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Freestanding Emergency Departments Licensure

Concerning the licensing of freestanding emergency departments, and, in connection therewith, making an appropriation.
2019 Regular Session
Health Care & Health Insurance
Bill Summary

Freestanding emergency departments - mandatory licensure - exceptions - appropriation. Effective July 1, 2022, the act creates a new license, referred to as a "freestanding emergency department license". The department of public health and environment (department) may issue the license to a health facility that offers emergency care, that may offer primary and urgent care services, and that is either:

  • Owned or operated by, or affiliated with, a hospital or hospital system and located more than 250 yards from the main campus of the hospital; or
  • Independent from and not operated by or affiliated with a hospital or hospital system and not attached to or situated within 250 yards of, or contained within, a hospital.

A facility licensed as a community clinic before July 1, 2010, and that serves a rural community or ski area is excluded from the definition of "freestanding emergency department".

The act allows the department to waive the licensure requirements for a facility that is licensed as a community clinic or that is seeking community clinic licensure and serves an underserved population in the state.

The state board of health must adopt rules regarding the new license, including rules to set licensure requirements and fees and safety and care standards.

$43,248 is appropriated to the department from the health facilities general licensure cash fund to implement the act.

(Note: This summary applies to this bill as enacted.)


Became Law


Bill Text

The effective date for bills enacted without a safety clause is August 7, 2024, if the General Assembly adjourns sine die on May 8, 2024, unless otherwise specified. Details