Governor Greg Abbott issued an executive order last Friday requiring Texas hospitals to gather data about patients who are not authorized to be in the state.
Texas “absorbs a large percentage of the costs associated with medical care for individuals who are not lawfully in the United States,” according to Abbott, who signed the order in August in an attempt to gather statistics on the expenses of treating undocumented patients.
Additionally, hospitals are required by the order to advise patients that their response “will not affect patient care.”
With a rate of 17%, more than double the national average, Texas has the highest uninsured rate in the country. According to the Texas Hospital Association, five million Texans lack health insurance. Over $3 billion of the $8 billion in “charity care” that hospitals gave to uninsured patients last year was not paid for.
However, citizens make up the majority of uninsured Texans. Even though there are 1.6 million undocumented immigrants in Texas, the Texas Tribune noted that they visit hospitals at lower rates than citizens of the United States and contribute just a small portion of the uninsured cost burden on state hospitals.
The Texas American Civil Liberties Union is concerned that the injunction would deter undocumented Texans from getting the care they need. They emphasize that patients are not required to respond to the inquiry and that they cannot be refused care regardless of their response.
David Donatti, a senior staff attorney with the ACLU of Texas, stated that this ruling should not affect anyone’s ability to receive care. “Regardless of your status—native-born, U.S. citizen, or immigrant—you should be able to get the healthcare you require, and the facility shouldn’t be able to prevent you from getting that kind of care.” In terms of federal law, that is very evident.
According to Donatti, the ACLU is looking into potential legal action against the governor’s directive.
The Texas Hospital Association also reassures patients that the new law won’t have an impact on their access to healthcare.
In the end, this has no bearing on hospital care for patients. Carrie Williams, a spokesman for the Texas Hospital Association, told Nexstar that Texas hospitals remain a secure location for necessary medical care. Every hospital is unique when it comes to the specifics of implementation. In order to satisfy the state’s deadlines and adhere to the reporting guidelines, hospitals around the state are working on the backend.
Only hospitals that are enrolled in Medicaid or the Children’s Health Insurance Program are subject to the order. Each quarter, the establishments must submit their statistics to the Health and Human Services Commission; the first submission is due on March 1, 2025.
