Full Text of HB4388 99th General Assembly
HB4388ham001 99TH GENERAL ASSEMBLY | Rep. Grant Wehrli Filed: 4/4/2016
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| 1 | | AMENDMENT TO HOUSE BILL 4388
| 2 | | AMENDMENT NO. ______. Amend House Bill 4388 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Emergency Medical Services (EMS) Systems | 5 | | Act is 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 | 9 | | Emergency Center (FEC)
license to any facility that has | 10 | | received a permit from the Health Facilities and Services | 11 | | Review Board to establish a Freestanding Emergency Center by | 12 | | January 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 |
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| 1 | | part of the EMS System;
| 2 | | (2) is wholly owned or controlled by an Associate or | 3 | | Resource Hospital,
but is not a part of the hospital's | 4 | | physical plant;
| 5 | | (3) meets the standards for licensed FECs, adopted by | 6 | | rule of the
Department, including, but not limited to:
| 7 | | (A) facility design, specification, operation, and | 8 | | maintenance
standards;
| 9 | | (B) equipment standards; and
| 10 | | (C) the number and qualifications of emergency | 11 | | medical personnel and
other staff, which must include | 12 | | at least one board certified emergency
physician | 13 | | present at the FEC 24 hours per day.
| 14 | | (4) limits its participation in the EMS System strictly | 15 | | to receiving a
limited number of patients by ambulance: (A) | 16 | | BLS runs by emergency medical vehicles according to the | 17 | | FEC's 24-hour capabilities; (B) according to protocols
| 18 | | developed by the Resource Hospital within the FEC's
| 19 | | designated EMS System ; and (C) as pre-approved by both the | 20 | | EMS Medical Director and the Department and approved by the | 21 | | Project Medical Director and the
Department ;
| 22 | | (5) provides comprehensive emergency treatment | 23 | | services, as defined in the
rules adopted by the Department | 24 | | pursuant to the Hospital Licensing Act, 24
hours per day, | 25 | | on an outpatient basis;
| 26 | | (6) provides an ambulance and
maintains on site |
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| 1 | | ambulance services staffed with paramedics 24 hours per | 2 | | day;
| 3 | | (7) (blank);
| 4 | | (8) complies with all State and federal patient rights | 5 | | provisions,
including, but not limited to, the Emergency | 6 | | Medical Treatment Act and the
federal Emergency
Medical | 7 | | Treatment and Active Labor Act;
| 8 | | (9) maintains a communications system that is fully | 9 | | integrated with
its Resource Hospital within the FEC's | 10 | | designated EMS System;
| 11 | | (10) reports to the Department any patient transfers | 12 | | from the FEC to a
hospital within 48 hours of the transfer | 13 | | plus any other
data
determined to be relevant by the | 14 | | Department;
| 15 | | (11) submits to the Department, on a quarterly basis, | 16 | | the FEC's morbidity
and mortality rates for patients | 17 | | treated at the FEC and other data determined
to be relevant | 18 | | by the Department;
| 19 | | (12) does not describe itself or hold itself out to the | 20 | | general public as
a full service hospital or hospital | 21 | | emergency department in its advertising or
marketing
| 22 | | activities;
| 23 | | (13) complies with any other rules adopted by the
| 24 | | Department
under this Act that relate to FECs;
| 25 | | (14) passes the Department's site inspection for | 26 | | compliance with the FEC
requirements of this Act;
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| 1 | | (15) submits a copy of the permit issued by
the Health | 2 | | Facilities and Services Review Board indicating that the | 3 | | facility has complied with the Illinois Health Facilities | 4 | | Planning Act with respect to the health services to be | 5 | | provided at the facility;
| 6 | | (16) submits an application for designation as an FEC | 7 | | in a manner and form
prescribed by the Department by rule; | 8 | | and
| 9 | | (17) pays the annual license fee as determined by the | 10 | | Department by
rule.
| 11 | | (a-5) Notwithstanding any other provision of this Section, | 12 | | the Department may issue an annual FEC license to a facility | 13 | | that is located in a county that does not have a licensed | 14 | | general acute care hospital if the facility's application for a | 15 | | permit from the Illinois Health Facilities Planning Board has | 16 | | been deemed complete by the Department of Public Health by | 17 | | January 1, 2014 and if the facility complies with the | 18 | | requirements set forth in paragraphs (1) through (17) of | 19 | | subsection (a). | 20 | | (a-10) Notwithstanding any other provision of this | 21 | | Section, the Department may issue an annual FEC license to a | 22 | | facility if the facility has, by January 1, 2014, filed a | 23 | | letter of intent to establish an FEC and if the facility | 24 | | complies with the requirements set forth in paragraphs (1) | 25 | | through (17) of subsection (a). | 26 | | (a-15) Notwithstanding any other provision of this |
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| 1 | | Section, the Department shall issue an
annual FEC license to a | 2 | | facility if the facility: (i) discontinues operation as a | 3 | | hospital within 180 days after the effective date of this | 4 | | amendatory Act of the 99th General Assembly with a Health | 5 | | Facilities and Services Review Board project number of | 6 | | E-017-15; (ii) has an application for a permit to establish an | 7 | | FEC from the Health Facilities and Services Review Board that | 8 | | is deemed complete by January 1, 2017; and (iii) complies with | 9 | | the requirements set forth in paragraphs (1) through (17) of | 10 | | subsection (a) of this Section. | 11 | | (b) The Department shall:
| 12 | | (1) annually inspect facilities of initial FEC | 13 | | applicants and licensed
FECs, and issue
annual licenses to | 14 | | or annually relicense FECs that
satisfy the Department's | 15 | | licensure requirements as set forth in subsection (a);
| 16 | | (2) suspend, revoke, refuse to issue, or refuse to | 17 | | renew the license of
any
FEC, after notice and an | 18 | | opportunity for a hearing, when the Department finds
that | 19 | | the FEC has failed to comply with the standards and | 20 | | requirements of the
Act or rules adopted by the Department | 21 | | under the
Act;
| 22 | | (3) issue an Emergency Suspension Order for any FEC | 23 | | when the
Director or his or her designee has determined | 24 | | that the continued operation of
the FEC poses an immediate | 25 | | and serious danger to
the public health, safety, and | 26 | | welfare.
An opportunity for a
hearing shall be promptly |
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| 1 | | initiated after an Emergency Suspension Order has
been | 2 | | issued; and
| 3 | | (4) adopt rules as needed to implement this Section.
| 4 | | (Source: P.A. 99-490, eff. 12-4-15.)
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.".
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