Hospitals by order of the Texas governor have to quarterly issue reports to the state on the immigration status of patients seeking care at facilities. According to Texas Gov. Greg Abbott, he's seeking reimbursement from the federal government for healthcare costs for people who are not lawfully in the U.S.
The Texas executive order requires the reports for how many people have received care will be submitted quarterly. Texas Health and Human Services Commission (TX HHSC) issued guidance to hospitals on how to report the data, but the directive lacks information on how to ask patients about their immigration status.
THE QUESTIONS
1. Do all Texas hospitals have to ask and track patients' immigration status?
2. Are patients required to respond to the immigration question?
THE SOURCES
Office of Governor Greg Abbott
Texas Health & Human Services Commission (TX HHSC)
David Donatti, ACLU of Texas
Memorial Hermann Health System
Houston Methodist
Harris Health System
Texas Hospital Association
THE ANSWERS
1. Do all Texas hospitals have to ask and track patients' immigration status? {False}
2. Are patients required to respond to the immigration question? {False}
WHAT WE FOUND
According to guidance from Texas Health and Human Services (TX HHSC) hospitals have to submit reports that have the amount of patients who are lawfully present or U.S. citizens, or those unlawfully present. According to the Texas Hospital Association, only the hospitals that participate in Medicaid or Children's Health Insurance Program (CHIP) need to report.. This executive order does not apply to free-standing emergency rooms, primary care offices, and clinics.
The ACLU of Texas says they are concerned asking questions about immigration status at hospitals could cause people to severely delay care or not get it at all. ACLU of Texas attorney, David Donatti says, "Unlawful presence is not a term that's defined under the regulation..." he continues, It's actually a pretty elaborate and complicated matrix that even immigration attorneys can struggle with. And so if you ask people these binary questions, that can be really complicated."
According to the ACLU of Texas, people are not required to answer the immigration question. Donatti says, "...It's not simply because they have something to hide. Whether you're a citizen or not. You have that right to decline to answer."
RELATED: Texas hospitals must now ask patients whether they're in the US legally. Here's how it works
Hospitals are required to let patients know, regardless of the answer to the question concerning unlawful presence care will still be provided.
The Texas Hospital Association says, "The bottom line for patients is that this doesn’t change hospital care. Texas hospitals continue to be a safe place for needed care. On the particulars of implementation, all hospitals are different. Hospitals across the state are working on the backend to determine how to comply with the reporting guidance and meet the state’s deadlines."
