§1369 Treatment of Expenses Subject to Emergency Medical Services Exception

Summary

If Congress provides the money first, the federal government will pay a State or its local governments for costs of emergency medical care given to a person who is an alien not lawfully present. This applies when the care is at a public hospital or facility, certain nonprofit hospitals, or by contract with another hospital. Payments only cover costs not already paid by another federal program and that cannot be billed to the person or anyone else. The person’s immigration status must be checked under rules made by HHS and the Attorney General. The Attorney General runs the program with HHS. An emergency medical condition means a sudden, severe medical problem (including emergency childbirth) that, without immediate care, could seriously endanger health, cause major loss of body function, or badly damage an organ. The rule applies to care given on or after January 1, 1997.