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Public Texas hospitals must now ask what your immigration status is

The executive order signed by Gov. Greg Abbott took effect Nov. 1. Hospitals are required to tell patients care will be provided regardless of their answer.

MIDLAND, Texas — As of Nov. 1, Texas hospitals participating in Medicaid or in the Children's Health Insurance Program will abide by Governor Greg Abbott's Executive Order No. GA-46. 

"In accordance with Executive Order 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...," according to the initial draft to be used by providers to collect data. 

When collecting this information during the hospital's intake process, providers must let people know their responses will not affect patient care, as required by federal law. 

As of Monday, Nov. 4, patients are NOT required to answer providers on what their citizenship status is. According to the current data collection draft, a person's name and personal information will not be submitted. 

NewsWest 9 reached out to the Texas Hospital Association (THA) which represents 85% of the states acute-care hospitals and health care systems. 

The following statement was provided by the THA: 

"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." - Texas Hospital Association

A spokesperson with Medical Center Health System (MCH) also provided the following statement:

“Medical Center Hospital will not and does not turn anyone away based on citizenship status or ability to pay. Everyone receives the same top notch care, no matter their personal circumstances. We are here for this community and surrounding counties. Everyone is welcome at MCH.” - Medical Center Hospital System

A spokesperson with Midland Health said, "An Executive Order issued by the Governor of Texas requires us to ask, 'Are you a US Citizen or lawfully present in the US.' Midland Memorial Hospital is complying as required with the executive order. A patient's response to this question will not affect their medical care and will not be shared with any other entity. "

According to Executive Order GA-46, hospital providers are obligated to report the quarterly costs of care for patients who are not lawfully present in the U.S. to the Texas Health and Human Services. This reporting will begin March 1, 2025. 

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