Signed by Governor JB Pritzker

Vote Smart's Synopsis:

Vote to pass a bill that establishes and codifies the federal Emergency Medical Treatment and Active Labor Act into state law in Illinois.

Highlights:

• Establishes requirements to provide emergency medical care (Sec. 1). 

• Amends “applicant” definition to include any person who presents at the hospital (Sec. 1A).  

• Requires hospitals to furnish hospital emergency services, including procedures required EMTALA including medical screenings, the provision of necessary stabilizing treatment, procedures for refusals to consent, restricting transfers until the individual is stabilized, appropriate transfers of patients, nondiscrimination, no delay in examination or treatment, and whistleblower protections (Sec. 1A). 

• Defines "injury or acute medical condition where the same is liable to cause death or severe injury or serious illness" to include when a pregnant patient is experiencing ectopic pregnancy, complications of pregnancy loss, risks to future fertility, PPROM or emergent hypersensitive disorders (Sec. 1B-1). 

• Defines “stabilizing treatment” to include abortion when it is necessary to resolve the patient's injury or acute medical condition that is liable to cause death or severe injury or illness (Sec. 1B-2).

• Establishes the amendments to this section are declarative of existing law (Sec. 1C). 

• Specifies that nothing in this section shall be construed to alter existing legal status and rights (Sec. 1D). 

• Authorizes the department to investigate violations of this Act which may include a medical clinical review by a physician and to issue a minimum monetary penalty of $50,000 (Sec. 2.1).

• Requires the department to adopt rules for purposes of enforcing this act and identifying factors to be considered when issuing a monetary penalty (Sec. 2.1).

• Authorizes the department shall assess a fine under this section only if there are no fines assessed for the violation of the federal government (Sec. 2.1).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that establishes and codifies the federal Emergency Medical Treatment and Active Labor Act into state law in Illinois.

Highlights:

• Establishes requirements to provide emergency medical care (Sec. 1). 

• Amends “applicant” definition to include any person who presents at the hospital (Sec. 1A).  

• Requires hospitals to furnish hospital emergency services, including procedures required EMTALA including medical screenings, the provision of necessary stabilizing treatment, procedures for refusals to consent, restricting transfers until the individual is stabilized, appropriate transfers of patients, nondiscrimination, no delay in examination or treatment, and whistleblower protections (Sec. 1A). 

• Defines "injury or acute medical condition where the same is liable to cause death or severe injury or serious illness" to include when a pregnant patient is experiencing ectopic pregnancy, complications of pregnancy loss, risks to future fertility, PPROM or emergent hypersensitive disorders (Sec. 1B-1). 

• Defines “stabilizing treatment” to include abortion when it is necessary to resolve the patient's injury or acute medical condition that is liable to cause death or severe injury or illness (Sec. 1B-2).

• Establishes the amendments to this section are declarative of existing law (Sec. 1C). 

• Specifies that nothing in this section shall be construed to alter existing legal status and rights (Sec. 1D). 

• Authorizes the department to investigate violations of this Act which may include a medical clinical review by a physician and to issue a minimum monetary penalty of $50,000 (Sec. 2.1).

• Requires the department to adopt rules for purposes of enforcing this act and identifying factors to be considered when issuing a monetary penalty (Sec. 2.1).

• Authorizes the department shall assess a fine under this section only if there are no fines assessed for the violation of the federal government (Sec. 2.1).

Full Bill Text