What you should know about Texas hospital citizenship issues

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To read this notice in Spanish, please click here.

On November 1, Texas hospitals that accept Medicaid or children’s health insurance coverage began asking all patients about their immigration status and whether they are legally in the United States. The requirement is part of an executive order Gov. Greg Abbott issued this summer.

The information is purely statistical in nature. No identifying information about the patient will be shared with the Governor’s Office.

Here’s what you need to know:

Do I need to answer questions from hospitals about my citizenship or immigration status?

No. According to several advocacy groups, including the American Civil Liberties Union, while hospitals are required to ask patients about their citizenship or immigration status, they cannot force anyone to answer the question. Patients can either answer the question or tell the hospital that they do not want to answer.

Will I be denied treatment if I refuse to respond?

You should not be denied medical care because you refuse to answer questions about your citizenship or immigration status. Abbott’s order says hospitals should inform their patients that their answer to that question will not affect their care, as required by federal law.

Harris Health in Houston, which includes Ben Taub and LBJ hospitals, said in a statement: “Regardless of how they answer the citizenship status question, it will in no way impact their health care in Harris Health emergency departments or hospitals. “

What happens if a hospital staff member pressures me to answer? What recourse do I have?

A patient may request to speak with the charge nurse on duty, the hospital’s guest relations staff, or a patient rights advocate. If a patient believes hospital staff behaved inappropriately when questioning their citizenship or immigration status, they can contact the ACLU using this intake form.

Why do hospitals do this?

Due to the governor’s order, hospitals are required to do this. Abbott is asking them to do this because he wants a clearer picture of how much money Texas hospitals are spending caring for undocumented immigrants. Abbott has argued that the Biden administration’s immigration policies have cost states more money and that the federal government should reimburse states for those costs

What will hospitals do with this information?

Abbott’s order requires hospitals to count how many times they have asked patients the question and track the answers patients receive. They do not disclose personal information about a patient to government authorities.

At what point in the visit do they ask this question?

Hospital staff may ask about their citizenship or immigration status at any point in the admission process, but asking this question does not impact patient care.

Does the governor’s order apply to emergency rooms operated by hospitals?

According to the Texas Hospital Association, this only applies to hospitals, not their clinics. The Texas Tribune has not received any reports of urgent care clinics asking patients about their citizenship or immigration status.

Are all patients asked this question?

Yes.

Will I be asked this question regardless of my ability to pay for care?

Yes.

What if I feel uncomfortable asking for more information or discussing my rights in English?

According to the ACLU, if you have concerns about your rights or care but do not want to discuss them in English, you should request an interpreter who is fluent in your native language.

Disclosure: The Texas Hospital Association has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism. A full list of them can be found here.