Illinois 2023-2024 Regular Session

Illinois House Bill HB0581 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0784
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3	2		HB0581 Enrolled LRB103 04166 CPF 49172 b
4		-	AN ACT concerning regulation.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Hospital Emergency Service Act is amended
8		-	by changing Section 1 and by adding Sections 2.1 and 40 as
9		-	follows:
10		-	(210 ILCS 80/1) (from Ch. 111 1/2, par. 86)
11		-	Sec. 1. Requirements to provide emergency medical care.
12		-	(a) Every hospital required to be licensed by the
13		-	Department of Public Health pursuant to the Hospital Licensing
14		-	Act which provides general medical and surgical hospital
15		-	services, except long-term acute care hospitals and
16		-	rehabilitation hospitals identified in Section 1.3 of this
17		-	Act, shall provide a hospital emergency service in accordance
18		-	with rules and regulations adopted by the Department of Public
19		-	Health and shall furnish such hospital emergency services to
20		-	any applicant who applies for the same in case of injury or
21		-	acute medical condition where the same is liable to cause
22		-	death or severe injury or serious illness. For purposes of
23		-	this Act, "applicant" includes any person who presents at the
24		-	hospital or who is brought to a hospital by ambulance or
25		-	specialized emergency medical services vehicle as defined in
26		-	the Emergency Medical Services (EMS) Systems Act. Hospitals
	3	+	1 AN ACT concerning regulation.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Hospital Emergency Service Act is amended
	7	+	5 by changing Section 1 and by adding Sections 2.1 and 40 as
	8	+	6 follows:
	9	+	7 (210 ILCS 80/1) (from Ch. 111 1/2, par. 86)
	10	+	8 Sec. 1. Requirements to provide emergency medical care.
	11	+	9 (a) Every hospital required to be licensed by the
	12	+	10 Department of Public Health pursuant to the Hospital Licensing
	13	+	11 Act which provides general medical and surgical hospital
	14	+	12 services, except long-term acute care hospitals and
	15	+	13 rehabilitation hospitals identified in Section 1.3 of this
	16	+	14 Act, shall provide a hospital emergency service in accordance
	17	+	15 with rules and regulations adopted by the Department of Public
	18	+	16 Health and shall furnish such hospital emergency services to
	19	+	17 any applicant who applies for the same in case of injury or
	20	+	18 acute medical condition where the same is liable to cause
	21	+	19 death or severe injury or serious illness. For purposes of
	22	+	20 this Act, "applicant" includes any person who presents at the
	23	+	21 hospital or who is brought to a hospital by ambulance or
	24	+	22 specialized emergency medical services vehicle as defined in
	25	+	23 the Emergency Medical Services (EMS) Systems Act. Hospitals
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33		-	shall furnish hospital emergency services, including as
34		-	described in subsections (b-1) and (b-2), in accordance with
35		-	the procedures required by the federal Emergency Medical
36		-	Treatment and Active Labor Act (EMTALA), including, but not
37		-	limited to, medical screening, the provision of necessary
38		-	stabilizing treatment, procedures for refusals to consent,
39		-	restricting transfers until the individual is stabilized,
40		-	appropriate transfers of patients, nondiscrimination, no delay
41		-	in examination or treatment, and whistleblower protections.
42		-	(b-1) For purposes of this Act, "injury or acute medical
43		-	condition where the same is liable to cause death or severe
44		-	injury or serious illness" includes, but is not limited to,
45		-	when a pregnant patient is experiencing ectopic pregnancy,
46		-	complications of pregnancy loss, risks to future fertility,
47		-	previable preterm premature rupture of membranes (PPROM), or
48		-	emergent hypertensive disorders, such as preeclampsia.
49		-	(b-2) For purposes of this Act, "stabilizing treatment"
50		-	includes abortion when abortion is necessary to resolve the
51		-	patient's injury or acute medical condition that is liable to
52		-	cause death or severe injury or serious illness.
53		-	(c) The amendments to this Section are declarative of
54		-	existing law.
55		-	(d) Nothing in this Section shall be construed to alter
56		-	existing legal statuses and rights.
57		-	(Source: P.A. 97-667, eff. 1-13-12; 98-683, eff. 6-30-14.)
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	34	+	1 shall furnish hospital emergency services, including as
	35	+	2 described in subsections (b-1) and (b-2), in accordance with
	36	+	3 the procedures required by the federal Emergency Medical
	37	+	4 Treatment and Active Labor Act (EMTALA), including, but not
	38	+	5 limited to, medical screening, the provision of necessary
	39	+	6 stabilizing treatment, procedures for refusals to consent,
	40	+	7 restricting transfers until the individual is stabilized,
	41	+	8 appropriate transfers of patients, nondiscrimination, no delay
	42	+	9 in examination or treatment, and whistleblower protections.
	43	+	10 (b-1) For purposes of this Act, "injury or acute medical
	44	+	11 condition where the same is liable to cause death or severe
	45	+	12 injury or serious illness" includes, but is not limited to,
	46	+	13 when a pregnant patient is experiencing ectopic pregnancy,
	47	+	14 complications of pregnancy loss, risks to future fertility,
	48	+	15 previable preterm premature rupture of membranes (PPROM), or
	49	+	16 emergent hypertensive disorders, such as preeclampsia.
	50	+	17 (b-2) For purposes of this Act, "stabilizing treatment"
	51	+	18 includes abortion when abortion is necessary to resolve the
	52	+	19 patient's injury or acute medical condition that is liable to
	53	+	20 cause death or severe injury or serious illness.
	54	+	21 (c) The amendments to this Section are declarative of
	55	+	22 existing law.
	56	+	23 (d) Nothing in this Section shall be construed to alter
	57	+	24 existing legal statuses and rights.
	58	+	25 (Source: P.A. 97-667, eff. 1-13-12; 98-683, eff. 6-30-14.)
58	59
59	60
60		-	(210 ILCS 80/2.1 new)
61		-	Sec. 2.1. Department investigations. The Department shall
62		-	also have the authority to investigate violations of this Act,
63		-	which may include a medical clinical review by a physician,
64		-	and to issue a minimum monetary penalty of $50,000 for
65		-	violating this Act. The Department shall adopt rules for
66		-	purposes of enforcing this Act and identifying factors to be
67		-	considered when issuing a monetary penalty. The Department may
68		-	assess a fine under this Section only if there are no fines
69		-	assessed for the violation by the federal government.
70		-	(210 ILCS 80/40 new)
71		-	Sec. 40. Severability. The provisions of this Act are
72		-	severable under Section 1.31 of the Statute on Statutes.
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	69	+	1 (210 ILCS 80/2.1 new)
	70	+	2 Sec. 2.1. Department investigations. The Department shall
	71	+	3 also have the authority to investigate violations of this Act,
	72	+	4 which may include a medical clinical review by a physician,
	73	+	5 and to issue a minimum monetary penalty of $50,000 for
	74	+	6 violating this Act. The Department shall adopt rules for
	75	+	7 purposes of enforcing this Act and identifying factors to be
	76	+	8 considered when issuing a monetary penalty. The Department may
	77	+	9 assess a fine under this Section only if there are no fines
	78	+	10 assessed for the violation by the federal government.
	79	+	11 (210 ILCS 80/40 new)
	80	+	12 Sec. 40. Severability. The provisions of this Act are
	81	+	13 severable under Section 1.31 of the Statute on Statutes.
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