I 

108TH CONGRESS 

1ST SESSION H. R. 1515

To provide for reimbursement for unreimbursed costs of emergency medical 

care for aliens paroled into the United States for medical reasons. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 31, 2003

Mr. FLAKE introduced the following bill; which was referred to the Committee 

on Energy and Commerce 

A BILL

To provide for reimbursement for unreimbursed costs of 

emergency medical care for aliens paroled into the 

United States for medical reasons.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. FINDINGS; SENSE OF CONGRESS. 

4 (a) FINDINGS.—Congress finds the following: 

5 (1) The Secretary of Homeland Security has 

6 the authority to allow temporary entry of an alien on 

7 a case-by-case basis even though the alien is other8 wise inadmissible for urgent humanitarian reasons. 

9 (2) While some of these parolees enter the 

10 United States for reasons unrelated to health care or 
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1 medical emergencies, many enter the United States 

2 for medical treatment. 

3 (3) Many of the patients crossing the border for 

4 medical treatment are many times more expensive to 

5 treat than the average patient, and they place a 

6 great financial burden on border hospitals across the 

7 country, many of which are struggling to survive and 

8 face financial insolvency. 

9 (b) SENSE OF CONGRESS.—It is the sense of the 

10 Congress that it is within the responsibility of the Sec11 retary of Homeland Security and the Under Secretary for 

12 Border and Transportation Security to track medical pa13 rolees entering the United States for specified humani14 tarian reasons, and to ensure that these individuals depart 

15 the United States once the purpose of their trip has been 

16 realized. 

17 SEC. 2. PROVIDING REIMBURSEMENT FOR EMERGENCY 

18 MEDICAL CARE FOR ALIENS PAROLED INTO 

19 THE UNITED STATES FOR MEDICAL REASONS. 

20 (a) IN GENERAL.—The Secretary of Homeland Secu21 rity shall provide for a program that reimburses hospitals 

22 and other providers of emergency medical care (including 

23 physicians and entities providing emergency ambulance 

24 services) for their reasonable cost of providing emergency 

25 medical care to aliens who are paroled into the United 
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1 States under section 212(d)(5) of the Immigration and 

2 Nationality Act (8 U.S.C. 1182(d)(5)) for medical rea3 sons. 

4 (b) CONDITIONAL PAYMENT.—Any such payment to 

5 a hospital or other provider for services under subsection 

6 (a) shall be conditioned upon reimbursement to the Sec7 retary by the hospital or provider of any payments made 

8 for such services through insurance or any other Federal 

9 program (including payments made under title XIX of the 

10 Social Security Act for the provision of emergency medical 

11 services described in section 1903(v)(2)(A) of such Act 

12 (42 U.S.C. 1396b(v)(2)(A)) or from recovery from the 

13 alien or any other person, but only to the extent of the 

14 payment under such subsection. 

15 (c) COVERAGE OF EMTALA SERVICES.—Reimburse16 ment under this section for a hospital shall be limited to 

17 those services required as part of a medical examination 

18 and treatment to stabilize an emergency medical condition 

19 (within the meaning of section 1867(e)(1) of the Social 

20 Security Act (42 U.S.C. 1395dd(e)(1)). 

21 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated for each fiscal year (be23 ginning with fiscal year 2004) such sums as may be nec24 essary to carry out this section.

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