§1369 Treatment of expenses subject to emergency medical services exception

Summary

Pays states (and their local governments) for emergency medical care given to people who are not lawfully in the United States, but only if Congress provides money in advance. Care must be given by a public hospital or similar public facility, or by contract with another hospital; some nonprofit hospitals that get extra payments are included. Federal payment covers only costs not paid by other federal programs and that cannot be collected from the patient or someone else. The person’s immigration status must be checked under procedures set by HHS and the Attorney General. The Attorney General runs the program with HHS. An “emergency medical condition” includes emergency labor or delivery and sudden, severe symptoms that, without immediate care, could seriously endanger health, bodily functions, or an organ. Applies to care on or after January 1, 1997.