Rep. Grant Wehrli
Filed: 4/4/2016
 
 

 

 

 
09900HB4388ham001LRB099 15468 MJP 45969 a



1
AMENDMENT TO HOUSE BILL 4388




2    AMENDMENT NO. ______. Amend House Bill 4388 by replacing 
3everything after the enacting clause with the following:


 
 
4    "Section 5. The Emergency Medical Services (EMS) Systems 
5Act 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 
9Emergency Center (FEC)
license to any facility that has 
10received a permit from the Health Facilities and Services 
11Review Board to establish a Freestanding Emergency Center by 
12January 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 
 
 
09900HB4388ham001- 2 -LRB099 15468 MJP 45969 a

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 
 
 
09900HB4388ham001- 3 -LRB099 15468 MJP 45969 a

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;


 
 
09900HB4388ham001- 4 -LRB099 15468 MJP 45969 a

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, 
12the Department may issue an annual FEC license to a facility 
13that is located in a county that does not have a licensed 
14general acute care hospital if the facility's application for a 
15permit from the Illinois Health Facilities Planning Board has 
16been deemed complete by the Department of Public Health by 
17January 1, 2014 and if the facility complies with the 
18requirements set forth in paragraphs (1) through (17) of 
19subsection (a). 
20    (a-10) Notwithstanding any other provision of this 
21Section, the Department may issue an annual FEC license to a 
22facility if the facility has, by January 1, 2014, filed a 
23letter of intent to establish an FEC and if the facility 
24complies with the requirements set forth in paragraphs (1) 
25through (17) of subsection (a). 
26    (a-15)   Notwithstanding any other provision of this 
 
 
09900HB4388ham001- 5 -LRB099 15468 MJP 45969 a

1Section, the Department shall issue an
annual FEC license to a 
2facility if the facility: (i) discontinues operation as a 
3hospital within 180 days after the effective date of this 
4amendatory Act of the 99th General Assembly with a Health 
5Facilities and Services Review Board project number  of 
6E-017-15; (ii) has an application for a permit to establish an 
7FEC from the Health Facilities and Services Review Board that 
8is deemed complete by January 1, 2017; and (iii) complies with 
9the requirements set forth in paragraphs (1) through (17) of 
10subsection (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 
 
 
09900HB4388ham001- 6 -LRB099 15468 MJP 45969 a

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 
6becoming law.".