 DEBATE CONTINUES ON IMMIGRANT HEALTH CARE IN TEXAS
A few weeks ago we reported on the decision by the Texas Attorney General that state hospitals cannot provide nonemergency medical care to undocumented immigrants (see http://www.visalaw.com/01jul3/4jul301.html). Now the District Attorney in Harris County is opening an investigation into whether hospital officials broke the law in treating undocumented immigrants.
The investigation was prompted by a complaint from the Young Conservatives of Texas. Following the decision of the Attorney General, the Harris County hospital system said that it would continue to provide nonemergency care to all residents of the county, regardless of their immigration status. At that time, the District Attorney said that he would not conduct an investigation unless he received a complaint.
The chair of the board of the hospital district, himself a former prosecutor, noted that district attorneys have discretion in choosing which cases to investigate and prosecute, and that such discretion should be exercised in this case.
Harris County, home to Houston, has come under more fire than other counties in Texas that are also ignoring the Attorney General’s opinion, in large part because it rountinly provides preventative care to undocumented immigrants.
Others are investigating ways to alleviate the impact of the decision. A bill has been introduced in Congress to allow states to provide medical care to undocumented immigrants, and similar legislation is expected to be introduced the next time the Texas legislature meets. Lawyers are also examining the law to determine whether the Attorney General’s opinion was correct.
Some argue that a 1999 amendment to the state constitution makes the provision of such care legal. The amendment states that local hospitals have “full responsibility for providing medical and hospital care to needy inhabitants of the county.” Arguing that “inhabitants” does not distinguish people on the basis of immigration status, supporters of providing care say that the amendment at least provides sufficient legal cover to continue providing nonemergency care without fear of criminal prosecution.
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