Know Your Rights After November 1, 2024 Texas Executive Order on Hospital Reporting
The following guidelines will help ensure you receive the care you need and know your rights despite new reporting requirements for hospitals in Texas.
- No Obligation to Disclose Status: Hospitals, as businesses, are required to report medical care provided to undocumented patients, but you, as a patient, are not required to answer questions about your immigration status. Refusing to respond is not a crime.
- Medical Care Cannot Be Interrupted: According to the Texas Medical Association, your medical care cannot be stopped or denied simply because you choose not to disclose your immigration status.
- Emergency Medical Rights Under Federal Law: The Federal Emergency Medical Treatment and Labor Act (EMTALA) requires hospitals to provide care in emergencies to anyone in need, regardless of immigration status. This federal law protects you and overrides any state executive orders.
- Seek Help When Needed: Don’t hesitate to seek medical care if you or a family member is unwell. This order does not change your right to receive care during emergencies.
- Political Impact on Communities: This executive order may be seen as a political action targeting immigrant communities. However, it cannot legally override federal laws protecting patients’ rights in emergency rooms.
- Contributing Taxpayer: If you are Hispanic or undocumented, remember that you contribute taxes, which help support hospitals. You are not receiving free care; tax dollars fund these institutions for everyone.
- Follow Standard Hospital Protocols: Abide by the regular rules and guidelines that apply to any patient, but do not let this order lead you to believe you have fewer rights—that is false.
- Remember: Federal law is intended to ensure that medical emergency care is universally accessible to protect public health.
- Report Care Denial: If you have any questions or need help filing a civil rights or health information privacy complaint, email the Office of Civil Rights at OCRMail@hhs.gov
Or call the U.S. Department of Health and Human Services, Office for Civil Rights toll-free at 1-800-368-1019, TDD: 1-800-537-7697.