Public Act 101-0447
 
HB0005 EnrolledLRB101 04078 CPF 49086 b


  
    AN ACT concerning health.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Department of Human Services Act is amended 
by changing Section 10-15 as follows:
 


    (20 ILCS 1305/10-15)




    Sec. 10-15. Pregnant women with a substance use disorder. 
The Department shall develop
guidelines for use in non-hospital 
residential care facilities for pregnant women who have a 
substance use disorder with respect to the care of those 
clients.

    The Department shall administer infant mortality and 
prenatal
programs, through its provider agencies, to develop 
special programs for
case finding and service coordination for 
pregnant women who have a substance use disorder.

    The Department shall ensure access to substance use 
disorder services statewide for pregnant and postpartum women, 
and ensure that programs are gender-responsive, are 
trauma-informed, serve women and young children, and 
prioritize justice-involved pregnant and postpartum women. 
(Source: P.A. 100-759, eff. 1-1-19.)

 
    Section 10. The Department of Public Health Powers and 
Duties Law of the
Civil Administrative Code of Illinois is 
amended  by adding Section 2310-223 as follows:
 
    (20 ILCS 2310/2310-223 new)
    Sec. 2310-223. Maternal care.
    (a) The Department shall establish a classification system 
for the following levels of maternal care: 
        (1) basic care: care of uncomplicated pregnancies with 
    the ability to detect, stabilize, and initiate management 
    of unanticipated maternal-fetal or neonatal problems that 
    occur during the antepartum, intrapartum, or postpartum 
    period until the patient can be transferred to a facility 
    at which specialty maternal care is available;
        (2) specialty care: basic care plus care of appropriate 
    high-risk antepartum, intrapartum, or postpartum 
    conditions, both directly admitted and transferred to 
    another facility;
        (3) subspecialty care: specialty care plus care of more 
    complex maternal medical conditions, obstetric 
    complications, and fetal conditions; and
        (4) regional perinatal health care: subspecialty care 
    plus on-site medical and surgical care of the most complex 
    maternal conditions, critically ill pregnant women, and 
    fetuses throughout antepartum, intrapartum, and postpartum 
    care. 
    (b) The Department shall: 
        (1) introduce uniform designations for levels of 
    maternal care that are complimentary but distinct from 
    levels of neonatal care;
        (2) establish clear, uniform criteria for designation 
    of maternal centers that are integrated with emergency 
    response systems to help ensure that the appropriate 
    personnel, physical space, equipment, and technology are 
    available to achieve optimal outcomes, as well as to 
    facilitate subsequent data collection regarding 
    risk-appropriate care;
        (3) require each health care facility to have a clear 
    understanding of its capability to handle increasingly 
    complex levels of maternal care, and to have a well-defined 
    threshold for transferring women to health care facilities 
    that offer a higher level of care; to ensure optimal care 
    of all pregnant women, the Department shall require all 
    birth centers, hospitals, and higher-level facilities to 
    collaborate in order to develop and maintain maternal and 
    neonatal transport plans and cooperative agreements 
    capable of managing the health care needs of women who 
    develop complications; the Department shall require that 
    receiving hospitals openly accept transfers;
        (4) require higher-level facilities to provide 
    training for quality improvement initiatives, educational 
    support, and severe morbidity and mortality case review for 
    lower-level hospitals; the Department shall ensure that, 
    in those regions that do not have a facility that qualifies 
    as a regional perinatal health care facility, any specialty 
    care facility in the region will provide the educational 
    and consultation function;
        (5) require facilities and regional systems to develop 
    methods to track severe maternal morbidity and mortality to 
    assess the efficacy of utilizing maternal levels of care;
        (6) analyze data collected from all facilities and 
    regional systems in order to inform future updates to the 
    levels of maternal care;
        (7) require follow-up interdisciplinary work groups to 
    further explore the implementation needs that are 
    necessary to adopt the proposed classification system for 
    levels of maternal care in all facilities that provide 
    maternal care;
        (8) disseminate data and materials to raise public 
    awareness about the importance of prenatal care and 
    maternal health;
        (9) engage the Illinois Chapter of the American Academy 
    of Pediatrics in creating a quality improvement initiative 
    to expand efforts of pediatricians conducting postpartum 
    depression screening at well baby visits during the first 
    year of life; and 
        (10) adopt rules in accordance with the Illinois 
    Administrative Procedure Act to implement this subsection. 
 
    Section 15. The Emergency Medical Services (EMS) Systems 
Act is amended by changing Section 3.20 as follows:
 



    (210 ILCS 50/3.20)



    Sec. 3.20. Emergency Medical Services (EMS) Systems. 
    (a) "Emergency Medical Services (EMS) System" means an

organization of hospitals, vehicle service providers and

personnel approved by the Department in a specific
geographic 
area, which coordinates and provides pre-hospital
and 
inter-hospital emergency care and non-emergency medical

transports at a BLS, ILS and/or ALS level pursuant to a
System 
program plan submitted to and approved by the
Department, and 
pursuant to the EMS Region Plan adopted for
the EMS Region in 
which the System is located.
    (b) One hospital in each System program plan must be

designated as the Resource Hospital.  All other hospitals
which 
are located within the geographic boundaries of a
System and 
which have standby, basic or comprehensive level
emergency 
departments must function in that EMS System as
either an 
Associate Hospital or Participating Hospital and
follow all 
System policies specified in the System Program
Plan, including 
but not limited to the replacement of drugs
and equipment used 
by providers who have delivered patients
to their emergency 
departments.  All hospitals and vehicle
service providers 
participating in an EMS System must
specify their level of 
participation in the System Program
Plan.
    (c) The Department shall have the authority and

responsibility to:
        (1) Approve BLS, ILS and ALS level EMS Systems which

    meet minimum standards and criteria established in rules

    adopted by the Department pursuant to this Act, including

    the submission of a Program Plan for Department approval.

    Beginning September 1, 1997, the Department shall approve

    the development of a new EMS System only when a local or

    regional need for establishing such System has been

    verified by the Department. This shall not be construed as 
    a needs assessment for health
planning or
other purposes 
    outside of this Act.
Following Department approval, EMS 
    Systems must
be fully operational within one year from the 
    date of
approval.
        (2) Monitor EMS Systems, based on minimum standards for

    continuing operation as prescribed in rules adopted by the

    Department pursuant to this Act, which shall include

    requirements for submitting Program Plan amendments to the

    Department for approval.
        (3) Renew EMS System approvals every 4 years, after
an 
    inspection, based on compliance with the standards for

    continuing operation prescribed in rules adopted by the

    Department pursuant to this Act.
        (4) Suspend, revoke, or refuse to renew approval of
any 
    EMS System, after providing an opportunity for a
hearing, 
    when findings show that it does not meet the
minimum 
    standards for continuing operation as prescribed by
the 
    Department, or is found to be in violation of its

    previously approved Program Plan.
        (5) Require each EMS System to adopt written protocols

    for the bypassing of or diversion to any hospital, trauma

    center or regional trauma center, which provide that a 
    person
shall not be transported to a facility other than 
    the nearest
hospital, regional trauma center or trauma 
    center unless the
medical benefits to the patient 
    reasonably expected from the
provision of appropriate 
    medical treatment at a more distant
facility outweigh the 
    increased risks to the patient from
transport to the more 
    distant facility, or the transport is in
accordance with 
    the System's protocols for patient
choice or refusal.
        (6) Require that the EMS Medical Director of an ILS or

    ALS level EMS System be a physician licensed to practice

    medicine in all of its branches in Illinois, and certified 
    by
the American Board of Emergency Medicine or the American 
    Osteopathic Board
of Emergency Medicine, and that the EMS 
    Medical
Director of a BLS level EMS System be a physician 
    licensed to
practice medicine in all of its branches in 
    Illinois, with
regular and frequent involvement in 
    pre-hospital emergency
medical services.  In addition, all 
    EMS Medical Directors shall:
            (A) Have experience on an EMS vehicle at the

        highest level available within the System, or make 
        provision
to gain such experience within 12 months 
        prior to the
date responsibility for the System is 
        assumed or within 90
days after assuming the position;
            (B) Be thoroughly knowledgeable of all skills

        included in the scope of practices of all levels of EMS

        personnel within the System;
            (C) Have or make provision to gain experience

        instructing students at a level similar to that of the 
        levels
of EMS personnel within the System; and
            (D) For ILS and ALS EMS Medical Directors,

        successfully complete a Department-approved EMS 
        Medical
Director's Course.
        (7) Prescribe statewide EMS data elements to be

    collected and documented by providers in all EMS Systems 
    for
all emergency and non-emergency medical services, with 
    a
one-year phase-in for commencing collection of such data

    elements.
        (8) Define, through rules adopted pursuant to this Act,

    the terms "Resource Hospital", "Associate Hospital",

    "Participating Hospital", "Basic Emergency Department",

    "Standby Emergency Department", "Comprehensive Emergency 
    Department", "EMS
Medical Director", "EMS Administrative

    Director", and "EMS System Coordinator".
            (A) (Blank).
            (B) (Blank).
        (9) Investigate the
circumstances that caused a 
    hospital
in an EMS system
to go on
bypass status to 
    determine whether that hospital's decision to go on bypass

    status was reasonable.  The Department may impose 
    sanctions, as
set forth in Section 3.140 of the Act, upon a 
    Department determination that the
hospital unreasonably

    went on bypass status in violation of the Act.
        (10) Evaluate the capacity and performance of any 
    freestanding emergency center established under Section 
    32.5 of this Act in meeting emergency medical service needs 
    of the public, including compliance with applicable 
    emergency medical standards and assurance of the 
    availability of and immediate access to the highest quality 
    of medical care possible.

        (11) Permit limited EMS System participation by 
    facilities operated by the United States Department of 
    Veterans Affairs, Veterans Health Administration. Subject 
    to patient preference, Illinois EMS providers may 
    transport patients to Veterans Health Administration 
    facilities that voluntarily participate in an EMS System. 
    Any Veterans Health Administration facility seeking 
    limited participation in an EMS System shall agree to 
    comply with all Department administrative rules 
    implementing this Section. The Department may promulgate 
    rules, including, but not limited to, the types of Veterans 
    Health Administration facilities that may participate in 
    an EMS System and the limitations of participation. 
        (12) Ensure that EMS systems are transporting pregnant 
    women to the appropriate facilities based on the 
    classification of the levels of maternal care described 
    under subsection (a) of Section 2310-223 of the Department 
    of Public Health Powers and Duties Law of the Civil 
    Administrative Code of Illinois. 
(Source: P.A. 97-333, eff. 8-12-11; 98-973, eff. 8-15-14.)
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.