 TEXAS ATTORNEY GENERAL SAYS HOSPITALS CANNOT PROVIDE CARE TO UNDOCUMENTED IMMIGRANTS
The Texas State Attorney General recently issued an opinion responding to the concerns of the Harris County Attorney about whether the local hospital could provide nonemergency medical care to undocumented immigrants. According to the Attorney General, such actions would violate the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (the welfare reform law).
The Harris County Hospital District is required to provide medical care to indigent and needy people in Harris County. However, the welfare reform law prohibits the provision of nonemergency care to undocumented immigrants, unless, after the law went into effect, the state passes a law specifically authorizing the provision of such care. The Attorney General found that while there were several laws passed after 1996, including laws that authorized the immunization of undocumented children, treatment for communicable diseases and treatment for child abuse, there was no law that authorized the provision of general medical care.
The Attorney General did not find persuasive the argument that the welfare reform law coerced specific state action. Because it still allowed the state to provide nonemergency care after passing a law specifically authorizing it, the state was free to choose its course of action, and was not compelled by the federal government to take specific actions.
The county also sought advice as to the potential consequences of providing care to undocumented immigrants. While there are no specific sanctions, using Medicare or Medicaid funding for such treatment is a misuse of that funding and could jeopardize the receipt of that money.
The Harris County Hospital District says it will continue to provide nonemergency medical care to all needy people in the county, regardless of their immigration status. One primary reason for this is that everyone in the US, regardless of their immigration status, is entitled to emergency medical care, which is much more expensive than preventive care. The district believes that by providing nonemergency care, it will reduce the need for emergency care.
Several Texas legislators say that they will introduce bills to authorize hospitals to provide nonemergency care to undocumented immigrants. However, because the Texas Legislature only meets every two years, such bills will not be introduced until 2003.
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