Public Act 0658 103RD GENERAL ASSEMBLY

HB3886 Enrolled LRB103 31026 JDS 57644 b

Public Act 103-0658

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois is amended by adding Section 2310-257 as follows:

(20 ILCS 2310/2310-257 new)

Sec. 2310-257. Crisis standards of care plan.

(a) The Department shall develop and implement a crisis standards of care plan as an annex to the Department of Public Health's Essential Support Function (ESF-8) Plan for Public Health and Medical Services, to assist health care facilities and provide support in situations in which local medical resources are overwhelmed, including, but not limited to, public health emergencies, as that term is defined in Section 4 of the Illinois Emergency Management Agency Act.

(b) In developing a crisis standards of care plan, the Department shall:

(1) collaborate with the entities listed in Sections 2310-50.5 and 2310-620 of the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois;

(2) ensure the crisis standards of care plan addresses situations in which a conventional response moves to a crisis response and key resources may be affected;

(3) establish a multi-disciplinary planning committee with representation from the following, as applicable:

(A) the Department and local public health agencies;

(B) emergency medical services;

(C) healthcare providers and facilities, including representation of rural, urban, and critical access and municipal healthcare providers and facilities;

(D) medical ethicists;

(E) healthcare coalitions, including, but not limited to, a statewide association representing hospitals; and

(F) other members from across the State with expertise within their disciplines, as necessary, to inform and develop an emergency medical disaster plan;

(4) conduct literature reviews to develop an inclusive, culturally sensitive, and ethical framework for the Emergency Medical Disaster Plan Crisis Standards of Care Annex, which considers, among other factors, ethical healthcare decision making, health equity, and social determinants of health, and the equitable distribution of patients and critical healthcare resources in a manner that, to the maximum extent possible and given resources available at the time, reduces shortages of healthcare resources to preserve lives during a public health emergency; and

(5) disseminate the crisis standards of care plan among healthcare providers and facilities, emergency management officials, public safety communities, and other stakeholders, including, but not limited to, disseminating information about, and gathering feedback on, the emergency medical disaster plan, including gathering general information and data, assessing regional needs, perspectives, specific capabilities and potential challenges, to ensure a structured, ethical, culturally sensitive, and integrated framework and approach to equitable distribution of resources during public health emergencies.

(c) The Department may adopt rules necessary to implement this Section.

Section 99. Effective date. This Act takes effect upon becoming law.

Effective Date: 7/19/2024