I 
109TH CONGRESS 
2D SESSION 
H. R. 5400 
To amend title XIX of the Social Security Act to permit States to obtain 
reimbursement under the Medicaid Program for care or services required 
under the Emergency Medical Treatment and Active Labor Act that 
are provided in a nonpublicly owned or operated institution for mental 
diseases. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 17, 2006 
Mr. MCCRERY (for himself, Mr. ALLEN, Mr. MURPHY, Mr. PORTER, and Mr. 
BOOZMAN) introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce 
A BILL 
To amend title XIX of the Social Security Act to permit 
States to obtain reimbursement under the Medicaid Pro-
gram for care or services required under the Emergency 
Medical Treatment and Active Labor Act that are pro-
vided in a nonpublicly owned or operated institution for 
mental diseases. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Medicaid Emergency 
Psychiatric Care Act of 2006’’. 
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SEC. 2. MEDICAID REIMBURSEMENT FOR CARE OR SERV-
ICES REQUIRED UNDER EMTALA THAT ARE 
PROVIDED IN A NONPUBLICLY OWNED OR 
OPERATED INSTITUTION FOR MENTAL DIS-
EASES. 
(a) IN GENERAL.—Section 1905 of the Social Secu-
rity Act (42 U.S.C. 1396d) is amended— 
(1) in subsection (a), in the subdivision (B) fol-
lowing paragraph (28), by inserting ‘‘subject to sub-
section (y),’’ after ‘‘(B)’’; and 
(2) by adding at the end the following: 
‘‘(y)(1) In the case of an institution for mental dis-
eases that is not publicly owned or operated and that is 
subject to the requirements of section 1867, the limitation 
of subdivision (B) following paragraph (28) in subsection 
(a) (relating to limitations on payments for care or serv-
ices for individuals under 65 years of age who are patients 
in an institution for mental diseases) shall not apply to 
the provision of care or services required to stabilize an 
emergency medical condition, the treatment for which is 
within the range of services that such institution typically 
provides, of an individual who has attained age 21 but 
who has not attained age 65 and who came or was trans-
ferred to the institution, if— 
‘‘(A) the institution determines that the indi-
vidual has such an emergency medical condition; and 
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‘‘(B) the institution provides such care or serv-
ices. 
‘‘(2) In this subsection— 
‘‘(A) the term ‘stabilize’ has the meaning given 
that term in section 1867(e)(3)(A); and 
‘‘(B) the term ‘emergency medical condition’ 
has the meaning given that term in section 
1867(e)(1).’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) apply to care and services furnished on or 
after the date of the enactment of this Act. 
Æ 
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