Texas Public Hospitals May Not Provide Preventive Care to Undocumented Immigrants, State AG Determines

Public hospitals in Texas may not provide free or discounted preventive care to undocumented immigrants, according to a legal opinion issued July 10 by state Attorney General John Cornyn, the Houston Chronicle reports. Therefore, the "only legal access" undocumented immigrants have to free or discounted treatment is in emergency rooms, which are required by federal law to screen patients before asking about insurance or immigration status (Brewer, Houston Chronicle, 7/12). Cornyn, who issued the opinion in response to a clarification request by Harris County Hospital District administrators, said that 1996 federal welfare reform prohibits the use of public funds for undocumented residents unless state law has granted authorization. As Texas has not passed such a law, it is illegal for facilities to use tax dollars to provide preventive care for undocumented immigrants, he concluded (Huff, Ft. Worth Star-Telegram, 7/12). The Chronicle reports that some advocates and lawmakers, warning that the decision could "cut the lifeline" to services for many immigrants, say facilities should continue providing care despite the opinion. John Guest, president and CEO of the Harris County Hospital District, said, "I understand the opinion and think it's legally sound, but it sucks as a matter of public policy. This is not a good way for a community to deal with people who live here and who aren't going home anytime soon." He added he would not "halt" services until meeting with lawyers and the district board of managers. Barbara Lashley, directory of advocacy for Christ the Good Shepherd Catholic Community, said, "It's extremely poor public policy. It does not address public health issues and does not address budgetary issues. It's poor medicine for the most money." However, the Chronicle reports the opinion indicates that state lawmakers may "essentially get around federal law by giving districts special permission" to provide preventive care to undocumented immigrants. Rep. Garnet Coleman (D), vice chair of the House Public Health Committee, said he would introduce such a measure when the state Legislature reconvenes in 2003. "I think it could be a one-line bill," he said (Houston Chronicle, 7/12).