ILCS » Chapter 210 · Act 80
Illinois Compiled Statutes

210 ILCS 80/1 (2026)

Requirements to provide emergency medical care

✓ current as of May 2026
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(210 ILCS 80/1) (from Ch. 111 1/2, par. 86)
    Sec. 1. Requirements to provide emergency medical care.
    (a) Every hospital required to be licensed by the Department of Public Health pursuant to the Hospital Licensing Act which provides general medical and surgical hospital services, except long-term acute care hospitals and rehabilitation hospitals identified in Section 1.3 of this Act, shall provide a hospital emergency service in accordance with rules and regulations adopted by the Department of Public Health and shall furnish such hospital emergency services to any applicant who applies for the same in case of injury or acute medical condition where the same is liable to cause death or severe injury or serious illness. For purposes of this Act, "applicant" includes any person who presents at the hospital or who is brought to a hospital by ambulance or specialized emergency medical services vehicle as defined in the Emergency Medical Services (EMS) Systems Act. Hospitals shall furnish hospital emergency services, including as described in subsections (b-1) and (b-2), in accordance with the procedures required by the federal Emergency Medical Treatment and Active Labor Act (EMTALA), including, but not limited to, medical screening, 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.
    (b-1) For purposes of this Act, "injury or acute medical condition where the same is liable to cause death or severe injury or serious illness" includes, but is not limited to, when a pregnant patient is experiencing ectopic pregnancy, complications of pregnancy loss, risks to future fertility, previable preterm premature rupture of membranes (PPROM), or emergent hypertensive disorders, such as preeclampsia.
    (b-2) For purposes of this Act, "stabilizing treatment" includes abortion when abortion is necessary to resolve the patient's injury or acute medical condition that is liable to cause death or severe injury or serious illness.
    (c) The amendments to this Section are declarative of existing law.
    (d) Nothing in this Section shall be construed to alter existing legal statuses and rights.
(Source: P.A. 103-784, eff. 8-7-24.)

    
Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1997–2021 · leading case: Berlin v. Sarah Bush Lincoln Health Ctr., 688 N.E.2d 106 (Ill. 1997).
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Berlin v. Sarah Bush Lincoln Health Ctr., 688 N.E.2d 106 (Ill. 1997). · cites it 4× “[3] Moreover, the Hospital Emergency Service Act (210 ILCS 80/0.01 et seq. (West 1994)) requires "[e]very hospital * * * which provides general medical and surgical hospital services" to also provide emergency services.”
Provena Covenant Med. Ctr. v. Dep't of Revenue, 925 N.E.2d 1131 (Ill. 2010). · cites it 2× “That is so as a matter of both state (210 ILCS 80/1 (West 2002); see also 210 ILCS 70/1 (West 2002)) and federal (42 U.”
Johnson v. Bishof, 2015 IL App (1st) 131122 (Ill. App. Ct. 2015). “¶ 76 At Stroger Hospital, the county offers emergency room services. "Where emergency room services are offered, a certain level of health care is required to be provided to every person who seeks treatment there.”
Johnson v. Bishof, 2015 IL App (1st) 131122 (Ill. App. Ct. 2015). “That is so as a matter of both state (210 ILCS 80/1 (West 2002); see also 210 ILCS 70/1 (West 2002)) and federal (42 U.”
People v. Olivarri, 2021 IL App (3d) 180601-U (Ill. App. Ct. 2021). “See 210 ILCS 80/1, 70/1 (West 2016); 42 U.S.C.”
Berlin v. Sarah Bush Lincoln Health Ctr. (Ill. 1997). · cites it 2× “) 210 ILCS 80/1 (West 1994); see also 210 ILCS 70/1 (West 1994) (requires licensed providers of professional health care, including hospitals, to provide emergency medical treatment in life-threatening situations, regardless of patient's ability to pay).”
Johnson v. Bishof, 2015 IL App (1st) 131122 (Ill. App. Ct. 2015). “"Where emergency room services are offered, a certain level of health care is required to be provided to every person who seeks treatment there.”
Provena Covenant Med. Ctr. v. Dep't of Revenue (Ill. 2010). “That is so as a matter of both state (210 ILCS 80/1 (West 2002); see also 210 ILCS 70/1 (West 2002)) and federal (42 U.”
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