HOSPITAL EMERGENCY SERVICE ACT

Session: 103rd General Assembly
Year: 2023
Bill #: HB0581
Category: Public Health, Hospital Facilities and Nursing Homes
Position: No position
Mandate?
Revenue Loss?
Authority Preemption?

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Summary as Introduced

Amends the Community Benefits Act. Makes a technical change in a Section concerning the short title.

Staff Analysis

Amends the Hospital Emergency Service Act. Provides that "applicant" includes any person who presents at the hospital. Provides that hospitals shall furnish hospital emergency services in accordance with the procedures required by the federal Emergency Medical Treatment and Active Labor Act. Defines "injury or acute medical condition where the same is liable to cause death or severe injury or serious illness" and "stabilizing treatment". Provides that the Department of Public Health shall have the authority to investigate violations of the Act and to issue a minimum monetary penalty of $50,000 for violating the Act. Allows the Department to adopt rules for purposes of enforcing the Act and identifying factors to be considered when issuing a monetary penalty. Provides that the Department may assess a fine under this Section only if there are no fines assessed for the violation by the federal government. Includes a severability clause. Effective immediately.



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