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| Public Act 101-0447
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| HB0005 Enrolled | LRB101 04078 CPF 49086 b |
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AN ACT concerning health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Department of Human Services Act is amended |
by changing Section 10-15 as follows:
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(20 ILCS 1305/10-15)
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Sec. 10-15. Pregnant women with a substance use disorder. |
The Department shall develop
guidelines for use in non-hospital |
residential care facilities for pregnant women who have a |
substance use disorder with respect to the care of those |
clients.
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The Department shall administer infant mortality and |
prenatal
programs, through its provider agencies, to develop |
special programs for
case finding and service coordination for |
pregnant women who have a substance use disorder.
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The Department shall ensure access to substance use |
disorder services statewide for pregnant and postpartum women, |
and ensure that programs are gender-responsive, are |
trauma-informed, serve women and young children, and |
prioritize justice-involved pregnant and postpartum women. |
(Source: P.A. 100-759, eff. 1-1-19.)
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Section 10. The Department of Public Health Powers and |
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Duties Law of the
Civil Administrative Code of Illinois is |
amended by adding Section 2310-223 as follows:
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(20 ILCS 2310/2310-223 new) |
Sec. 2310-223. Maternal care. |
(a) The Department shall establish a classification system |
for the following levels of maternal care: |
(1) basic care: care of uncomplicated pregnancies with |
the ability to detect, stabilize, and initiate management |
of unanticipated maternal-fetal or neonatal problems that |
occur during the antepartum, intrapartum, or postpartum |
period until the patient can be transferred to a facility |
at which specialty maternal care is available; |
(2) specialty care: basic care plus care of appropriate |
high-risk antepartum, intrapartum, or postpartum |
conditions, both directly admitted and transferred to |
another facility; |
(3) subspecialty care: specialty care plus care of more |
complex maternal medical conditions, obstetric |
complications, and fetal conditions; and |
(4) regional perinatal health care: subspecialty care |
plus on-site medical and surgical care of the most complex |
maternal conditions, critically ill pregnant women, and |
fetuses throughout antepartum, intrapartum, and postpartum |
care. |
(b) The Department shall: |
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(1) introduce uniform designations for levels of |
maternal care that are complimentary but distinct from |
levels of neonatal care; |
(2) establish clear, uniform criteria for designation |
of maternal centers that are integrated with emergency |
response systems to help ensure that the appropriate |
personnel, physical space, equipment, and technology are |
available to achieve optimal outcomes, as well as to |
facilitate subsequent data collection regarding |
risk-appropriate care; |
(3) require each health care facility to have a clear |
understanding of its capability to handle increasingly |
complex levels of maternal care, and to have a well-defined |
threshold for transferring women to health care facilities |
that offer a higher level of care; to ensure optimal care |
of all pregnant women, the Department shall require all |
birth centers, hospitals, and higher-level facilities to |
collaborate in order to develop and maintain maternal and |
neonatal transport plans and cooperative agreements |
capable of managing the health care needs of women who |
develop complications; the Department shall require that |
receiving hospitals openly accept transfers; |
(4) require higher-level facilities to provide |
training for quality improvement initiatives, educational |
support, and severe morbidity and mortality case review for |
lower-level hospitals; the Department shall ensure that, |
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in those regions that do not have a facility that qualifies |
as a regional perinatal health care facility, any specialty |
care facility in the region will provide the educational |
and consultation function; |
(5) require facilities and regional systems to develop |
methods to track severe maternal morbidity and mortality to |
assess the efficacy of utilizing maternal levels of care; |
(6) analyze data collected from all facilities and |
regional systems in order to inform future updates to the |
levels of maternal care; |
(7) require follow-up interdisciplinary work groups to |
further explore the implementation needs that are |
necessary to adopt the proposed classification system for |
levels of maternal care in all facilities that provide |
maternal care; |
(8) disseminate data and materials to raise public |
awareness about the importance of prenatal care and |
maternal health; |
(9) engage the Illinois Chapter of the American Academy |
of Pediatrics in creating a quality improvement initiative |
to expand efforts of pediatricians conducting postpartum |
depression screening at well baby visits during the first |
year of life; and |
(10) adopt rules in accordance with the Illinois |
Administrative Procedure Act to implement this subsection.
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Section 15. The Emergency Medical Services (EMS) Systems |
Act is amended by changing Section 3.20 as follows:
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(210 ILCS 50/3.20)
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Sec. 3.20. Emergency Medical Services (EMS) Systems. |
(a) "Emergency Medical Services (EMS) System" means an
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organization of hospitals, vehicle service providers and
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personnel approved by the Department in a specific
geographic |
area, which coordinates and provides pre-hospital
and |
inter-hospital emergency care and non-emergency medical
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transports at a BLS, ILS and/or ALS level pursuant to a
System |
program plan submitted to and approved by the
Department, and |
pursuant to the EMS Region Plan adopted for
the EMS Region in |
which the System is located. |
(b) One hospital in each System program plan must be
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designated as the Resource Hospital. All other hospitals
which |
are located within the geographic boundaries of a
System and |
which have standby, basic or comprehensive level
emergency |
departments must function in that EMS System as
either an |
Associate Hospital or Participating Hospital and
follow all |
System policies specified in the System Program
Plan, including |
but not limited to the replacement of drugs
and equipment used |
by providers who have delivered patients
to their emergency |
departments. All hospitals and vehicle
service providers |
participating in an EMS System must
specify their level of |
participation in the System Program
Plan. |
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(c) The Department shall have the authority and
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responsibility to: |
(1) Approve BLS, ILS and ALS level EMS Systems which
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meet minimum standards and criteria established in rules
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adopted by the Department pursuant to this Act, including
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the submission of a Program Plan for Department approval.
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Beginning September 1, 1997, the Department shall approve
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the development of a new EMS System only when a local or
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regional need for establishing such System has been
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verified by the Department. This shall not be construed as |
a needs assessment for health
planning or
other purposes |
outside of this Act.
Following Department approval, EMS |
Systems must
be fully operational within one year from the |
date of
approval. |
(2) Monitor EMS Systems, based on minimum standards for
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continuing operation as prescribed in rules adopted by the
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Department pursuant to this Act, which shall include
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requirements for submitting Program Plan amendments to the
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Department for approval. |
(3) Renew EMS System approvals every 4 years, after
an |
inspection, based on compliance with the standards for
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continuing operation prescribed in rules adopted by the
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Department pursuant to this Act. |
(4) Suspend, revoke, or refuse to renew approval of
any |
EMS System, after providing an opportunity for a
hearing, |
when findings show that it does not meet the
minimum |
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standards for continuing operation as prescribed by
the |
Department, or is found to be in violation of its
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previously approved Program Plan. |
(5) Require each EMS System to adopt written protocols
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for the bypassing of or diversion to any hospital, trauma
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center or regional trauma center, which provide that a |
person
shall not be transported to a facility other than |
the nearest
hospital, regional trauma center or trauma |
center unless the
medical benefits to the patient |
reasonably expected from the
provision of appropriate |
medical treatment at a more distant
facility outweigh the |
increased risks to the patient from
transport to the more |
distant facility, or the transport is in
accordance with |
the System's protocols for patient
choice or refusal. |
(6) Require that the EMS Medical Director of an ILS or
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ALS level EMS System be a physician licensed to practice
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medicine in all of its branches in Illinois, and certified |
by
the American Board of Emergency Medicine or the American |
Osteopathic Board
of Emergency Medicine, and that the EMS |
Medical
Director of a BLS level EMS System be a physician |
licensed to
practice medicine in all of its branches in |
Illinois, with
regular and frequent involvement in |
pre-hospital emergency
medical services. In addition, all |
EMS Medical Directors shall: |
(A) Have experience on an EMS vehicle at the
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highest level available within the System, or make |
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provision
to gain such experience within 12 months |
prior to the
date responsibility for the System is |
assumed or within 90
days after assuming the position; |
(B) Be thoroughly knowledgeable of all skills
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included in the scope of practices of all levels of EMS
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personnel within the System; |
(C) Have or make provision to gain experience
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instructing students at a level similar to that of the |
levels
of EMS personnel within the System; and |
(D) For ILS and ALS EMS Medical Directors,
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successfully complete a Department-approved EMS |
Medical
Director's Course. |
(7) Prescribe statewide EMS data elements to be
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collected and documented by providers in all EMS Systems |
for
all emergency and non-emergency medical services, with |
a
one-year phase-in for commencing collection of such data
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elements. |
(8) Define, through rules adopted pursuant to this Act,
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the terms "Resource Hospital", "Associate Hospital",
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"Participating Hospital", "Basic Emergency Department",
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"Standby Emergency Department", "Comprehensive Emergency |
Department", "EMS
Medical Director", "EMS Administrative
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Director", and "EMS System Coordinator". |
(A) (Blank). |
(B) (Blank). |
(9) Investigate the
circumstances that caused a |
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hospital
in an EMS system
to go on
bypass status to |
determine whether that hospital's decision to go on bypass
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status was reasonable. The Department may impose |
sanctions, as
set forth in Section 3.140 of the Act, upon a |
Department determination that the
hospital unreasonably
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went on bypass status in violation of the Act. |
(10) Evaluate the capacity and performance of any |
freestanding emergency center established under Section |
32.5 of this Act in meeting emergency medical service needs |
of the public, including compliance with applicable |
emergency medical standards and assurance of the |
availability of and immediate access to the highest quality |
of medical care possible.
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(11) Permit limited EMS System participation by |
facilities operated by the United States Department of |
Veterans Affairs, Veterans Health Administration. Subject |
to patient preference, Illinois EMS providers may |
transport patients to Veterans Health Administration |
facilities that voluntarily participate in an EMS System. |
Any Veterans Health Administration facility seeking |
limited participation in an EMS System shall agree to |
comply with all Department administrative rules |
implementing this Section. The Department may promulgate |
rules, including, but not limited to, the types of Veterans |
Health Administration facilities that may participate in |
an EMS System and the limitations of participation. |
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(12) Ensure that EMS systems are transporting pregnant |
women to the appropriate facilities based on the |
classification of the levels of maternal care described |
under subsection (a) of Section 2310-223 of the Department |
of Public Health Powers and Duties Law of the Civil |
Administrative Code of Illinois. |
(Source: P.A. 97-333, eff. 8-12-11; 98-973, eff. 8-15-14.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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