An executive order issued by Texas Governor Greg Abbott requires hospitals to ask whether people are legally in the country.
Under an order from the Texas governor, hospitals are required to issue quarterly reports to the state on the immigration status of patients seeking treatment at their facilities. Texas Governor Greg Abbott says he is asking the federal government to reimburse the medical costs of people who are not legally in the United States.
Texas’ executive order requires quarterly reports on the number of people receiving care. The Texas Health and Human Services Commission (TX HHSC) has issued guidance for hospitals on how to report data, but the directive lacks information on how to ask patients about their immigration status.
question
1. Are all hospitals in Texas required to ask and track patients’ immigration status?
2. Do patients need to answer immigration questions?
source of information
answer
1. Are all hospitals in Texas required to ask and track patients’ immigration status? {False}
2. Does the patient need to answer immigration questions? {False}
what we found
According to guidance from the Texas Department of Health and Human Services (TX HHSC), hospitals must submit a report stating the number of legally admitted patients, U.S. citizens, or unlawfully admitted patients. . According to the Texas Hospital Association, only hospitals that participate in Medicaid or the Children’s Health Insurance Program (CHIP) are required to report. This Executive Order does not apply to free-standing emergency rooms, primary care offices, or physician offices.
The ACLU of Texas says it is concerned that asking questions about immigration status at hospitals could cause people to significantly delay treatment or not receive treatment at all. David Donatti, an attorney with the ACLU of Texas, continues, “Undocumented alienation is not a term defined in the regulations…” It’s actually a fairly elaborate and complex matrix that even immigration lawyers can struggle with. be. So asking people these binary questions can get very complicated. ”
The ACLU of Texas says people don’t have to answer immigration questions. Donatti says, “…it’s not just because they’re hiding something. Whether you’re a citizen or not, you have the right to refuse answers.”
RELATED: Texas hospitals now have to ask patients if they are in the U.S. legally. Here’s how it works
Hospitals must inform patients that care will continue to be provided regardless of the answer to the illegal presence question.
The Texas Hospital Association said, “The bottom line for patients is that this does not change hospital care. Texas hospitals will continue to be safe places to get the care you need. Implementation Details All hospitals are different when it comes to this. All hospitals in the state are the same.” We are working on the back end to determine how to comply with reporting guidelines and meet state deadlines. ”
