article: 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.''.
summary: 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.