IDPH Issues COVID-19 Emergency Rules

April 20, 2020

On Thursday April 16, the Governor issued an Executive Order (COVID-19 #24) which instructs the Illinois Dept. of Public Health (IDPH) to exercise discretion regarding enforcement of all provisions of the: (i) Hospital Licensing Act; (ii) Emergency Medical Services (EMS) Systems Act; (iii) Department of Public Health Powers and Duties Law; (iv) Illinois Adverse Health Care Events Reporting Law of 2005; and (iv) corresponding regulations in order to assist hospitals and healthcare providers response to the COVID-19 pandemic and to ensure patient safety.

On Friday (April 17), IDPH issued emergency rules implementing the Governor’s Executive Order.  Under the emergency rules, all of the rules for the Hospital Report Card Act and the Adverse Health Care Events Reporting Code are suspended. Additionally, certain provisions of the Hospital Licensing Act are suspended in their entirety or modified.  Finally, the process for establishing an alternate care facility (whether by a hospital or by the State) are set forth, including the standards that such alternate care facilities must meet.  See IHA’s detailed summary of the emergency rules.