I

106TH CONGRESS

1ST SESSION H. R. 2205

To amend section 4723 of the Balanced Budget Act of 1997 to assure

that the additional funds provided for State emergency health services

furnished to undocumented aliens are used to reimburse hospitals and

their related providers that treat undocumented aliens and to increase

the funds so available for fiscal years 2000 and 2001.

IN THE HOUSE OF REPRESENTATIVES

JUNE 15, 1999

Mr. BILBRAY (for himself, Mr. HUNTER, Mrs. BONO, and Mr. REYES) introduced the following bill; which was referred to the Committee on Commerce

A BILL

To amend section 4723 of the Balanced Budget Act of

1997 to assure that the additional funds provided for

State emergency health services furnished to undocumented aliens are used to reimburse hospitals and their

related providers that treat undocumented aliens and

to increase the funds so available for fiscal years 2000

and 2001.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. FUNDING FOR EMERGENCY HEALTH SERVICES

2 FURNISHED TO UNDOCUMENTED ALIENS.

3 (a) REQUIRING USE OF FUNDS TO ASSIST HOS4 PITALS AND RELATED PROVIDERS OF EMERGENCY

5 HEALTH SERVICES TO UNDOCUMENTED ALIENS.—Sec6 tion 4723(c) of the Balanced Budget Act of 1997 (8

7 U.S.C. 1611 note) is amended to read as follows:

8 ‘‘(c) USE OF FUNDS.—

9 ‘‘(1) IN GENERAL.—From the allotments made

10 under subsection (b), the Secretary shall pay to each

11 State amounts described in a State plan, submitted

12 to the Secretary, under which the amounts so allot13 ted will be paid—

14 ‘‘(A) to hospitals and related providers of

15 emergency health services to undocumented

16 aliens that are located in—

17 ‘‘(i) a metropolitan statistical area

18 with a population of 1,000,000 or more; or

19 ‘‘(ii) a county that shares a border

20 with Mexico or Canada; and

21 ‘‘(B) in a manner that takes into

22 account—

23 ‘‘(i) each eligible hospital’s or related

24 provider’s payments under the State plan

25 approved under title XIX of the Social Se26 curity Act for emergency medical services
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1 described in section 1903(v)(2)(A) of such

2 Act (42 U.S.C. 1396b(v)(2)(A)); or

3 ‘‘(ii) an appropriate alternative proxy

4 for measuring the volume of emergency

5 health services provided to undocumented

6 aliens by eligible hospitals and related pro7 viders.

8 ‘‘(2) DEFINITIONS; SPECIAL RULES.—For pur9 poses of this subsection:

10 ‘‘(A) The term ‘hospital’ has the meaning

11 given such term in section 1861(e) of the Social

12 Security Act (42 U.S.C. 1395x(e).

13 ‘‘(B) The term ‘provider’ includes a physi14 cian, another health care professional, and an

15 entity that furnishes emergency ambulance

16 services.

17 ‘‘(C) A provider shall be considered to be

18 ‘related’ to a hospital to the extent that the

19 provider furnishes emergency health services to

20 an individual for whom the hospital also fur21 nishes emergency health services.

22 ‘‘(D) Amounts paid under this subsection

23 shall not duplicate payment made under title

24 XIX of the Social Security Act for the provision
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1 of emergency medical services described in sec2 tion 1903(v)(2)(A) of such Act.’’.

3 (b) INCREASE IN AMOUNT OF FUNDS AVAILABLE

4 FOR FISCAL YEARS 2000 AND 2001.—Section 4723(a) of

5 such Act is amended—

6 (1) by striking ‘‘4 consecutive fiscal years’’ and

7 inserting ‘‘2 consecutive fiscal years’’; and

8 (2) by inserting after ‘‘$25,000,000’’ the fol9 lowing: ‘‘and for each of the fiscal years 2000 and

10 2001 ll,000,000’’.

11 (c) EFFECTIVE DATE.—The amendments made by

12 this section apply beginning with fiscal year 2000.

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