2023 Illinois Compiled Statutes › Chapter 210 - HEALTH FACILITIES AND REGULATION › 210 ILCS 80/ - Hospital Emergency Service Act.

(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) (from Ch. 111 1/2, par. 86)
Sec. 1. 
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 is brought
to a hospital by ambulance or specialized emergency medical services
vehicle as defined in the Emergency Medical Services (EMS) Systems Act.
(Source: P.A. 97-667, eff. 1-13-12; 98-683, eff. 6-30-14.)
(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		(Repealed).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  Repealed by P.A. 89-177, eff. 7-19-95.)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) (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		(Repealed).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 Repealed by P.A. 89-177, eff. 7-19-95.)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)
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) (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) (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.)