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Texas Hospitals to Begin Asking Patients About Citizenship Status Under New Executive Order

Nolan Brown by Nolan Brown
October 30, 2024
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Texas hospitals will be required to inquire about patients' citizenship status
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Governor Greg Abbott’s executive order, which was signed in August, will come into effect on Friday.

Texas hospitals will soon be required to inquire about the citizenship status of patients seeking medical care, as per an executive order by the governor.

Starting from November 1st, a new policy will be implemented, mandating healthcare professionals to inquire about the citizenship status of individuals seeking inpatient or emergency medical attention. It is important to note that the policy does not specify any legal obligation for patients to respond to these inquiries.

According to David Donatti, a senior staff attorney with the American Civil Liberties Union (ACLU) of Texas, the order has instilled fear and is seen as yet another unwanted interference by the state of Texas.

Donatti emphasized that regardless of one’s immigration status, federal law clearly states that everyone is entitled to receive healthcare. He strongly encourages everyone to seek out necessary care whenever they need it.

The  Texas Human Health and Services (HHSC), which is responsible for reporting information to the governor, lieutenant governor, and speaker of the House, confirms that the patient’s response will not impact their care.

According to Donatti, individuals can confidently express their preference to not answer or admit that they are unsure about their status.

According to Donatti, the series of immigration questions is quite intricate and multifaceted. He further explains that doctors and nurses, who have been consulted on this matter, are not immigration attorneys and have no desire to assume that role.

According to Donatti, Texas is not saving money with this order in terms of costs. Instead, the state is actually increasing expenses due to the implementations. Donatti also highlighted that Texas currently has the highest uninsured rate in the country.

According to Donatti, delaying seeking care due to the assumption that hospitals cannot turn away emergency patients could have long-term consequences. He emphasizes that waiting until a medical issue worsens can result in higher costs for everyone involved.

KVUE also contacted St. David’s Health Care to inquire about their approach to handling the order. In response, the organization issued the following statement:

St. David’s HealthCare, like other hospitals in the state, will ensure that it complies with any new legal or regulatory requirements. Our top priority is to provide the highest quality of patient care. As part of this commitment, we offer care to all patients who come to our facilities, regardless of their ability to pay. This is under the Emergency Medical Treatment and Labor Act (EMTALA).

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