AUSTIN, Texas (AP) – Starting Friday, hospital patients in Texas will be asked if they are legally in the United States.
The new policy is based on an order from Republican Gov. Greg Abbott and intensifies the conflict between the state and the Biden administration over immigration. Mr. Abbott would track spending by hospitals on patients who are not legal residents and allow the state to recover funds from the federal government. Critics believe the new questions could scare people away from receiving important medical care, even though patients are allowed to say they don’t want to answer.
The mandate is similar to a policy introduced last year in Florida, where Republican Gov. Ron DeSantis has frequently criticized the federal government’s response to illegal border crossings along the U.S.-Mexico border.
Florida hospitals were ordered last year to start asking questions about immigration status, a move that critics say has caused confusion and fear in immigrant communities.
Texas hospitals have spent months preparing for the change and trying to reassure patients that the level of care will not be affected.
Here’s what you need to know:
Under an executive order issued by Mr. Abbott in August, hospitals must ask patients whether they are U.S. citizens and whether they are legally present in the country.
Patients have the right to withhold information, and as required by federal law, hospital staff must tell patients that their actions will not affect their treatment.
Track hospital costs and patient data
Hospitals don’t have to start filing reports with the state until March. An early draft of a spreadsheet created by state health officials to track the data does not include fields for patient names or personal information.
Healthcare providers complete a breakdown of inpatient and emergency patient visits and document whether they are legally present in the United States, nationals, or not lawfully present in the United States.
The report also tallies costs for patients who are covered by Medicaid or the Children’s Health Insurance Program, known as CHIP, and those who are not.
“Texans should not have to bear the burden of financially supporting the health care of illegal immigrants,” Abbott said when announcing the policy.
Health care advocates in Florida say the law has scared immigrants in need of emergency medical care, making them less likely to seek help, even in facilities not covered by the law.
By the state’s own admission, early data for Florida is limited. It’s a self-report. According to the Florida report, anyone can refuse to answer, and about 8% of people hospitalized and 7% of emergency department visits from June to December 2023 chose this option. It is said that he did. Less than 1% of people who went to the emergency room or were hospitalized reported being in the U.S. “illegally.”
Immigrant and health care advocates have sought to educate Texans about their rights. In Florida, the group used text messages, posters and emails to disseminate information. But local advocates say the fear has shown no signs of abating for nearly a year.
Health care providers received direction from the state and guidance from the Texas Hospital Association.
“It’s important for patients to know that this does not change hospital care. Texas hospitals will continue to be safe places to get the care you need,” said Carey Williams, spokesperson for the hospital association. said.
