Full Text of HB4699 95th General Assembly
HB4699ham002 95TH GENERAL ASSEMBLY
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Rep. Bob Biggins
Filed: 4/14/2008
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| AMENDMENT TO HOUSE BILL 4699
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| AMENDMENT NO. ______. Amend House Bill 4699, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 1. Short title. This Act may be cited as the | 6 |
| Stroke Center Recognition Act. | 7 |
| Section 5. Findings. The General Assembly finds and | 8 |
| declares that: | 9 |
| (1) Despite significant advances in diagnosis, | 10 |
| treatment, and prevention, stroke remains the third | 11 |
| highest killer in the United States. An estimated 700,000 | 12 |
| to 750,000 new and recurrent strokes occur each year in | 13 |
| this country; and with the aging of the population, the | 14 |
| number of persons who have strokes is projected to increase | 15 |
| each year. Stroke is the number 3 killer of Illinois | 16 |
| residents and leads to the death of more than 7,500 |
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| citizens of Illinois each year and disables thousands more. | 2 |
| Illinois, Indiana, and Ohio have higher stroke mortality | 3 |
| rates than neighboring states Michigan, Minnesota, and | 4 |
| Wisconsin. | 5 |
| (2) A level of stroke center and Regional Stroke Center | 6 |
| Systems should be established for the treatment of acute | 7 |
| stroke. Primary Stroke Centers should be established in | 8 |
| acute care hospitals to evaluate, stabilize, and provide | 9 |
| emergency care to patients with acute stroke. | 10 |
| (3) It is in the best interest of the residents of this | 11 |
| State to have a program to recognize stroke centers | 12 |
| throughout the State, to provide specific patient care to | 13 |
| ensure that acute stroke patients receive safe and | 14 |
| effective care, and to provide financial support to acute | 15 |
| care hospitals to maintain and develop stroke centers. | 16 |
| Further it is in the best interest of the people of the | 17 |
| State of Illinois to improve the State's emergency medical | 18 |
| response to assure that stroke patients may be quickly | 19 |
| identified and transported to and treated in facilities | 20 |
| that provide timely and appropriate treatment for stroke | 21 |
| patients. | 22 |
| Section 10. Definitions. For purposes of this Act: | 23 |
| "Department" means the Illinois Department of Public | 24 |
| Health. | 25 |
| "Director" means the Director of the Illinois Department of |
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| Public Health. | 2 |
| "Emergency Medical Services Provider" or "EMS provider" | 3 |
| means a vehicle service provider which coordinates and provides | 4 |
| pre-hospital and inter-hospital emergency care and | 5 |
| non-emergency medical transports at a Basic Level Support | 6 |
| Service, Intermediate Life Support Service, or Advanced Life | 7 |
| Support Service level, or any combination thereof, pursuant to | 8 |
| an EMS System program plan submitted to and approved by the | 9 |
| Department, and pursuant to the EMS Regional Plan adopted for | 10 |
| the EMS Region in which the system is located. | 11 |
| "Emergency Medical Services Region" or "EMS Region" means a | 12 |
| geographic area designated by the Department that encompasses | 13 |
| EMS Systems and trauma centers, in which emergency medical | 14 |
| services, trauma centers, and non-emergency medical services | 15 |
| are coordinated under an EMS Region Plan. | 16 |
| "Emergency Medical Services System" or "EMS System" means | 17 |
| an organization of hospitals, vehicle service providers and | 18 |
| personnel approved by the Department in a specific geographic | 19 |
| area, which coordinates and provides pre-hospital and | 20 |
| inter-hospital emergency care and non-emergency medical | 21 |
| transports at a BLS, ILS, or ALS level pursuant to a system | 22 |
| program plan submitted to and approved by the Department and | 23 |
| pursuant to the EMS Regional Plan adopted for the EMS Region in | 24 |
| which the EMS System is located. | 25 |
| "Emergency Medical Services Medical Director" or "EMS | 26 |
| Medical Director" means the physician, appointed by the |
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| Resource Hospital, who has the responsibility and authority for | 2 |
| total management of the EMS System. | 3 |
| "Primary Stroke Center" means a hospital that has been | 4 |
| designated by the Joint Commission, or other | 5 |
| nationally-recognized accrediting body as approved by the | 6 |
| Department of Public Health as qualifying and maintaining | 7 |
| conformance with the requirements of this Act. | 8 |
| "Regional EMS Medical Directors Committee" or "Committee" | 9 |
| means a group comprised of the Region's EMS Medical Directors, | 10 |
| along with the medical advisor to a fire department vehicle | 11 |
| service provider. For Regions that include a municipal fire | 12 |
| department serving a population of over 2,000,000 people, that | 13 |
| fire department's medical advisor shall serve on the Committee. | 14 |
| For other EMS Regions, the fire department vehicle service | 15 |
| providers shall select which medical advisor to serve on the | 16 |
| Committee on an annual basis. | 17 |
| "Regional Stroke Center System" means Primary Stroke | 18 |
| Centers recognized by the Department, EMS Systems, and all | 19 |
| pre-hospital care providers in an EMS Region. | 20 |
| "Resource Hospital" means the hospital with the authority | 21 |
| and the responsibility for an EMS System as outlined in the | 22 |
| Department-approved EMS System Program Plan. | 23 |
| Section 15. Recognition of Primary Stroke Centers. | 24 |
| (a) The Department shall recognize any hospital as a | 25 |
| designated Primary Stroke Center if the hospital meets any of |
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| the following criteria: | 2 |
| (1) is designated a Primary Stroke Center by the Joint | 3 |
| Commission; | 4 |
| (2) is designated a Primary Stroke Center by a | 5 |
| nationally-recognized accrediting body as approved by the | 6 |
| Department, provided that the designation criteria of the | 7 |
| accrediting body are in keeping with the most recent | 8 |
| evidence-based stroke guidelines as determined by national | 9 |
| organizations recognized for leadership and expertise in | 10 |
| evidence-based practices related to reducing the | 11 |
| occurrence, disabilities and death associated with stroke. | 12 |
| (b) The Department shall re-recognize a hospital as a | 13 |
| Primary Stroke Center every 2 years. | 14 |
| (c) Each hospital designated a Primary Stroke Center shall | 15 |
| notify the Department of its designation within 30 days after | 16 |
| receiving that designation. Each hospital shall notify the | 17 |
| Department if it ceases to be a Primary Stroke Center, within | 18 |
| 30 days after it ceases having that designation. | 19 |
| (d) The Department may suspend its recognition of a | 20 |
| hospital's Primary Stroke Center designation at the request of | 21 |
| the hospital seeking a suspended status. | 22 |
| Section 20. Grants.
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| (a) In order to encourage and ensure the establishment and | 24 |
| retention of Primary Stroke Centers throughout the State, the | 25 |
| Director may award matching grants to hospitals that have been |
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| designated Primary Stroke Centers or that seek designation as | 2 |
| Primary Stroke Centers, to be used for necessary | 3 |
| infrastructure, including personnel and equipment, or to meet | 4 |
| the fee requirements for accreditation surveys in order to | 5 |
| satisfy the criteria for designation. A matching grant shall | 6 |
| not exceed $250,000 or 50% of the hospital's cost for the | 7 |
| necessary infrastructure, whichever is less. Monies shall be | 8 |
| given for this purpose as they are intended for this purpose. | 9 |
| (b) The Director may award grant monies to Primary Stroke | 10 |
| Centers for the purpose of developing a stroke network. | 11 |
| (c) A Primary Stroke Center or a hospital seeking | 12 |
| designation as a Primary Stroke Center may apply to the | 13 |
| Director for a matching grant in a manner and form designated | 14 |
| by the Director and shall provide information as the Director | 15 |
| deems necessary to determine if the hospital is eligible for | 16 |
| the grant.
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| (d) Matching grant awards shall be made to Primary Stroke | 18 |
| Centers or to hospitals seeking designation as a Primary Stroke | 19 |
| Center, placing greatest priority on facilities in areas with | 20 |
| high stroke morbidity rates and achieving geographic diversity | 21 |
| where possible.
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| Section 25. Reporting.
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| (a) The Director shall, not later than July 1, 2010, | 24 |
| prepare and submit to the Governor, the President of the | 25 |
| Senate, and the Speaker of the House of Representatives a |
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| report indicating the total number of hospitals that have | 2 |
| applied for grants under Section 20 of this Act, the project | 3 |
| for which the application was submitted, the number of those | 4 |
| applicants that have been found eligible for the grants, the | 5 |
| total number of grants awarded, the name and address of each | 6 |
| grantee, and the amount of the award issued to each grantee.
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| (b) The Director shall, not later than September 1, 2009, | 8 |
| prepare and submit to the Governor, the President of the | 9 |
| Senate, and the Speaker of the House of Representatives a | 10 |
| report indicating, as of August 1, 2009, the total number of | 11 |
| hospitals that have attained Primary Stroke Center designation | 12 |
| and the accrediting body through which Primary Stroke Center | 13 |
| designations were attained.
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| (c) By September 1, 2009, the Director shall send the list | 15 |
| of recognized Primary Stroke Centers to all Resource Hospital | 16 |
| EMS Medical Directors in this State and shall post a list of | 17 |
| recognized Primary Stroke Centers on the Department's website.
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| (d) The Department shall add Primary Stroke Centers | 19 |
| immediately to the website listing upon notice to the | 20 |
| Department; any Primary Stroke Center whose designation is | 21 |
| revoked shall be removed from the website listing immediately | 22 |
| upon notice to the Department.
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| (e) The Department shall administer a data collection | 24 |
| system to collect data reported by Primary Stroke Centers to | 25 |
| the Joint Commission or other accrediting body as required to | 26 |
| fulfill Primary Stroke Center designation requirements. The |
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| Department shall work with each Primary Stroke Center to | 2 |
| capture information using existing electronic reporting tools | 3 |
| used for accreditation purposes. Nothing in this Section shall | 4 |
| be construed to empower the Department to specify the form of | 5 |
| internal recordkeeping. The data collection system and data | 6 |
| collected shall comply with the following requirements: | 7 |
| (1) The confidentiality of patient records shall be | 8 |
| maintained in accordance with State and federal | 9 |
| regulations on the confidentiality of records. | 10 |
| (2) Hospitals shall not be required to submit financial | 11 |
| information that is proprietary in nature and unrelated to | 12 |
| the scope or purposes of this Act. | 13 |
| (3) Information submitted to the Department shall be | 14 |
| privileged, strictly confidential, and shall be used only | 15 |
| for medical research and the evaluation and improvement of | 16 |
| quality care. The identity, or any group of facts that | 17 |
| tends to lead to the identity, of any person or facility is | 18 |
| confidential and shall not be open to public inspection or | 19 |
| dissemination. Data submitted to the Department pursuant | 20 |
| to this Act shall not be a public record within the meaning | 21 |
| contained in the Illinois Freedom of Information Act. The | 22 |
| Director shall submit standards or guidelines for ensuring | 23 |
| the protection of data collected by the Department to the | 24 |
| General Assembly for approval pursuant to Section 45 of | 25 |
| this Act. | 26 |
| (4) Primary Stroke Centers may provide complete copies |
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| of the same reports they submit to the Joint Commission or | 2 |
| other accrediting body. The Department shall access this | 3 |
| information directly from an accrediting body provided | 4 |
| that the Primary Stroke Center has granted the Department | 5 |
| permission to do so. The Department shall provide the | 6 |
| Primary Stroke Center with a copy of the data received from | 7 |
| the accreditation body so the Primary Stroke Center can | 8 |
| verify its accuracy.
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| (5) The aggregate data shall be made available to any | 10 |
| and all government agencies or contractors of government | 11 |
| agencies that have responsibility for the management and | 12 |
| administration of emergency medical services throughout | 13 |
| the State. | 14 |
| (6) The Department shall compile the data and report it | 15 |
| in aggregate form to be posted annually on its website. The | 16 |
| results of this report may be used by the EMS Regions and | 17 |
| the Department to conduct training regarding best | 18 |
| practices in the treatment of stroke.
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| (7) The data specific to a Primary Stroke Center shall | 20 |
| be made available only if that Primary Stroke Center | 21 |
| provides the Department written authorization for the | 22 |
| release of the data.
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| Section 30. Emergency medical services providers; triage | 24 |
| and transportation of a possible acute stroke patient to a | 25 |
| Primary Stroke Center.
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| (a) The Director shall submit a proposed stroke assessment | 2 |
| tool to the General Assembly for approval pursuant to Section | 3 |
| 45 of this Act. Upon approval by the General Assembly, the | 4 |
| Director shall distribute the standardized stroke assessment | 5 |
| tool. The Director must post this stroke assessment tool on the | 6 |
| Department's website and provide a copy of the assessment tool | 7 |
| to each licensed emergency medical services provider no later | 8 |
| than January 15, 2010. Each EMS System must use a stroke-triage | 9 |
| assessment tool that conforms with and is substantially similar | 10 |
| to the sample stroke-triage assessment tool provided by the | 11 |
| Department.
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| (b) The Director shall work with EMS System Medical | 13 |
| Directors and Regional Stroke Center Systems to establish | 14 |
| protocols related to the assessment, treatment, and transport | 15 |
| of possible acute stroke patients by licensed emergency medical | 16 |
| services providers. Such protocols shall include regional | 17 |
| transport plans for the triage and transport of possible acute | 18 |
| stroke patients to the most appropriate facility, which may | 19 |
| include the bypass of health care facilities not designated as | 20 |
| Primary Stroke Centers when it is appropriate to do so.
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| Hospitals that are part of a stroke network shall not be | 22 |
| bypassed unless it is appropriate to do so. | 23 |
| (c) Each EMS System in the State shall comply with the | 24 |
| protocols established by the EMS Region related to the | 25 |
| assessment, treatment, and transport of possible acute stroke | 26 |
| patients by licensed emergency medical services providers in |
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| the State and with all of the Sections of this Act by March 1, | 2 |
| 2010.
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| (d) Each EMS System must address the items described in | 4 |
| subsections (a) through (c) of this Section through the | 5 |
| established quality improvement and patient outcome reviews as | 6 |
| provided in the EMS Regional Plan. | 7 |
| Section 35. Restricted practices. This Act is not a medical | 8 |
| practice guideline and may not be used to restrict the | 9 |
| authority of a hospital to provide services for which it has | 10 |
| received a license under State law. The General Assembly | 11 |
| intends that all patients be treated individually based on each | 12 |
| patient's needs and circumstances.
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| Section 40. Authorization to advertise.
A person may not | 14 |
| claim or advertise to the public, by way of any medium | 15 |
| whatsoever, that a hospital is a Primary Stroke Center unless | 16 |
| the hospital is designated a Primary Stroke Center in | 17 |
| accordance with this Act.
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| Section 45. No authority to make or promulgate rules. | 19 |
| Notwithstanding any other rulemaking authority that may exist, | 20 |
| neither the Governor nor any agency or agency head under the | 21 |
| jurisdiction of the Governor has any authority to make or | 22 |
| promulgate rules to implement or enforce the provisions of this | 23 |
| Act. If, however, the Governor believes that rules are |
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| necessary to implement or enforce the provisions of this Act, | 2 |
| the Governor may suggest rules to the General Assembly by | 3 |
| filing them with the Clerk of the House and Secretary of the | 4 |
| Senate and by requesting that the General Assembly authorize | 5 |
| such rulemaking by law, enact those suggested rules into law, | 6 |
| or take any other appropriate action in the General Assembly's | 7 |
| discretion. Nothing contained in this Act shall be interpreted | 8 |
| to grant rulemaking authority under any other Illinois statute | 9 |
| where such authority is not otherwise explicitly given. For the | 10 |
| purposes of this Act, "rules" is given the meaning contained in | 11 |
| Section 1-70 of the Illinois Administrative Procedure Act, and | 12 |
| "agency" and "agency head" are given the meanings contained in | 13 |
| Sections 1-20 and 1-25 of the Illinois Administrative Procedure | 14 |
| Act to the extent that such definitions apply to agencies or | 15 |
| agency heads under the jurisdiction of the Governor.
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| Section 99. Effective date. This Act takes effect upon | 17 |
| becoming law.".
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