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Texas hospitals must now ask patients whether they are in the U.S. legally. Here’s how it works

Texas hospitals must now ask patients whether they are in the U.S. legally. Here’s how it works

Texas hospitals must ask patients starting Friday whether they are in the US legally and track unincorporated medical costs on behalf of to Republican Governor Greg Abbott this deepens the state’s conflict with the Biden administration over immigration.

Critics fear the change could scare people away from Texas hospitals, even though patients don’t have to answer questions to receive medical care. The mandate is similar to the policy that debuted last year in FloridaWhere Republican Governor Ron DeSantis he is also a frequent critic of the federal government’s handling of illegal crossings of the U.S.-Mexico border.

Texas hospitals spent months preparing for this change and tried to assure patients that it would not impact their level of care.

Here’s what you need to know:

You have to ask, you don’t have to answer

Under an executive order announced by Abbott in August, hospitals must ask patients whether they are U.S. citizens and whether they are in the country legally.

Patients have the right to withhold information, and hospital officials must tell them that their responses will not affect their care, as required by federal law.

Track hospital costs and patient data

Hospitals are not required to report to the state until March. An early version of the spreadsheet created by state health officials to track data did not include fields for patient names or personal information.

Providers will complete an inpatient and emergency care visit summary and document whether they are legally in the country, a citizen, or not legally in the U.S.

The reports will also total costs for people covered by Medicaid or the Children’s Health Insurance Program, known as CHIP; and costs for patients without it.

“Texans should not shoulder the burden of financially supporting health care for undocumented immigrants,” Abbott said when announcing the policy.

Texas follows Florida’s lead

Florida passed similar law last year. Health care advocates say the new law has created fear among immigrants in need of immediate medical care and caused fewer people to seek help, even at facilities not subject to the law.

Florida’s early data is, as the state admits, limited. Data is self-reported. According to the Florida State Report, anyone can refuse to answer. This option was chosen by almost 8% of people admitted to hospital and about 7% of people who went to the emergency room between June and December 2023. Less than 1% of people who went to the emergency room or were admitted to hospital admitted that they were in the US “illegally”.

Texas hospitals are preparing

Immigrant and health care advocates have sought to educate the Texas public about their rights. In Florida, groups spread information through text messages, posters and emails. But advocates there say they haven’t seen concerns subside for about a year.

Health care providers have received guidance from the state and guidance from the Texas Hospital Association.

“The most important thing for patients is that this does not change hospital care. Texas hospitals continue to be a safe place to get the care you need, said Carrie Williams, spokeswoman for the hospital association.

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