Legal Experts Urge Immigrants To Seek Healthcare Despite Texas Order On Immigration Status

Legal experts have urged immigrants to continue seeking medical care without fear, despite Governor Greg Abbott's order for hospitals to collect patients' immigration status.

Abbott issued an executive order on Aug. 8, mandating Texas public hospitals to collect and report patients' immigration status. He explained that this order was meant to help the state get reimbursed by the federal government, Spectrum News reported.

However, there were concerns that immigrants might avoid seeking health care because of the fear of being deported.

Advocates, though, advise that immigrants should still seek medical care when needed.

Gavino Fernandez, a member of El Concilio Mexican-American Landowners of East Austin, explained that the area, where he lived, had a large Hispanic community. He added some of his neighbors were worried after Abbott issued an order requiring public hospitals to record and report patients' immigration status.

"They're going to fear being reported or deported by declaring their status just to receive health care."

Some legal experts believe that Abbott's order breaks HIPAA rules on protecting patient health information. However, if the order remains, immigration attorneys still encourage immigrants to keep seeking medical care.

Austin-based immigration lawyer Kate Lincoln-Goldfinch said, "Do not be concerned that your private health information is going to be shared on an individual basis with a government entity that is not permitted under law to the extent this is even allowed by law."

He added, "If it is, they will be looking at aggregate data and numbers as opposed to individual health information."

The Texas Hospital Association, on the other hand, noted that "hospitals don't ask about patient immigration status as a condition of treatment. Hospitals are required by law to provide life-saving treatment to anyone, regardless of ability to pay or status."

Abbott defended the order by saying that Texans shouldn't have to pay for the medical care of undocumented immigrants. However, records show that the federal government already covers a little more than two-thirds of the cost to reimburse hospitals for those who qualify for emergency Medicaid, with Texas covering the rest.

Texas is also one of only 10 states that haven't expanded Medicaid. Abbott said he was concerned about Vice President Kamala Harris' immigration plan, adding, "Open border policies, giving free health care to illegal immigrants, the ideas and policies that Kamala Harris stands for would destroy the United States of America."

As per Abbott's order, hospitals will need to start tracking data in November and submit a report by March 2025.