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HR 5657 IH

To clarify the authority of States to use funds as the non-Federal share of Medicaid expenditures for certain regional medical centers.

March 31, 2008

Mr. COHEN introduced the following bill; which was referred to the Committee on Energy and Commerce

To clarify the authority of States to use funds as the non-Federal share of Medicaid expenditures for certain regional medical centers.

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

SECTION 1. CLARIFICATION OF TREATMENT OF STATE AUTHORITY TO USE FUNDS AS THE NON-FEDERAL SHARE OF MEDICAID EXPENDITURES FOR CERTAIN REGIONAL MEDICAL CENTERS.

(a) In General- Nothing in section 1903(w) of the Social Security Act (42 U.S.C. 1396b(w)) shall be construed by the Secretary of Health and Human Services as prohibiting a State's use of funds as the non-Federal share of expenditures under title XIX of such Act where such funds are transferred from or certified by a publicly-owned regional medical center located in another State and described in subsection (b), so long as the Secretary determines that such use of funds is proper and in the interest of the program under title XIX.

(b) Center Described- A center described in this subsection is a publicly-owned regional medical center that--

(1) provides level 1 trauma and burn care services;

(2) provides level 3 neonatal care services;

(3) is obligated to serve all patients, regardless of ability to pay;

(4) is located within a Standard Metropolitan Statistical Area (SMSA) that includes at least 3 States;

(5) provides services as a tertiary care provider for patients residing within a 125-mile radius; and

(6) meets the criteria for a disproportionate share hospital under section 1923 of such Act (42 U.S.C. 1396r-4) in at least one State other than the State in which the center is located.