text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Local Emergency Health Services 
  Reimbursement Act of 2002''.
  
  SEC. 2. FEDERAL REIMBURSEMENT OF EMERGENCY HEALTH SERVICES FURNISHED TO 
                UNDOCUMENTED ALIENS.
  
      Section 4723 of the Balanced Budget Act of 1997 (8 U.S.C. 1611 
  note) is amended to read as follows:
  
  ``SEC. 4723. FEDERAL REIMBURSEMENT OF EMERGENCY HEALTH SERVICES 
                FURNISHED TO UNDOCUMENTED ALIENS.
  
      ``(a) Total Amount Available for Allotment.--There is appropriated, 
  out of any funds in the Treasury not otherwise appropriated, 
  $200,000,000 for each of fiscal years 2003 through 2007, for the 
  purpose of making allotments under this section to States described in 
  paragraph (1) or (2) of subsection (b).
      ``(b) State Allotments.--
              ``(1) Based on highest number of undocumented aliens.--
                      ``(A) Determination of allotments.--
                              ``(i) In general.--Out of the amount 
                          appropriated under subsection (a) for a fiscal 
                          year, the Secretary shall use $134,000,000 of 
                          such amount to compute an allotment for each 
                          such fiscal year for each of the 17 States with 
                          the highest number of undocumented aliens.
                              ``(ii) Formula.--The amount of such 
                          allotment for each such State for a fiscal year 
                          shall bear the same ratio to the total amount 
                          available for allotments under this paragraph 
                          for the fiscal year as the ratio of the number 
                          of undocumented aliens in the State in the 
                          fiscal year bears to the total of such numbers 
                          for all such States for such fiscal year.
                              ``(iii) Availability of funds.--The amount 
                          of an allotment provided to a State under this 
                          paragraph for a fiscal year that is not paid 
                          out under subsection (c) shall be available for 
                          payment during the subsequent fiscal year.
                      ``(B) Data.--For purposes of subparagraph (A), the 
                  number of undocumented aliens in a State shall be 
                  determined based on estimates of the resident 
                  undocumented alien population residing in each State 
                  prepared by the Statistics Division of the Immigration 
                  and Naturalization Service as of October 1992 (or as of 
                  such later date if such date is at least 1 year before 
                  the beginning of the fiscal year involved).
              ``(2) Based on number of undocumented alien apprehension 
          states.--
                      ``(A) In general.--Out of the amount appropriated 
                  under subsection (a) for a fiscal year, the Secretary 
                  shall use $66,000,000 of such amount to compute an 
                  allotment for each such fiscal year for each of the 6 
                  States with the highest number of undocumented alien 
                  apprehensions for such fiscal year.
                      ``(B) Determination of allotments.--The amount of 
                  such allotment for each such State for a fiscal year 
                  shall bear the same ratio to the total amount available 
                  for allotments under this paragraph for the fiscal year 
                  as the ratio of the number of undocumented alien 
                  apprehensions in the State in the fiscal year bears to 
                  the total of such numbers for all such States for such 
                  fiscal year.
                      ``(C) Data.--For purposes of this paragraph, the 
                  highest number of undocumented alien apprehensions for 
                  a fiscal year shall be based on the 4 most recent 
                  quarterly apprehension rates for undocumented aliens in 
                  such States, as reported by the Immigration and 
                  Naturalization Service.
                      ``(D) Availability of funds.--The amount of an 
                  allotment provided to a State under this paragraph for 
                  a fiscal year that is not paid out under subsection (c) 
                  shall be available for payment during the subsequent 
                  fiscal year.
              ``(3) Rule of construction.--Nothing in this section shall 
          be construed as prohibiting a State that is described in both 
          of paragraphs (1) and (2) from receiving an allotment under 
          both such paragraphs for a fiscal year.
      ``(c) Use of Funds.--The Secretary shall pay, from the allotments 
  made for a State under paragraphs (1) and, if applicable, (2) of 
  subsection (b) for a fiscal year, to each State and directly to local 
  governments, hospitals, or other providers located in the State 
  (including providers of services received through an Indian Health 
  Service facility whether operated by the Indian Health Service or by an 
  Indian tribe or tribal organization (as defined in section 4 of the 
  Indian Health Care Improvement Act)) that provide uncompensated 
  emergency health services furnished to undocumented aliens during that 
  fiscal year, such amounts (subject to the total amount available from 
  such allotments) as the State, local governments, hospitals, or 
  providers demonstrate were incurred for the provision of such services 
  during that fiscal year.
      ``(d) Definitions.--In this section:
              ``(1) Hospital.--The term `hospital' has the meaning given 
          such term in section 1861(e) of the Social Security Act (42 
          U.S.C. 1395x(e)).
              ``(2) Provider.--The term `provider' includes a physician, 
          any other health care professional licensed under State law, 
          and any other entity that furnishes emergency health services, 
          including ambulance services.
              ``(3) Secretary.--The term `Secretary' means the Secretary 
          of Health and Human Services.
              ``(4) State.--The term `State' means the 50 States and the 
          District of Columbia.
      ``(e) Entitlement.--This section constitutes budget authority in 
  advance of appropriations Acts and represents the obligation of the 
  Federal Government to provide for the payment of amounts provided under 
  this section.''.
target: Local Emergency Health Services Reimbursement Act of 2002 - Amends the Balanced Budget Act of 1997 to appropriate $200,000,000 for each of FY 2003 through 2007 for allotments to States for reimbursement of emergency health services furnished to undocumented aliens (presently such appropriations end after FY 2001). Directs the Secretary of Health and Human Services to use $134,000,000 of such amount to compute an allotment, according to a specified formula, for each of the 17 States with the highest number of undocumented aliens. Directs the Secretary to use $66,000,000 to compute an allotment for each of the six States with the highest number of undocumented alien apprehensions. Permits a State to receive funds on both accounts. Allows funds to go to States, local governments, hospitals, or other providers in a State, including providers of services received through an Indian Health Service facility (presently funds go only to States).Declares that this Act constitutes budget authority in advance of appropriations Acts.
feat_title: A bill to amend the Balanced Budget Act of 1997 to extend and modify the reimbursement of State and local funds expended for emergency health services furnished to undocumented aliens.