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Federal Reimbursement of Emergency Health Services furnished to Undocumented Aliens

Published on AidPage by IDILOGIC on Jun 24, 2005

Administered by:



Medicare Prescription Drug, Improvement, and Modernization Act of 2003, Public Law 108-73, Section 1011; also referred to as the Medicare Modernization Act (MMA).

Note: This section lists the legal authority upon which a program is based (acts, amendments to acts, Public Law numbers, titles, sections, Statute Codes, citations to the U.S. Code, Executive Orders, Presidential Reorganization Plans, and Memoranda from an agency head).

Regulations, Guidelines, And Literature

Since section 1011 does not amend the Social Security Act and does not include specific rulemaking authority, we do not have the authority to issue a notice of proposed rulemaking or implement regulations for this section of MMA. Thus, as an alternative to the notice-and-comment process, CMS will request public comment regarding our proposed implementation strategy via this document, and implement this section of MMA by publishing a Paperwork Reduction Act (PRA) notice in the Federal Register, an action that in any case is necessary for clearing the associated information collection instruments. In addition to finalizing the information collection instruments, the PRA package will provide substantive information regarding our implementation approach and our interpretation of section 1011. Given the statutory date for implementing this provision, we will use the emergency PRA notice and clearance process as outlined in the PRA regulations 5 CFR 1320.13. Under this process, the normal 60-day and 30-day comment periods will be abbreviated to ensure that the procedural requirements and associated policies are approved by OMB prior to the statutory implementation date.