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. (1) comply with all provisions of the federal Emergency Medical Treatment and Labor Act (EMTALA);
2. (2) comply with all provisions required under the Social Security Act;
3. (3) provide annual notice to communities in the hospital's service area about available emergency medical services; and

4. (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:

5. (1) comply with all provisions of the federal Emergency Medical Treatment and Active Labor Act (EMTALA);
6. (2) comply with all provisions required under the Social Security Act;
7. (3) provide annual notice to communities in the hospital's service area about available emergency medical services;
8. (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;
9. (5) not use the term "hospital" in its name or on any signage; and
10. (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.)