Home News New Order Is Now Forcing Texas Hospitals to Question Patients’ Immigration Status 

New Order Is Now Forcing Texas Hospitals to Question Patients’ Immigration Status 

The leaders in Texas seemed to have forgotten that Texas was once a Mexican territory. Due to their metaphorical amnesia, now Texas hospitals will soon be mandated to inquire about the legal status of their patients, a move initiated by Governor Greg Abbott that reflects the ongoing tensions between state policies and federal immigration regulations. Effective Friday, November 1st, 2024, this executive order requires hospitals to question patients about their citizenship and lawful presence in the United States while tracking the costs associated with treating those without legal status. 

About the Order Signed by Greg Abbott

Under the new directive, hospitals must pose these questions to patients, though individuals retain the right to decline to answer without impacting their access to care. Federal law mandates that patient care cannot be compromised based on these responses. Texas health officials have been preparing for this transition for several months, aiming to reassure the public that this change will not alter the quality of medical treatment provided.  

Governor Abbott articulated his stance on this matter when he made the announcement, declaring, “Texans should not have to shoulder the burden of financially supporting medical care for illegal immigrants.” This policy mirrors similar measures enacted in Florida, where Governor Ron DeSantis has pursued stringent immigration controls. The law in Florida has reportedly instilled fear among immigrant communities, deterring individuals from seeking necessary medical assistance. Critics argue that such policies could produce a similar effect in Texas, despite assurances that patients are not obliged to disclose their immigration status to receive care. 

What Happens Next?

While Texas hospitals will not begin submitting data to the state until March, they are expected to report on various categories of patient visits and costs, distinguishing between those who are covered by Medicaid or the Children’s Health Insurance Program (CHIP) and those who are not. Early drafts of the reporting templates suggest that hospitals will not be required to include personal identifiers, thereby aiming to protect patient privacy. However, the new questions regarding legal status could raise concerns about compliance with HIPAA (Health Insurance Portability and Accountability Act) regulations, which protect patient information. Any collection of data related to immigration status must ensure that it does not violate patients’ rights to confidentiality. 

Healthcare advocates across Texas are mobilizing efforts to inform the community about their rights in response to this new policy. Drawing from experiences in Florida, where similar initiatives resulted in widespread anxiety, local organizations have initiated educational campaigns to alleviate concerns and ensure that patients are aware of their rights. Advocates have utilized various outreach methods, including text messages and informational posters, to clarify the implications of such policies. 

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