not limited to, the Emergency
23    Medical Treatment Act and the federal Emergency Medical
24    Treatment and Active Labor Act;
25        (9) maintains a communications system that is fully
26    integrated with its Resource Hospital within the FEC's

 

 

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1    designated EMS System;
2        (10) reports to the Department any patient transfers
3    from the FEC to a hospital within 48 hours of the transfer
4    plus any other data determined to be relevant by the
5    Department;
6        (11) submits to the Department, on a quarterly basis,
7    the FEC's morbidity and mortality rates for patients
8    treated at the FEC and other data determined to be relevant
9    by the Department;
10        (12) does not describe itself or hold itself out to the
11    general public as a full service hospital or hospital
12    emergency department in its advertising or marketing
13    activities;
14        (13) complies with any other rules adopted by the
15    Department under this Act that relate to FECs;
16        (14) passes the Department's site inspection for
17    compliance with the FEC requirements of this Act;
18        (15) submits a copy of the permit issued by the Health
19    Facilities and Services Review Board indicating that the
20    facility has complied with the Illinois Health Facilities
21    Planning Act with respect to the health services to be
22    provided at the facility;
23        (16) submits an application for designation as an FEC
24    in a manner and form prescribed by the Department by rule;
25    and
26        (17) pays the annual license fee as determined by the

 

 

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1    Department by rule.
2    (a-5) Notwithstanding any other provision of this Section,
3the Department may issue an annual FEC license to a facility
4that is located in a county that does not have a licensed
5general acute care hospital if the facility's application for a
6permit from the Illinois Health Facilities Planning Board has
7been deemed complete by the Department of Public Health by
8January 1, 2014 and if the facility complies with the
9requirements set forth in paragraphs (1) through (17) of
10subsection (a).
11    (a-10) Notwithstanding any other provision of this
12Section, the Department may issue an annual FEC license to a
13facility if the facility has, by January 1, 2014, filed a
14letter of intent to establish an FEC and if the facility
15complies with the requirements set forth in paragraphs (1)
16through (17) of subsection (a).
17    (a-15) Notwithstanding any other provision of this
18Section, the Department shall issue an annual FEC license to a
19facility if the facility: (i) discontinues operation as a
20hospital within 180 days after the effective date of this
21amendatory Act of the 99th General Assembly with a Health
22Facilities and Services Review Board project number of
23E-017-15; (ii) has an application for a permit to establish an
24FEC from the Health Facilities and Services Review Board that
25is deemed complete by January 1, 2017; and (iii) complies with
26the requirements set forth in paragraphs (1) through (17) of

 

 

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1subsection (a) of this Section.
2    (b) The Department shall:
3        (1) annually inspect facilities of initial FEC
4    applicants and licensed FECs, and issue annual licenses to
5    or annually relicense FECs that satisfy the Department's
6    licensure requirements as set forth in subsection (a);
7        (2) suspend, revoke, refuse to issue, or refuse to
8    renew the license of any FEC, after notice and an
9    opportunity for a hearing, when the Department finds that
10    the FEC has failed to comply with the standards and
11    requirements of the Act or rules adopted by the Department
12    under the Act;
13        (3) issue an Emergency Suspension Order for any FEC
14    when the Director or his or her designee has determined
15    that the continued operation of the FEC poses an immediate
16    and serious danger to the public health, safety, and
17    welfare. An opportunity for a hearing shall be promptly
18    initiated after an Emergency Suspension Order has been
19    issued; and
20        (4) adopt rules as needed to implement this Section.
21(Source: P.A. 96-23, eff. 6-30-09; 96-31, eff. 6-30-09; 96-883,
22eff. 3-1-10; 96-1000, eff. 7-2-10; 97-333, eff. 8-12-11;
2397-1112, eff. 8-27-12.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.