Page:United States Statutes at Large Volume 117.djvu/2453

 117 STAT. 2434

PUBLIC LAW 108–173—DEC. 8, 2003 (B) may base payments for hospital services on estimated hospital charges, adjusted to estimated cost, through the application of hospital-specific cost-to-charge ratios; (C) shall provide for the election by a hospital to receive either payments to the hospital for— (i) hospital and physician services; or (ii) hospital services and for a portion of the oncall payments made by the hospital to physicians; and (D) shall make quarterly payments under this section to eligible providers. If a hospital makes the election under subparagraph (C)(i), the hospital shall pass on payments for services of a physician to the physician and may not charge any administrative or other fee with respect to such payments. (4) LIMITATION ON USE OF FUNDS.—Payments made to eligible providers in a State from allotments made under subsection (b) for a fiscal year may only be used for costs incurred in providing eligible services to aliens described in paragraph (5). (5) ALIENS DESCRIBED.—For purposes of paragraphs (1) and (2), aliens described in this paragraph are any of the following: (A) Undocumented aliens. (B) Aliens who have been paroled into the United States at a United States port of entry for the purpose of receiving eligible services. (C) Mexican citizens permitted to enter the United States for not more than 72 hours under the authority of a biometric machine readable border crossing identification card (also referred to as a ‘‘laser visa’’) issued in accordance with the requirements of regulations prescribed under section 101(a)(6) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(6)). (d) APPLICATIONS; ADVANCE PAYMENTS.— (1) DEADLINE FOR ESTABLISHMENT OF APPLICATION PROCESS.— (A) IN GENERAL.—Not later than September 1, 2004, the Secretary shall establish a process under which eligible providers located in a State may request payments under subsection (c). (B) INCLUSION OF MEASURES TO COMBAT FRAUD AND ABUSE.—The Secretary shall include in the process established under subparagraph (A) measures to ensure that inappropriate, excessive, or fraudulent payments are not made from the allotments determined under subsection (b), including certification by the eligible provider of the veracity of the payment request. (2) ADVANCE PAYMENT; RETROSPECTIVE ADJUSTMENT.—The process established under paragraph (1) may provide for making payments under this section for each quarter of a fiscal year on the basis of advance estimates of expenditures submitted by applicants for such payments and such other investigation as the Secretary may find necessary, and for making reductions or increases in the payments as necessary to adjust for any overpayment or underpayment for prior quarters of such fiscal year. (e) DEFINITIONS.—In this section:

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