[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3930 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 3930

To identify illegal aliens who consume scarce health care resources in 
    the United States and who do not pay for such care and to seek 
  reimbursement for this care from the home government of the aliens.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 1, 1994

Mr. Herger introduced the following bill; which was referred jointly to 
 the Committees on Energy and Commerce, Ways and Means, the Judiciary, 
                          and Foreign Affairs

_______________________________________________________________________

                                 A BILL


 
To identify illegal aliens who consume scarce health care resources in 
    the United States and who do not pay for such care and to seek 
  reimbursement for this care from the home government of the aliens.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. IDENTIFICATION OF ILLEGAL ALIENS WHO CONSUME HEALTH 
              RESOURCES.

    (a) Requirement of Disclosure.--
            (1) In general.--Each Federally-subsidized health care 
        provider (as defined in subsection (d)(1)) that provides health 
        care services described in paragraph (2) to an alien whom the 
        provider knows, or has reason to believe, is not lawfully 
        present in the United States shall report to an officer or 
        employee of the Immigration and Naturalization Service 
        specified by the Attorney General such information relating to 
        the identity of the alien as the Attorney General specifies. 
        The information shall be reported at or before the time of 
        providing such services.
            (2) Health care services described.--The health care 
        services described in this paragraph are health care items and 
        services furnished in the United States--
                    (A) by a tax-exempt health care provider, or
                    (B) for which payment may be made under a Federal 
                health care program.
            (3) Enforcement.--
                    (A) Tax-exempt health care providers.--If the 
                Attorney General determines a tax-exempt health care 
                provider has failed to report information under 
                paragraph (1) in a timely manner, the Attorney General 
                shall notify the Secretary of the Treasury, who shall 
                suspend the provider's exemption from taxes under 
                section 501 of the Internal Revenue Code of 1986 for a 
                period of not less than 2 years.
                    (B) Health care providers receiving funds under 
                federal health care programs.--If the Attorney General 
                determines a health care provider receiving payments 
                under a Federal health care program has failed to 
                report information under paragraph (1) in a timely 
                manner, the Attorney General shall notify the Secretary 
                of Health and Human Services or other Federal official 
                responsible for the payment of funds under the program, 
                who shall (directly or through notice to the State or 
                other official making payments to the provider) 
                disqualify the provider from payments under the program 
                for a period of not less than 2 years.
                    (C) Notice and hearing.--The Attorney General shall 
                not make a determination under this paragraph with 
                respect to a health care provider except after giving 
                the provider notice and opportunity for a hearing on 
                the determination.
            (4) Priority in deportation.--The Attorney General shall 
        give priority in enforcing deportation provisions of the 
        Immigration and Nationality Act to the deportation of aliens 
        who have been identified under this subsection as being 
        provided health care services at public expense.
    (b) Assuring Payment by Foreign Countries.--
            (1) In general.--Each Federally-subsidized health care 
        provider that provides health care items and services in the 
        United States to an alien who--
                    (A) is not lawfully present in the United States, 
                and
                    (B) fails to provide for payment on a timely basis 
                for any amounts owed for such services,
        shall provide the Secretary of Health and Human Services with 
        such information regarding the nationality of the alien, the 
        items and services involved, and the payment amounts owing as 
        the Secretary may specify in order to carry out this 
        subsection.
            (2) Notice to foreign country.--In the case of an alien who 
        is a national of a foreign country and who is identified under 
        paragraph (1), the Secretary shall provide notice to the 
        foreign country of the payment amounts owing and the 
        withholding provisions of paragraph (3).
            (3) Withholding of assistance for amounts owed.--Of the 
        funds made available for a foreign country under part I of the 
        Foreign Assistance Act of 1961, an amount equivalent to 110 
        percent of the total amounts identified under paragraph (1) as 
        owing under this subsection on behalf of aliens who are 
        nationals of the foreign country shall be withheld from 
        obligation for such country until the Secretary certifies and 
        reports in writing to the Congress that such amounts are fully 
        paid.
    (c) Override of Alien Shield Laws.--
            (1) Federal law.--No Federal law shall prevent a Federally-
        subsidized health care provider from disclosing to employees 
        and officers of the Immigration and Naturalization Service the 
        identity of individuals who appear to be aliens unlawfully in 
        the United States and who receive health care services from 
        such a provider.
            (2) State law.--As a condition for the receipt of Federal 
        funds under title XIX of the Social Security Act and under the 
        Public Health Service Act for fiscal years beginning with the 
        first fiscal year that begins more than 2 years after the date 
        of the enactment of this Act, each State shall repeal or 
        otherwise override any State law that has the effect of 
        preventing a Federally-subsidized health care provider from 
        making a disclosure described in paragraph (1).
    (d) Definitions.--Except as otherwise specifically provided, in 
this section:
            (1) Federally-subsidized health care provider.--The term 
        ``Federally-subsidized health care provider'' means a health 
        care provider that--
                    (A) is a tax-exempt health care provider,
                    (B) receives payments under a Federal health care 
                program (as defined in paragraph (2)).
            (2) Federal health care program.--The term ``Federal health 
        care program'' includes--
                    (A) the medicare program under title XVIII of the 
                Social Security Act,
                    (B) the medicaid program under title XIX of such 
                Act,
                    (C) the maternal and child health program under 
                title V of such Act, and
                    (D) programs under the Public Health Service Act.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
            (4) State.--The term ``State'' has the meaning given such 
        term in section 101(a)(36) of the Immigration and Nationality 
        Act.
            (5) Tax-exempt health care provider.--The term ``tax-exempt 
        health care provider'' means a health care provider described 
        in section 501(c)(3) of the Internal Revenue Code of 1986.
    (e) Effective Date.--
            (1) In general.--Except as provided in this subsection, the 
        provisions of this Act shall take effect on the first day of 
        the first month beginning more than 90 days after the date of 
        the enactment of this Act.
            (2) State laws.--In the case of a State which the Secretary 
        determines requires State legislation in order to meet the 
        condition described in subsection (c)(2), the State plan of 
        medical assistance under title XIX of the Social Security Act 
        shall not be regarded as failing to comply with such condition 
        before the first day of the first calendar quarter beginning 
        after the close of the first regular session of the State 
        legislature that begins after the date of the enactment of this 
        Act. For purposes of the previous sentence, in the case of a 
        State that has a 2-year legislative session, each year of such 
        session shall be deemed to be a separate regular session of the 
        State legislature.

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