Community leaders and advocates are raising concerns about a new executive order issued by Texas Governor Greg Abbott on Thursday.
If upheld through anticipated legal challenges, the order mandates that all public hospitals in Texas start collecting and reporting data on undocumented patients.
Governor Abbott attributes the order to the Biden Administration and a rise in illegal crossings over the past four years, though illegal crossings have recently decreased from record highs.
Advocates are encouraging migrants to continue seeking necessary medical care without fear of deportation. The governor’s order claims that Texas bears a significant portion of the costs for medical care for individuals who are not legally present in the U.S., leading to higher taxes for Texans.
The executive order, effective November 1, requires Texas hospitals to document the number of inpatient discharges and emergency room visits involving undocumented individuals, along with the costs of their care. Hospitals must also inform patients that this data collection will not impact their care.
Hospitals are required to submit quarterly reports to the Texas Department of Health and Human Services and an annual report to the governor, lieutenant governor, and speaker of the Texas House by March 2025.
The order affects acute care hospitals enrolled in Medicaid or the Children’s Health Insurance Program, and any other providers identified by the Health and Human Services Commission.
The order has been met with strong criticism. Rene Martinez, president of LULAC-100, argues that the governor’s move is hypocritical given the billions spent on border-related activities. He cites a Cato Institute study showing that, generally, the fiscal impact of immigration is positive for federal and state/local governments.
Martinez also notes that undocumented individuals often pay their medical bills over time, contrary to the payment history of some U.S. citizens. He and Dallas County Commissioner Elba Garcia argue that the order is a politically motivated tactic meant to create fear and division, particularly in an election year.
Garcia emphasizes the potential negative impacts on the community, such as lack of prenatal care and reduced access to education and health services. She points out that Parkland Hospital, the county’s public hospital, does not provide a breakdown of such costs due to HIPAA protections.
A spokesperson for Parkland referred inquiries to the governor’s office and HHS. The Texas Hospital Association is reviewing the new requirements and has stated that hospitals are obligated by law to provide life-saving care regardless of immigration status or ability to pay.
Stephen Love, CEO of the Dallas-Fort Worth Hospital Council, confirmed that hospitals will comply with new regulations and continue to provide compassionate care. He expects that the order will be implemented in accordance with federal, state, and local regulations.
Dr. Marcial Oquendo from Guadalupe Medical Clinic predicts that the order may lead people to avoid seeking care for minor issues out of fear, which could result in more severe conditions requiring costly hospital treatment later. He urges individuals to seek care at community clinics or primary care doctors to prevent minor issues from escalating and to avoid unnecessary hospital visits.
