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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5248 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 5248

To require hospitals participating in Medicaid or the Children's Health 
Insurance Program to inquire whether a patient is a citizen or national 
of the United States, or in a satisfactory immigration status, as part 
   of the patient admission and registration process, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 25, 2024

   Mr. Lee (for himself, Mr. Schmitt, and Mr. Braun) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL

 
To require hospitals participating in Medicaid or the Children's Health 
Insurance Program to inquire whether a patient is a citizen or national 
of the United States, or in a satisfactory immigration status, as part 
   of the patient admission and registration process, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Citizenship Verification in 
Emergency Healthcare Act''.

SEC. 2. REQUIRING HOSPITALS TO INQUIRE WHETHER A PATIENT IS A CITIZEN 
              OR NATIONAL OF THE UNITED STATES, OR IN A SATISFACTORY 
              IMMIGRATION STATUS, AS A CONDITION FOR PARTICIPATION IN 
              MEDICAID AND THE CHILDREN'S HEALTH INSURANCE PROGRAM.

    (a) In General.--Section 1902(kk) of the Social Security Act (42 
U.S.C. 1396a(kk)) is amended--
            (1) by redesignating paragraph (9) as paragraph (10); and
            (2) by inserting after paragraph (8), the following new 
        paragraph:
            ``(9) Requirement for hospitals.--
                    ``(A) In general.--The State requires as a 
                condition for a hospital to be enrolled under the State 
                plan or under a waiver of the plan as a participating 
                provider that the hospital agree to--
                            ``(i) as part of the hospital's patient 
                        admission and registration process--
                                    ``(I) include on the hospital's 
                                patient admission and registration 
                                forms, a written provision requiring a 
                                patient or the patient's representative 
                                to state or indicate whether the 
                                patient is a citizen or national of the 
                                United States, and, if that individual 
                                is not a citizen or national of the 
                                United States, whether the individual 
                                is in a satisfactory immigration 
                                status; and
                                    ``(II) provide the patient or the 
                                patient's representative with a written 
                                statement that the response to the 
                                provision required by clause (i) shall 
                                not affect patient care or result in a 
                                report of the patient's immigration 
                                status to immigration authorities; and
                            ``(ii) annually report to the Secretary--
                                    ``(I) the total dollar amount of 
                                uncompensated care furnished by the 
                                hospital to--
                                            ``(aa) all individuals who 
                                        are not citizens or nationals 
                                        of the United States; and
                                            ``(bb) all individuals 
                                        described in item (aa) who are 
                                        not lawfully residing in the 
                                        United States; and
                                    ``(II) the total amount of funds 
                                received by the hospital under the 
                                State plan or under a waiver of such 
                                plan for providing medical assistance 
                                for--
                                            ``(aa) the delivery of a 
                                        child whose parents are not 
                                        citizens or nationals of the 
                                        United States but are lawfully 
                                        residing in the United States; 
                                        and
                                            ``(bb) the emergency 
                                        delivery of a child whose 
                                        parents are not lawfully 
                                        residing in the United States 
                                        pursuant to section 1903(v).
                    ``(B) Report to congress.--The Secretary annually 
                shall submit a report to Congress that includes the 
                most recent information reported to the Secretary by 
                hospitals under subparagraph (A)(ii).''.
    (b) Limitation on Federal Financial Participation.--Paragraph (2) 
of the first sentence of section 1903(i) of the Social Security Act (42 
U.S.C. 1396b(i)) is amended--
            (1) in subparagraph (D), by striking ``or'' after the 
        semicolon; and
            (2) by inserting after subparagraph (E) the following new 
        subparagraph:
                    ``(F) with respect to any amount expended for such 
                an item or service furnished during calendar quarters 
                beginning on or after the date of enactment of this 
                subparagraph, by a hospital that does not comply with 
                the participating provider conditions required by 
                section 1902(kk)(9)(A); or''.
    (c) Rule of Construction.--Nothing in this Act or the amendments 
made by this Act shall be construed as preventing a hospital or 
hospital employee from reporting any patient to law enforcement, 
regardless of citizenship or immigration status, for any suspected 
criminal activity or waiving the hospital's or hospital employee's duty 
to report under Federal or State law.
                                 <all>
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