8 U.S.C. § 1369 : US Code - Section 1369: Treatment of expenses subject to emergency medical services exception
Search 8 U.S.C. § 1369 : US Code - Section 1369: Treatment of expenses subject to emergency medical services exception
(a) In general
Subject to such amounts as are provided in advance in
appropriation Acts, each State or political subdivision of a State
that provides medical assistance for care and treatment of an
emergency medical condition (as defined in subsection (d) of this
section) through a public hospital or other public facility
(including a nonprofit hospital that is eligible for an additional
payment adjustment under section 1395ww of title 42) or through
contract with another hospital or facility to an individual who is
an alien not lawfully present in the United States is eligible for
payment from the Federal Government of its costs of providing such
services, but only to the extent that such costs are not otherwise
reimbursed through any other Federal program and cannot be
recovered from the alien or another person.
(b) Confirmation of immigration status required
No payment shall be made under this section with respect to
services furnished to an individual unless the immigration status
of the individual has been verified through appropriate procedures
established by the Secretary of Health and Human Services and the
Attorney General.
(c) Administration
This section shall be administered by the Attorney General, in
consultation with the Secretary of Health and Human Services.
(d) "Emergency medical condition" defined
For purposes of this section, the term "emergency medical
condition" means a medical condition (including emergency labor and
delivery) manifesting itself by acute symptoms of sufficient
severity (including severe pain) such that the absence of immediate
medical attention could reasonably be expected to result in -
(1) placing the patient's health in serious jeopardy,
(2) serious impairment to bodily functions, or
(3) serious dysfunction of any bodily organ or part.
(e) Effective date
Subsection (a) of this section shall apply to medical assistance
for care and treatment of an emergency medical condition furnished
on or after January 1, 1997.
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