Public Health Emergency Fund, as provided under 
subsection (f)(1). 
‘‘(5) ATTESTATION
REQUIREMENT.—No pay-
ment shall be made under this section to a provider 
for emergency healthcare services unless the provider 
has executed an attestation that— 
‘‘(A) the provider has notified the adminis-
trative contractor of any third-party payment 
received or claims pending for such services; 
‘‘(B) the recipient of the services has exe-
cuted an attestation or otherwise satisfies the 
eligibility criteria established under subsection 
(b); and 
‘‘(C) the services were medically necessary. 
‘‘(f) PUBLIC HEALTH EMERGENCY FUND; FRAUD 
AND ABUSE PROVISIONS.— 
‘‘(1) 
THE
PUBLIC
HEALTH
EMERGENCY 
FUND.—There is authorized to be appropriated to 
the Public Health Emergency Fund (established 
under section 319(b)) such sums as may be nec-
essary under this section for payments to provide 
emergency healthcare services and costs to admin-
ister the services during a public health emergency. 
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‘‘(2) NO USE OF MEDICARE FUNDS.—No funds 
under the Medicare program shall be available or 
used to make payments under this section. 
‘‘(3) FRAUD
AND
ABUSE
PROVISIONS.—Pro-
viders and recipients of emergency healthcare serv-
ices under this section shall be subject to the Fed-
eral fraud and abuse protections that apply to Fed-
eral healthcare programs as defined in section 
1128B(f) of the Social Security Act. 
‘‘(g) RULEMAKING.—The Secretary may issue regu-
lations to carry out this section and shall use a negotiated 
rulemaking process to advise the Secretary on key issues 
regarding the implementation of this section. 
‘‘(h) PUBLIC HEALTH EMERGENCY PLANNING AND 
THE EDUCATION OF HEALTHCARE PROVIDERS AND THE 
GENERAL POPULATION.— 
‘‘(1) PLANNING FOR COVERAGE OF EMERGENCY 
HEALTHCARE SERVICES IN PUBLIC HEALTH EMER-
GENCIES.—The Secretary shall, within 90 days after 
the date of the enactment of this section, initiate 
planning to carry out this section, including plan-
ning relating to implementation of the subsection (e) 
in the event of activation of emergency healthcare 
coverage. 
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‘‘(2) OUTREACH AND PUBLIC EDUCATION CAM-
PAIGN.—The Secretary shall conduct an outreach 
and public education campaign to inform healthcare 
providers and the general public about the avail-
ability of emergency healthcare coverage under this 
section during the period of the emergency. Such 
campaign shall include— 
‘‘(A) an explanation of the emergency 
healthcare coverage program under this section; 
‘‘(B) claim forms and instructions for 
healthcare providers to use when providing cov-
ered services during the emergency period; and 
‘‘(C) special outreach initiatives to vulner-
able and hard-to-reach populations. 
‘‘(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated for each fis-
cal 
year 
(beginning 
with 
fiscal 
year 
2009) 
$7,000,000 to carry out paragraphs (1) and (2) dur-
ing the fiscal year. 
‘‘(i) APPLICATION OF POLICIES UNDER OTHER FED-
ERAL HEALTHCARE PROGRAMS.—As specified in sub-
sections (c) through (e), the Secretary may adopt in whole 
or in part the coverage, reimbursement, provider enroll-
ment, and other policies used under the Medicare program 
and other Federal healthcare programs in administering 
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emergency healthcare services under this section to the ex-
tent consistent with this section.’’. 
(b) APPLICATION OF PUBLIC HEALTH EMERGENCY 
FUND.—Section 319(b)(1) of such Act (42 U.S.C. 
247d(b)(1)) is amended— 
(1) by inserting ‘‘and section 319K–1’’ after 
‘‘subsection (a)’’; and 
(2) by striking ‘‘such subsection’’ and inserting 
‘‘subsection (a)’’. 
Æ 
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