[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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