210 ILCS 80/ Hospital Emergency Service Act.

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HEALTH FACILITIES AND REGULATION
(210 ILCS 80/) Hospital Emergency Service Act.

210 ILCS 80/0.01

(210 ILCS 80/0.01) (from Ch. 111 1/2, par. 85z)

Sec. 0.01.

Short title.

This Act may be cited as the

Hospital Emergency Service Act.

(Source: P.A. 86-1324.)

210 ILCS 80/1

    (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. 103-784, eff. 8-7-24.)

210 ILCS 80/1.1

(210 ILCS 80/1.1) (from Ch. 111 1/2, par. 86.1)

Sec. 1.1.

(Repealed).

(Source: P.A. 76-1858. Repealed by P.A. 89-177, eff. 7-19-95.)

210 ILCS 80/1.2

(210 ILCS 80/1.2) (from Ch. 111 1/2, par. 86.2)

Sec. 1.2.

(Repealed).

(Source: P.A. 76-1858. Repealed by P.A. 89-177, eff. 7-19-95.)

210 ILCS 80/1.3

(210 ILCS 80/1.3)
Sec. 1.3. Long-term acute care hospitals and rehabilitation hospitals.

For the purpose of this Act, general acute care hospitals designated by Medicare as long-term acute care hospitals and rehabilitation hospitals are not required to provide hospital emergency services described in Section 1 of this Act. Hospitals defined in this Section may provide hospital emergency services at their option.

Any long-term acute care hospital that opts to discontinue or otherwise not provide emergency services described in Section 1 shall:

(1) comply with all provisions of the federal

Emergency Medical Treatment and Labor Act (EMTALA);

(2) comply with all provisions required under the

Social Security Act;

(3) provide annual notice to communities in the

hospital's service area about available emergency medical services; and

(4) make educational materials available to

individuals who are present at the hospital concerning the availability of medical services within the hospital's service area.

Long-term acute care hospitals that operate standby emergency services as of January 1, 2011 may discontinue hospital emergency services by notifying the Department of Public Health. Long-term acute care hospitals that operate basic or comprehensive emergency services must notify the Health Facilities and Services Review  Board and follow the appropriate procedures.

Any rehabilitation hospital that opts to discontinue or otherwise not provide emergency services described in Section 1 shall:

(1) comply with all provisions of the federal

Emergency Medical Treatment and Active Labor Act (EMTALA);

(2) comply with all provisions required under the

Social Security Act;

(3) provide annual notice to communities in the

hospital's service area about available emergency medical services;

(4) make educational materials available to

individuals who are present at the hospital concerning the availability of medical services within the hospital's service area;

(5) not use the term "hospital" in its name or on any

signage; and

(6) notify in writing the Department and the Health

Facilities and Services Review Board of the discontinuation.

(Source: P.A. 97-667, eff. 1-13-12; 98-683, eff. 6-30-14; 98-756, eff. 7-16-14.)

210 ILCS 80/1.6

(210 ILCS 80/1.6) (from Ch. 111 1/2, par. 86.6)

Sec. 1.6.

The provisions of the Illinois Administrative Procedure Act are
hereby expressly adopted and shall apply to all administrative rules and
procedures of the Department of Public Health under this Act, except that
Section 5-35 of the Illinois Administrative Procedure Act relating to
procedures for rule-making does not apply to the adoption of any rule required
by federal law in connection with which the Department is precluded by law from
exercising any discretion.

(Source: P.A. 88-45.)

210 ILCS 80/2

(210 ILCS 80/2) (from Ch. 111 1/2, par. 87)

Sec. 2.

Any hospital or other person violating any of the provisions of
this Act or refusing to perform any duties imposed by this Act shall be
guilty of a business offense and subject to a fine not exceeding $10,000
for each violation, and any fine imposed shall be paid into the general
corporate funds of the city, incorporated town, or village in which the
hospital is located, or of the county, in case such hospital is outside the
limits of any incorporated municipality.

(Source: P.A. 81-1518.)

210 ILCS 80/2.1

(210 ILCS 80/2.1)
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.

(Source: P.A. 103-784, eff. 8-7-24.)

210 ILCS 80/40

(210 ILCS 80/40)
Sec. 40. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

(Source: P.A. 103-784, eff. 8-7-24.)