I

106TH CONGRESS

2D SESSION H. R. 4973

To amend the Public Health Service Act to establish a grant program regarding the unreimbursed costs of border hospitals in providing emergency

medical services to undocumented aliens.

IN THE HOUSE OF REPRESENTATIVES

JULY 26, 2000

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

on Commerce

A BILL

To amend the Public Health Service Act to establish a grant

program regarding the unreimbursed costs of border hospitals in providing emergency medical services to undocumented aliens.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Border Hospital Relief

5 Act’’.
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1 SEC. 2. ESTABLISHMENT OF GRANT PROGRAM REGARDING

2 EMERGENCY HEALTH SERVICES PROVIDED

3 BY ELIGIBLE BORDER HOSPITALS TO CER4 TAIN UNDOCUMENTED ALIENS.

5 Subpart I of part D of title III of the Public Health

6 Service Act (42 U.S.C. 254b et seq.) is amended by adding

7 at the end the following section:

8 ‘‘SEC. 330E. EMERGENCY HEALTH SERVICES PROVIDED BY

9 ELIGIBLE BORDER HOSPITALS TO CERTAIN

10 UNDOCUMENTED ALIENS.

11 ‘‘(a) IN GENERAL.—The Secretary may make grants

12 to eligible border hospitals to assist the hospitals with the

13 costs of providing emergency medical services to qualifying

14 undocumented aliens.

15 ‘‘(b) ELIGIBLE BORDER HOSPITAL; OTHER

16 TERMS.—For purposes of this section:

17 ‘‘(1) A hospital is a border hospital if the hos18 pital is located in the United States in a county or

19 other political subdivision that is contiguous with the

20 border between the United States and Mexico.

21 ‘‘(2) A border hospital is an eligible border hos22 pital if the number of cases in which the border hos23 pital provides emergency medical care to qualifying

24 undocumented aliens is significantly above the num25 ber of cases in which other border hospitals provide

26 emergency medical care to such aliens.
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1 ‘‘(3) A qualifying undocumented alien is an un2 documented alien—

3 ‘‘(A) who is not eligible for medical assist4 ance under the State plan under title XIX of

5 the Social Security Act (for the State in which

6 the border hospital involved is located); or

7 ‘‘(B) for whom eligibility to receive medical

8 assistance under such State plan is difficult to

9 determine.

10 ‘‘(4) An undocumented alien is an individual

11 who is not in possession of any of the following:

12 ‘‘(A) A driver’s license issued by a State,

13 or other document indicating that the individual

14 is a citizen or national of the United States.

15 ‘‘(B) An unexpired immigrant visa, non16 immigrant visa, reentry permit, border crossing

17 identification card, or other entry document

18 under the Immigration and Nationality Act.

19 ‘‘(c) RELATIONSHIP TO PAYMENTS UNDER OTHER

20 PROGRAMS.—A grant may be made under subsection (a)

21 only if the applicant involved agrees that the grant will

22 not be expended to pay the costs of providing emergency

23 medical services to qualifying undocumented aliens to the

24 extent that payment has been made, or can reasonably be

25 expected to be made, with respect to such costs—
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1 ‘‘(1) under any State compensation program,

2 under an insurance policy, or under any Federal or

3 State health benefits program; or

4 ‘‘(2) by an entity that provides health services

5 on a prepaid basis.

6 ‘‘(d) APPLICATION FOR GRANT.—A grant may be

7 made under subsection (a) only if an application for the

8 grant is submitted to the Secretary and the application

9 is in such form, is made in such manner, and contains

10 such agreements, assurances, and information as the Sec11 retary determines to be necessary to carry out this section.

12 ‘‘(e) AMOUNT OF GRANT.—

13 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

14 the amount of a grant under subsection (a) to an el15 igible border hospital shall be based on the amount

16 of the unreimbursed costs incurred by the hospital

17 in providing emergency medical services to qualifying

18 undocumented aliens.

19 ‘‘(2) PRIORITY.—In determining the amount of

20 a grant under subsection (a), the Secretary shall

21 give priority to eligible border hospitals that have

22 100 or fewer inpatient beds.

23 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—For the

24 purpose of carrying out this section, there are authorized

25 to be appropriated $25,000,000 for fiscal year 2001, and
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1 such sums as may be necessary for each of the fiscal years

2 2002 through 2005.’’.

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