Republican Gov. Greg Abbott’s executive order, which goes into effect in Texas on Friday, Nov. 1, is causing controversy.
Starting Friday, hospitals in Texas will have to ask patients about their citizenship status.
Immigrant advocacy groups are sounding the alarm as hospital systems understand the new requirements and prepare to implement them.
State officials say the reason for the new law is data collection.
In August, Mr. Abbott signed an order requiring hospital patients and emergency medical workers to ask patients if they are U.S. citizens. The order does not specify whether patients are legally required to answer the questions..
Abbott said he would like to collect data on the cost of caring for undocumented patients. He argued that Texas pays the majority of the medical costs for people who are not legally in the United States.
According to the Texas Hospital Association, 5 million Texans are uninsured. Texas also has the highest uninsured rate in the country at 17%. However, most uninsured Texans are citizens, according to the Texas Tribune..
Critics, including the American Civil Liberties Union of Texas, said the order causes fear in the community.
“This order should not impact anyone’s access to care,” David Donatti, senior staff attorney with the ACLU of Texas, told Austin NBC affiliate KXAN. “Regardless of your status, whether you are a native-born citizen, a U.S. citizen, or an immigrant, you should have access to the health care you need, and facilities should not have the ability to prevent you from receiving that type of care. That is a very clear question of federal law.”
The Asian Pacific American Medical Students Association also issued a statement expressing concern about a similar law enacted by Florida’s Republican Governor Ron DeSantis earlier this year.
According to APAMSA, “Increased fear and anxiety among undocumented immigrants has led to sharp declines in access to health care services in Florida, with people already experiencing disproportionate health disparities losing their lives.” “They are discouraging them from receiving preventive care and emergency obstetric care that could save their lives.” statement. “Advocacy and local health groups in Texas are concerned about similar outcomes.”
However, local hospitals are stressing to people that they will not be denied medical assistance if they do not want to answer or know their condition.
“Hospitals will do the right thing, and even if someone shows up to the emergency room, even if it is a true emergency, we will treat them regardless of their legal immigration status or ability to pay. “We’re going to treat them,” President Steve Love said. DFW Hospital Council CEO: “We’re not going to change the way we treat patients. We’re going to do the right thing.”
Love said the hospital is taking steps to train staff on the new requirements.
“Fundamentally, this is one civil rights issue. The hospital has worked with its staff, worked with its attorneys to make sure it has a good grasp of civil rights. “We’re fully cooperating with the Health and Human Services Commission on how they want to do that. I think they’re still working out the logistics associated with that,” he said.
The state Department of Health also responded by saying the law is only for data collection purposes and should not deter people from seeking treatment.
Hospitals will begin collecting this information for the state starting Nov. 1 and must report the data by March 2025.
