Sec. 2. Findings; prohibited terms.

476 words·~2 min read·/il/chapter-210/act-70/2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The Illinois General Assembly makes all of the following findings:

(1)Hospital emergency services are not always the most appropriate level of care for

patients seeking unscheduled medical care or for patients who do not have a regular physician who can treat a significant or acute medical condition not considered critical, debilitating, or life-threatening.

(2)Hospital emergency rooms are over-utilized and too often over-burdened with many

injuries or illnesses that could be managed in a less intensive clinical setting or physician's office.

(3)Over-utilization of hospital emergency departments contributes to excess medical and

health insurance costs.

(4)The use of the term "emergi-" or a similar term in a facility's posted or advertised

name may confuse the public and prospective patients regarding the type of services offered relative to those provided by a hospital emergency department. There is significant risk to the public health and safety if persons requiring treatment for a critical or life-threatening condition inappropriately use such facilities.

(5)Many times patients are not clearly aware of the policies and procedures of their

insurer or health plan that must be followed in the use of emergency rooms versus non-emergent clinics and what rights they have under the law in regard to appropriately sought emergency care.

(6)There is a need to more effectively educate health care payers and consumers about

the most appropriate use of the various available levels of medical care and particularly the use of hospital emergency rooms and walk-in medical clinics that do not require appointments.

(b)No person, facility, or entity shall hold itself out to the public as an "emergi-" or "emergent" care center or use any similar term, as defined by rule, that would give the impression that emergency medical treatment is provided by the person or entity or at the facility unless the facility is the emergency room of a facility licensed as a hospital under the Hospital Licensing Act or a facility licensed as a freestanding emergency center under the Emergency Medical Services

(EMS)Systems Act. This Section does not prohibit a person, facility, or entity from holding itself out to the public as an "urgi-" or "urgent" care center.

(c)Violation of this Section constitutes a business offense with a minimum fine of $5,000 plus $1,000 per day for a continuing violation, with a maximum of $25,000.

(d)The Director of Public Health in the name of the people of the State, through the Attorney General, may bring an action for an injunction or to restrain a violation of this Section or the rules adopted pursuant to this Section or to enjoin the future operation or maintenance of any facility in violation of this Section or the rules adopted pursuant to this Section.

(e)The Department of Public Health shall adopt rules necessary for the implementation of this Section.