
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 8USC1369]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
                         Part IX--Miscellaneous
 
Sec. 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.

(Pub. L. 104-208, div. C, title V, Sec. 562, Sept. 30, 1996, 110 Stat. 
3009-682.)

                          Codification

    Section was enacted as part of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996, and also as part of the Omnibus 
Consolidated Appropriations Act, 1997, and not as part of the 
Immigration and Nationality Act which comprises this chapter.
