Full Text of HB1322 98th General Assembly
HB1322ham002 98TH GENERAL ASSEMBLY | Rep. Jay Hoffman Filed: 3/21/2014
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| 1 | | AMENDMENT TO HOUSE BILL 1322
| 2 | | AMENDMENT NO. ______. Amend House Bill 1322 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. The Emergency Medical Services (EMS) Systems | 5 | | Act is amended by changing Section 3.190 as follows:
| 6 | | (210 ILCS 50/3.190)
| 7 | | Sec. 3.190. Emergency Department Classifications. The | 8 | | Department shall have the authority and
responsibility to:
| 9 | | (a) Establish criteria for classifying the
emergency | 10 | | departments of all hospitals within the State as
| 11 | | Comprehensive, Basic, or Standby. In establishing such
| 12 | | criteria, the Department may consult with the Illinois
| 13 | | Hospital Licensing Board and incorporate by reference all
| 14 | | or part of existing standards adopted as rules pursuant to
| 15 | | the Hospital Licensing Act or Emergency Medical Treatment
| 16 | | Act;
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| 1 | | (b) Classify the emergency departments of all
| 2 | | hospitals within the State in accordance with this Section;
| 3 | | (c) Annually publish, and distribute to all EMS
| 4 | | Systems, a list reflecting the classification of all
| 5 | | emergency departments.
| 6 | | For the purposes of paragraphs (a) and (b) of this Section, | 7 | | long-term acute care hospitals and rehabilitation hospitals , | 8 | | as defined under the Hospital Emergency Service Act, are not | 9 | | required to provide hospital emergency services . Long-term | 10 | | acute care hospitals and rehabilitation hospitals with no | 11 | | emergency department and shall be classified as not available. | 12 | | (Source: P.A. 97-667, eff. 1-13-12; 98-463, eff. 8-16-13.)
| 13 | | Section 3. The Hospital Emergency Service Act is amended by | 14 | | changing Sections 1 and 1.3 as follows:
| 15 | | (210 ILCS 80/1) (from Ch. 111 1/2, par. 86)
| 16 | | Sec. 1.
Every hospital required to be licensed by the | 17 | | Department of Public
Health pursuant to the Hospital Licensing | 18 | | Act which provides general medical
and surgical
hospital | 19 | | services, except long-term acute care hospitals and | 20 | | rehabilitation hospitals identified in Section 1.3 of this Act, | 21 | | shall provide a hospital emergency service in accordance
with | 22 | | rules and regulations adopted by the Department of Public | 23 | | Health and
shall furnish such hospital emergency services to | 24 | | any applicant who applies
for the same in case of injury or |
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| 1 | | acute medical condition where the same is
liable to cause death | 2 | | or severe injury or serious illness.
For purposes of this Act, | 3 | | "applicant" includes any person who is brought
to a hospital by | 4 | | ambulance or specialized emergency medical services
vehicle as | 5 | | defined in the Emergency Medical Services (EMS) Systems Act.
| 6 | | (Source: P.A. 97-667, eff. 1-13-12.)
| 7 | | (210 ILCS 80/1.3) | 8 | | Sec. 1.3. Long-term acute care hospitals and | 9 | | rehabilitation hospitals . For the purpose of this Act, general | 10 | | acute care hospitals designated by Medicare as long-term acute | 11 | | care hospitals and rehabilitation hospitals are not required to | 12 | | provide hospital emergency services described in Section 1 of | 13 | | this Act. Hospitals defined in this Section may provide | 14 | | hospital emergency services at their option. | 15 | | Any long-term acute care hospital defined in this Section | 16 | | that opts to discontinue or otherwise not provide emergency | 17 | | services described in Section 1 shall: | 18 | | (1) comply with all provisions of the federal Emergency | 19 | | Medical Treatment and & Labor Act (EMTALA); | 20 | | (2) comply with all provisions required under the | 21 | | Social Security Act; | 22 | | (3) provide annual notice to communities in the | 23 | | hospital's service area about available emergency medical | 24 | | services; and | 25 | | (4) make educational materials available to |
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| 1 | | individuals who are present at the hospital concerning the | 2 | | availability of medical services within the hospital's | 3 | | service area. | 4 | | Long-term acute care hospitals that operate standby | 5 | | emergency services as of January 1, 2011 may discontinue | 6 | | hospital emergency services by notifying the Department of | 7 | | Public Health. Long-term acute care hospitals that operate | 8 | | basic or comprehensive emergency services must notify the | 9 | | Health Facilities and Services Review Board and follow the | 10 | | appropriate procedures.
| 11 | | Any rehabilitation hospital that opts to discontinue or | 12 | | otherwise not provide emergency services described in Section 1 | 13 | | shall: | 14 | | (1) comply with all provisions of the federal Emergency | 15 | | Medical Treatment and Active Labor Act (EMTALA); | 16 | | (2) comply with all provisions required under the | 17 | | Social Security Act; | 18 | | (3) provide annual notice to communities in the | 19 | | hospital's service area about available emergency medical | 20 | | services; | 21 | | (4) make educational materials available to | 22 | | individuals who are present at the hospital concerning the | 23 | | availability of medical services within the hospital's | 24 | | service area; | 25 | | (5) not use the term "hospital" in its name or on any | 26 | | signage; and |
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| 1 | | (6) notify in writing the Department and the Health | 2 | | Facilities and Services Review Board of the | 3 | | discontinuation. | 4 | | (Source: P.A. 97-667, eff. 1-13-12; revised 9-11-13.) | 5 | | Section 5. The Hospital Licensing Act is amended by | 6 | | changing Sections 5 and 6 and by adding Section 14.5 as | 7 | | follows:
| 8 | | (210 ILCS 85/5) (from Ch. 111 1/2, par. 146)
| 9 | | Sec. 5.
(a) An application for a permit to establish a | 10 | | hospital shall be
made to the Department upon forms provided by | 11 | | it. This application shall
contain such information as the | 12 | | Department reasonably requires, which shall
include | 13 | | affirmative evidence on which the Director may make the | 14 | | findings
required under Section 6a of this Act.
| 15 | | (b) An application for a license to open, conduct, operate, | 16 | | and maintain
a hospital shall be made to the Department upon | 17 | | forms provided by it , accompanied by a license fee of $55 per | 18 | | bed, or such lesser amount as the Department may establish by | 19 | | administrative rule in consultation with the Department of | 20 | | Healthcare and Family Services to comply with the limitations | 21 | | on health care-related taxes imposed by 42 U.S.C. 1396b(w) | 22 | | that, if violated, would result in reductions to the amount of | 23 | | federal financial participation received by the State for | 24 | | Medicaid expenditures, and
shall contain such information as |
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| 1 | | the Department reasonably requires, which
may include | 2 | | affirmative evidence of ability to comply with the provisions
| 3 | | of this Act and the standards, rules, and regulations, | 4 | | promulgated by
virtue thereof.
| 5 | | (c) All applications required under this Section shall be | 6 | | signed by the
applicant and shall be verified. Applications on | 7 | | behalf of a corporation or
association or a governmental unit | 8 | | or agency shall be made and verified by
any two officers | 9 | | thereof.
| 10 | | (Source: Laws 1965, p. 2350.)
| 11 | | (210 ILCS 85/6) (from Ch. 111 1/2, par. 147)
| 12 | | Sec. 6.
(a) Upon receipt of an application for a permit to | 13 | | establish
a hospital the Director shall issue a permit if he | 14 | | finds (1) that the
applicant is fit, willing, and able to | 15 | | provide a proper standard of
hospital service for the community | 16 | | with particular regard to the
qualification, background, and | 17 | | character of the applicant, (2) that the
financial resources | 18 | | available to the applicant demonstrate an ability to
construct, | 19 | | maintain, and operate a hospital in accordance with the
| 20 | | standards, rules, and regulations adopted pursuant to this Act, | 21 | | and (3)
that safeguards are provided which assure hospital | 22 | | operation and
maintenance consistent with the public interest | 23 | | having particular regard
to safe, adequate, and efficient | 24 | | hospital facilities and services.
| 25 | | The Director may request the cooperation of county and
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| 1 | | multiple-county health departments, municipal boards of | 2 | | health, and
other governmental and non-governmental agencies | 3 | | in obtaining
information and in conducting investigations | 4 | | relating to such
applications.
| 5 | | A permit to establish a hospital shall be valid only for | 6 | | the premises
and person named in the application for such | 7 | | permit and shall not be
transferable or assignable.
| 8 | | In the event the Director issues a permit to establish a | 9 | | hospital the
applicant shall thereafter submit plans and | 10 | | specifications to the
Department in accordance with Section 8 | 11 | | of this Act.
| 12 | | (b) Upon receipt of an application for license to open, | 13 | | conduct,
operate, and maintain a hospital, the Director shall | 14 | | issue a license if
he finds the applicant and the hospital | 15 | | facilities comply with
standards, rules, and regulations | 16 | | promulgated under this Act. A license,
unless sooner suspended | 17 | | or revoked, shall be renewable annually upon
approval by the | 18 | | Department and payment of a license fee as established pursuant | 19 | | to Section 5 of this Act . Each license shall be issued only for | 20 | | the
premises and persons named in the application and shall not | 21 | | be
transferable or assignable. Licenses shall be posted in a | 22 | | conspicuous
place on the licensed premises. The Department may, | 23 | | either before or
after the issuance of a license, request the | 24 | | cooperation of the State Fire
Marshal, county
and multiple | 25 | | county health departments, or municipal boards of health to
| 26 | | make investigations to determine if the applicant or licensee |
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| 1 | | is
complying with the minimum standards prescribed by the | 2 | | Department. The
report and recommendations of any such agency | 3 | | shall be in writing and
shall state with particularity its | 4 | | findings with respect to compliance
or noncompliance with such | 5 | | minimum standards, rules, and regulations.
| 6 | | The Director may issue a provisional license to any | 7 | | hospital which
does not substantially comply with the | 8 | | provisions of this Act and the
standards, rules, and | 9 | | regulations promulgated by virtue thereof provided
that he | 10 | | finds that such hospital has undertaken changes and corrections
| 11 | | which upon completion will render the hospital in substantial | 12 | | compliance
with the provisions of this Act, and the standards, | 13 | | rules, and
regulations adopted hereunder, and provided that the | 14 | | health and safety
of the patients of the hospital will be | 15 | | protected during the period for
which such provisional license | 16 | | is issued. The Director shall advise the
licensee of the | 17 | | conditions under which such provisional license is
issued, | 18 | | including the manner in which the hospital facilities fail to
| 19 | | comply with the provisions of the Act, standards, rules, and
| 20 | | regulations, and the time within which the changes and | 21 | | corrections
necessary for such hospital facilities to | 22 | | substantially comply with this
Act, and the standards, rules, | 23 | | and regulations of the Department
relating thereto shall be | 24 | | completed.
| 25 | | (Source: P.A. 80-56.)
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| 1 | | (210 ILCS 85/14.5 new) | 2 | | Sec. 14.5. Hospital Licensure Fund. | 3 | | (a) There is created in the State treasury the Hospital | 4 | | Licensure Fund. The Fund is created for the purpose of | 5 | | providing funding for the administration of the licensure | 6 | | program and patient safety and quality initiatives for | 7 | | hospitals, including, without limitation, the implementation | 8 | | of the Illinois Adverse Health Care Events Reporting Law of | 9 | | 2005. | 10 | | (b) The Fund shall consist of the following: | 11 | | (1) fees collected pursuant to this Section; | 12 | | (2) federal matching funds received by the State as a | 13 | | result of expenditures made by the Department that are | 14 | | attributable to moneys deposited in the Fund; | 15 | | (3) interest earned on moneys deposited in the Fund; | 16 | | and | 17 | | (4) other moneys received for the Fund from any other | 18 | | source, including interest earned thereon. | 19 | | (c) Disbursements from the Fund shall be made only for: | 20 | | (1) initially, the implementation of the Illinois | 21 | | Adverse Health Care Events Reporting Law of 2005; | 22 | | (2) subsequently, programs, information, or | 23 | | assistance, including measures to address public | 24 | | complaints, designed to measurably improve quality and | 25 | | patient safety; and | 26 | | (3) the reimbursement of moneys collected by the |
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| 1 | | Department through error or mistake. | 2 | | (d) The uses described in paragraph (2) of subsection (c) | 3 | | shall be developed in conjunction with a statewide organization | 4 | | representing a majority of hospitals. | 5 | | Section 8. The Illinois Adverse Health Care Events | 6 | | Reporting Law of 2005 is amended by changing Sections 10-10 and | 7 | | 10-15 as follows: | 8 | | (410 ILCS 522/10-10)
| 9 | | Sec. 10-10. Definitions. As used in this Law, the following | 10 | | terms have the following meanings: | 11 | | "Adverse health care event" means any event identified as a | 12 | | serious reportable event by the National Quality Forum and the | 13 | | Centers for Medicare and Medicaid Services on the effective | 14 | | date of this amendatory Act of the 98th General Assembly. The | 15 | | Department shall adopt, by rule, the list of adverse health | 16 | | care events. The rules in effect on May 1, 2013, that define | 17 | | "adverse health care event" shall remain in effect until new | 18 | | rules are adopted in accordance with this amendatory Act of the | 19 | | 98th General Assembly. If the National Quality Forum or the | 20 | | Centers for Medicare and Medicaid Services thereafter revises | 21 | | its list of serious reportable events through addition, | 22 | | deletion, or modification, then the term "adverse health care | 23 | | event" for purposes of this Law shall be similarly revised, | 24 | | effective no sooner than 6 months after the revision by the |
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| 1 | | originating organization described in subsections (b) through | 2 | | (g) of Section 10-15 . | 3 | | "Department" means the Illinois Department of Public | 4 | | Health. | 5 | | "Health care facility" means a hospital maintained by the | 6 | | State or any department or agency thereof where such department | 7 | | or agency has authority under law to establish and enforce | 8 | | standards for the hospital under its management and control, a | 9 | | hospital maintained by any university or college established | 10 | | under the laws of this State and supported principally by | 11 | | public funds raised by taxation, a hospital licensed under the | 12 | | Hospital Licensing Act, a hospital organized under the | 13 | | University of Illinois Hospital Act, and an ambulatory surgical | 14 | | treatment center licensed under the Ambulatory Surgical | 15 | | Treatment Center Act.
| 16 | | (Source: P.A. 94-242, eff. 7-18-05.) | 17 | | (410 ILCS 522/10-15)
| 18 | | Sec. 10-15. Health care facility requirements to report, | 19 | | analyze, and correct. | 20 | | (a) Reports of adverse health care events required. Each | 21 | | health care facility shall report to the Department the | 22 | | occurrence of any of the adverse health care events described | 23 | | in subsections (b) through (g) no later than 30 days after | 24 | | discovery of the event. The report shall be filed in a format | 25 | | specified by the Department and shall identify the health care |
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| 1 | | facility, but shall not include any information identifying or | 2 | | that tends to identify any of the health care professionals, | 3 | | employees, or patients involved. | 4 | | (b) (Blank). Surgical events. Events reportable under this | 5 | | subsection are: | 6 | | (1) Surgery performed on a wrong body part that is not | 7 | | consistent with the documented informed consent for that | 8 | | patient. Reportable events under this clause do not include | 9 | | situations requiring prompt action that occur in the course | 10 | | of surgery or situations whose urgency precludes obtaining | 11 | | informed consent. | 12 | | (2) Surgery performed on the wrong patient. | 13 | | (3) The wrong surgical procedure performed on a patient | 14 | | that is not consistent with the documented informed consent | 15 | | for that patient. Reportable events under this clause do | 16 | | not include situations requiring prompt action that occur | 17 | | in the course of surgery or situations whose urgency | 18 | | precludes obtaining informed consent. | 19 | | (4) Retention of a foreign object in a patient after | 20 | | surgery or other procedure, excluding objects | 21 | | intentionally implanted as part of a planned intervention | 22 | | and objects present prior to surgery that are intentionally | 23 | | retained. | 24 | | (5) Death during or immediately after surgery of a | 25 | | normal, healthy patient who has no organic, physiologic, | 26 | | biochemical, or psychiatric disturbance and for whom the |
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| 1 | | pathologic processes for which the operation is to be | 2 | | performed are localized and do not entail a systemic | 3 | | disturbance. | 4 | | (c) (Blank). Product or device events. Events reportable | 5 | | under this subsection are: | 6 | | (1) Patient death or serious disability associated | 7 | | with the use of contaminated drugs, devices, or biologics | 8 | | provided by the health care facility when the contamination | 9 | | is the result of generally detectable contaminants in | 10 | | drugs, devices, or biologics regardless of the source of | 11 | | the contamination or the product. | 12 | | (2) Patient death or serious disability associated | 13 | | with the use or function of a device in patient care in | 14 | | which the device is used or functions other than as | 15 | | intended. "Device" includes, but is not limited to, | 16 | | catheters, drains, and other specialized tubes, infusion | 17 | | pumps, and ventilators. | 18 | | (3) Patient death or serious disability associated | 19 | | with intravascular air embolism that occurs while being | 20 | | cared for in a health care facility, excluding deaths | 21 | | associated with neurosurgical procedures known to present | 22 | | a high risk of intravascular air embolism. | 23 | | (d) (Blank). Patient protection events. Events reportable | 24 | | under this subsection are: | 25 | | (1) An infant discharged to the wrong person. | 26 | | (2) Patient death or serious disability associated |
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| 1 | | with patient disappearance for more than 4 hours, excluding | 2 | | events involving adults who have decision-making capacity. | 3 | | (3) Patient suicide or attempted suicide resulting in | 4 | | serious disability while being cared for in a health care | 5 | | facility due to patient actions after admission to the | 6 | | health care facility, excluding deaths resulting from | 7 | | self-inflicted injuries that were the reason for admission | 8 | | to the health care facility. | 9 | | (e) (Blank). Care management events. Events reportable | 10 | | under this subsection are: | 11 | | (1) Patient death or serious disability associated | 12 | | with a medication error, including, but not limited to, | 13 | | errors involving the wrong drug, the wrong dose, the wrong | 14 | | patient, the wrong time, the wrong rate, the wrong | 15 | | preparation, or the wrong route of administration, | 16 | | excluding reasonable differences in clinical judgment on | 17 | | drug selection and dose. | 18 | | (2) Patient death or serious disability associated | 19 | | with a hemolytic reaction due to the administration of | 20 | | ABO-incompatible blood or blood products. | 21 | | (3) Maternal death or serious disability associated | 22 | | with labor or delivery in a low-risk pregnancy while being | 23 | | cared for in a health care facility, excluding deaths from | 24 | | pulmonary or amniotic fluid embolism, acute fatty liver of | 25 | | pregnancy, or cardiomyopathy. | 26 | | (4) Patient death or serious disability directly |
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| 1 | | related to hypoglycemia, the onset of which occurs while | 2 | | the patient is being cared for in a health care facility | 3 | | for a condition unrelated to hypoglycemia. | 4 | | (f) (Blank). Environmental events. Events reportable under | 5 | | this subsection are: | 6 | | (1) Patient death or serious disability associated | 7 | | with an electric shock while being cared for in a health | 8 | | care facility, excluding events involving planned | 9 | | treatments such as electric countershock.
| 10 | | (2) Any incident in which a line designated for oxygen | 11 | | or other gas to be delivered to a patient contains the | 12 | | wrong gas or is contaminated by toxic substances.
| 13 | | (3) Patient death or serious disability associated | 14 | | with a burn incurred from any source while being cared for | 15 | | in a health care facility that is not consistent with the | 16 | | documented informed consent for that patient. Reportable | 17 | | events under this clause do not include situations | 18 | | requiring prompt action that occur in the course of surgery | 19 | | or situations whose urgency precludes obtaining informed | 20 | | consent.
| 21 | | (4) Patient death associated with a fall while being | 22 | | cared for in a health care facility.
| 23 | | (5) Patient death or serious disability associated | 24 | | with the use of restraints or bedrails while being cared | 25 | | for in a health care facility. | 26 | | (g) (Blank). Physical security events. Events reportable |
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| 1 | | under this subsection are: | 2 | | (1) Any instance of care ordered by or provided by | 3 | | someone impersonating a physician, nurse, pharmacist, or | 4 | | other licensed health care provider. | 5 | | (2) Abduction of a patient of any age. | 6 | | (3) Sexual assault on a patient within or on the | 7 | | grounds of a health care facility. | 8 | | (4) Death or significant injury of a patient or staff | 9 | | member resulting from a physical assault that occurs within | 10 | | or on the grounds of a health care facility. | 11 | | (g-5) If the adverse health care events subject to this Law | 12 | | are revised as described in Section 10-10, then the Department | 13 | | shall provide notice to all affected health care facilities | 14 | | promptly upon the revision and shall inform affected health | 15 | | care facilities of the effective date of the revision for | 16 | | purposes of reporting under this Law. | 17 | | (h) Definitions. As pertains to an adverse health care | 18 | | event used in this Section 10-15: | 19 | |
"Death" means patient death related to an adverse event | 20 | | and not related solely to the natural course of the patient's | 21 | | illness or underlying condition. Events otherwise reportable | 22 | | under this Section 10-15 shall be reported even if the death | 23 | | might have otherwise occurred as the natural course of the | 24 | | patient's illness or underlying condition. | 25 | | "Serious disability" means a physical or mental | 26 | | impairment, including loss of a body part, related to an |
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| 1 | | adverse event and not related solely to the natural course of | 2 | | the patient's illness or underlying condition, that | 3 | | substantially limits one or more of the major life activities | 4 | | of an individual or a loss of bodily function, if the | 5 | | impairment or loss lasts more than 7 days prior to discharge or | 6 | | is still present at the time of discharge from an inpatient | 7 | | health care facility.
| 8 | | (Source: P.A. 94-242, eff. 7-18-05.) | 9 | | Section 10. The State Finance Act is amended by adding | 10 | | Section 5.855 as follows: | 11 | | (30 ILCS 105/5.855 new) | 12 | | Sec. 5.855. The Hospital Licensure Fund.
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.".
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