health care services shall be equal to 100 percent of 
the payment rate for the corresponding service 
under part A or B of the Medicare program, or, in 
the case of prescription drugs and other items and 
services not covered under either such part, such 
amount as the Secretary may specify by rule. Such 
a provider shall not be permitted to impose any cost- 
sharing or to balance bill for services furnished 
under this section. 
‘‘(2) USE OF MEDICARE CONTRACTORS.—The 
Secretary shall enter into arrangements with Medi-
care administrative contractors under which such 
contractors process claims for emergency health care 
services under this section using the claim forms, 
codes, and nomenclature in effect under the Medi-
care program. 
‘‘(3) APPLICATION
OF
SECONDARY
PAYER 
RULES.—In the case of payment under this section 
for emergency health care services for otherwise 
qualified individuals who have some health insurance 
coverage with respect to such services, the adminis-
trative contractors under paragraph (2) shall submit 
a claim to the entity offering such coverage to re-
coup all or some of such payment, reflecting what-
ever amount the entity would normally reimburse for 
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each covered service. The provisions of section 
1862(b) of the Social Security Act (42 U.S.C. 
1395y(b)) shall apply to benefits provided under this 
section in the same manner as they apply to benefits 
provided under the Medicare program. 
‘‘(4) PAYMENTS
FOR
EMERGENCY
HEALTH 
CARE SERVICES AND RELATED COSTS.—Payments to 
provide, and costs to administer, emergency health 
care services under this section shall be made from 
the 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 health care services unless the pro-
vider 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.— 
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‘‘(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 health care services and costs to admin-
ister the services during a public health emergency. 
‘‘(2) NO USE OF MEDICARE FUNDS.—No funds 
under the Medicare program shall be made available 
or used to make payments under this section. 
‘‘(3) FRAUD
AND
ABUSE
PROVISIONS.—Pro-
viders and recipients of emergency health care serv-
ices under this section shall be subject to the Fed-
eral fraud and abuse protections that apply to Fed-
eral health care programs as defined in section 
1128B(f) of the Social Security Act (42 U.S.C. 
1320a–7b(f)). 
‘‘(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 HEALTH CARE PROVIDERS AND THE 
GENERAL POPULATION.— 
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‘‘(1) PLANNING FOR COVERAGE OF EMERGENCY 
HEALTH CARE SERVICES IN PUBLIC HEALTH EMER-
GENCIES.—The Secretary shall, not later than 90 
days after the date of the enactment of this section, 
initiate planning to carry out this section, including 
planning relating to implementation of the payments 
and claims administration under subsection (e), in 
the event of activation of emergency health care cov-
erage. 
‘‘(2) OUTREACH AND PUBLIC EDUCATION CAM-
PAIGN.—The Secretary shall conduct an outreach 
and public education campaign to inform health care 
providers and the general public about the avail-
ability of emergency health care coverage under this 
section during the period of the emergency. Such 
campaign shall include— 
‘‘(A) an explanation of the emergency 
health care coverage program under this sec-
tion; 
‘‘(B) claim forms and instructions for 
health care 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. 
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‘‘(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are 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 HEALTH CARE 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 health care programs in administering 
emergency health care services under this section to the 
extent 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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