| ||||
| Public Act 103-0784 | ||||
| ||||
AN ACT concerning regulation. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
Section 5. The Hospital Emergency Service Act is amended | ||||
by changing Section 1 and by adding Sections 2.1 and 40 as | ||||
follows: | ||||
(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 | ||||
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.) | ||
(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. | ||
(210 ILCS 80/40 new) | ||
Sec. 40. Severability. The provisions of this Act are | ||
severable under Section 1.31 of the Statute on Statutes. | ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||