EDINBURG, Texas - South Texas Health System says it is complying with an executive order from Gov. Greg Abbott to collect information on undocumented immigrants who use its hospitals.
However, STHS says the quality of care given to immigrants has not changed and will not change.
”South Texas Health System is complying with the executive order announced by Texas Gov. Greg Abbott in August 2024,” STHS said, in a statement. “Patients at all STHS hospitals are asked if they are citizens of the US and whether they are lawfully present in the country, as required by the executive order.”
The statement continued: “STHS informs patients that they have the right to withhold the information. Their responses do not and will not affect the care they receive, as required by federal law. STHS is committed to providing quality, compassionate care to all patients regardless of their citizenship status.”
Critics of the executive order believe fewer immigrants will use hospitals when sick for fear their information will be passed on to immigration enforcement agencies by the Department of Public Safety.
The executive order applies only to all acute care hospitals that participate in Medicaid or CHIP. Issued by Abbott on Aug. 8, the order directs the Texas Health and Human Services Commission (HHSC) to collect information on undocumented immigrants who use Texas public hospitals for inpatient and emergency care and to report incurred healthcare costs.
Under the order, HHSC is required to report annually to the Governor and Texas Legislature all inpatient and emergency care costs for undocumented immigrants in hopes that the State of Texas can secure reimbursement from the federal government.
“Due to President Joe Biden and Vice President Kamala Harris’ open border policies, Texas has had to foot the bill for medical costs for individuals illegally in the state,” Abbott said, when he issued the executive order.
“Texans should not have to shoulder the burden of financially supporting medical care for illegal immigrants. That is why today I issued an Executive Order requiring the Texas Health and Human Services Commission to collect and report healthcare costs for illegal immigrants in our state. Texas will hold the Biden-Harris Administration accountable for the consequences of their open border policies, and we will fight to ensure that they pay back Texas for their costly and dangerous policies.”
The executive order came into force on Nov. 1. The order:
The Rio Grande Guardian asked DHR Health what it was doing in response to Abbott’s executive order. A DHR spokesperson said all comments on the issue are being handled by the Texas Hospital Association (THA).
Carrie Williams, chief communications officer for THA, said the executive order does not change the care patients receive. She said this was important to point out because the THA and its members do not want patients to avoid care and worsen because they are concerned about immigration questions.
“The bottom line for patients is that this doesn’t change hospital care. Texas hospitals continue to be a safe place for needed care. On the particulars of implementation, all hospitals are different. Hospitals across the state are working on the backend to determine how to comply with the reporting guidance and meet the state’s deadlines,” Williams told the Guardian.
HHSC issued guidance to health systems when the executive order was issued. It states:
In accordance with Executive Order No. GA-46, issued by Governor Greg Abbott on August 8, 2024, hospital providers must ask each patient during the hospital intake process whether the patient is (1) a citizen or an alien lawfully present in the United States, or (2) an alien not lawfully present in the United States. Hospital providers must report to HHSC quarterly the number of inpatient discharges of and emergency visits by all patients and patients who are (1) a citizen or an alien lawfully present in the United States, and (2) an alien not lawfully present in the United States. Hospital providers must also report to HHSC quarterly the costs of care for patients who are not lawfully present in the United States. Hospitals are expected to begin collecting the information by November 1, 2024, and begin reporting to HHSC on March 1, 2025.
When collecting information about a patient’s immigration status, hospital providers must provide notification that, as required by federal law, the response will not affect patient care.
See the initial draft of the spreadsheet to be used to collect data here.
This spreadsheet is designed to provide guidance as to what information acute-care hospitals will need to be able to track, collect, and report so that you can begin making any necessary system adjustments in advance of November 1, 2024. As indicated in the executive order, reporting will be done by month, on a quarterly basis. The bulleted list below outlines how the reporting will be done:
Each time data is submitted, information will need to be provided for all applicable months. This means data for previously reported months will need to be updated and/or provided again as appropriate. We will provide further guidance in the coming weeks to specify how this information will be reported to HHSC.