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Public Act 103-0784
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| HB0581 Enrolled | LRB103 04166 CPF 49172 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Hospital Emergency Service Act is amended |
by changing Section 1 and by adding Sections 2.1 and 40 as |
follows:
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(210 ILCS 80/1) (from Ch. 111 1/2, par. 86) |
Sec. 1. Requirements to provide emergency medical care. |
(a) Every hospital required to be licensed by the |
Department of Public Health pursuant to the Hospital Licensing |
Act which provides general medical and surgical hospital |
services, except long-term acute care hospitals and |
rehabilitation hospitals identified in Section 1.3 of this |
Act, shall provide a hospital emergency service in accordance |
with rules and regulations adopted by the Department of Public |
Health and shall furnish such hospital emergency services to |
any applicant who applies for the same in case of injury or |
acute medical condition where the same is liable to cause |
death or severe injury or serious illness. For purposes of |
this Act, "applicant" includes any person who presents at the |
hospital or who is brought to a hospital by ambulance or |
specialized emergency medical services vehicle as defined in |
the Emergency Medical Services (EMS) Systems Act. Hospitals |
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shall furnish hospital emergency services, including as |
described in subsections (b-1) and (b-2), in accordance with |
the procedures required by the federal Emergency Medical |
Treatment and Active Labor Act (EMTALA), including, but not |
limited to, medical screening, the provision of necessary |
stabilizing treatment, procedures for refusals to consent, |
restricting transfers until the individual is stabilized, |
appropriate transfers of patients, nondiscrimination, no delay |
in examination or treatment, and whistleblower protections. |
(b-1) For purposes of this Act, "injury or acute medical |
condition where the same is liable to cause death or severe |
injury or serious illness" includes, but is not limited to, |
when a pregnant patient is experiencing ectopic pregnancy, |
complications of pregnancy loss, risks to future fertility, |
previable preterm premature rupture of membranes (PPROM), or |
emergent hypertensive disorders, such as preeclampsia. |
(b-2) For purposes of this Act, "stabilizing treatment" |
includes abortion when abortion is necessary to resolve the |
patient's injury or acute medical condition that is liable to |
cause death or severe injury or serious illness. |
(c) The amendments to this Section are declarative of |
existing law. |
(d) Nothing in this Section shall be construed to alter |
existing legal statuses and rights. |
(Source: P.A. 97-667, eff. 1-13-12; 98-683, eff. 6-30-14.)
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(210 ILCS 80/2.1 new) |
Sec. 2.1. Department investigations. The Department shall |
also have the authority to investigate violations of this Act, |
which may include a medical clinical review by a physician, |
and to issue a minimum monetary penalty of $50,000 for |
violating this Act. The Department shall adopt rules for |
purposes of enforcing this Act and identifying factors to be |
considered when issuing a monetary penalty. The Department may |
assess a fine under this Section only if there are no fines |
assessed for the violation by the federal government.
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(210 ILCS 80/40 new) |
Sec. 40. Severability. The provisions of this Act are |
severable under Section 1.31 of the Statute on Statutes.
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Section 99. Effective date. This Act takes effect upon |
becoming law. |