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.

October 21, 2003

Mr. MCCRERY (for himself and Mr. ALLEN) introduced the following bill; which was referred to the Committee on Energy and Commerce

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.

END