II 118th CONGRESS 2d Session S. 5248 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.

1. Short title This Act may be cited as the Citizenship Verification in Emergency Healthcare Act . 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.