[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1771 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 1771
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 SENATE OF THE UNITED STATES
October 21, 2003
Ms. Snowe (for herself and Mr. Conrad) introduced the following bill;
which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicaid Psychiatric Hospital
Fairness Act of 2003''.
SEC. 2. MEDICAID REIMBURSEMENT FOR CARE OR SERVICES REQUIRED UNDER
EMTALA THAT ARE PROVIDED IN A NONPUBLICLY OWNED OR
OPERATED INSTITUTION FOR MENTAL DISEASES.
(a) In General.--Section 1905 of the Social Security Act (42 U.S.C.
1396d) is amended--
(1) in subsection (a), in the subdivision (B) following
paragraph (27), by inserting ``subject to subsection (x),''
after ``(B)''; and
(2) by adding at the end the following:
``(x)(1) In the case of an institution for mental diseases that is
not publicly owned or operated and that is subject to the requirements
of section 1867, the limitation of subdivision (B) following paragraph
(27) in subsection (a) (relating to limitations on payments for care or
services 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 transferred to
the institution, if--
``(A) the institution determines that the individual has
such an emergency medical condition; and
``(B) the institution provides such care or services.
``(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 enactment of this
Act.
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