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MIAMI AREA HOSPITALS UNDER FIRE FOR TREATMENT OF UNDOCUMENTED IMMIGRANTS

Public hospitals in Miami and Dade County, Florida are finding themselves under increased scrutiny for the way they charged undocumented immigrants for health care.  Under policies that have been in place for many years, but have long gone unnoticed, immigrants who cannot prove their legal status in the US are not given the same lower rates that other poor residents are provided.  Instead, they are billed at the hospitals’ highest rates.

Advocates say the result is that many immigrants do not seek medical attention when a health problem could be easily corrected, but wait until they need expensive emergency medical attention.  Many are also worried that not only do the immigrants suffer, but that they may also pose a public health risk as a result of their inability to obtain medical attention.

Lawyers with the Florida Legal Services and the Florida chapter of the American Civil Liberties Union are preparing to file a complaint about the practice with the Justice Department.  They will base the case on the contention that it is illegal to treat poor people differently based on their immigration status.  They support their claim with two important facts, first, that undocumented immigrants pay sales tax that goes to support the hospital system, and second, that preventive treatment will prevent the need for emergency care, which the state must provide.

Hospital officials say that they do not deny medical care to anyone, and that they prefer to provide that care before a medical emergency develops.  They say that their policy does not discriminate against undocumented immigrants, but is designed only to check whether a person qualifies for government reimbursement.  They do acknowledge that the policy can be interpreted to require proof of legal residency in the US to qualify for reduced fees.

 

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Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.

Siskind Susser Bland
1028 Oakhaven Rd.
Memphis, TN 38119
T. 800-343-4890 or 901-682-6455
F. 901-682-6394
Email: info@visalaw.com

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