Harris County, Texas Hospital District Criticizes State Legal Opinion, Says Law Allows Care for Undocumented Immigrants

Attorneys for the Harris County Hospital District have filed legal briefs with Texas District Attorney Chuck Rosenthal -- who is investigating the hospital district for providing free care to undocumented immigrants in violation of federal law -- saying the legal opinion that his investigation is based on "misread federal and state law," the Houston Chronicle reports (Brewer, Houston Chronicle, 8/13). Last month, Texas Attorney General John Cornyn (R) issued a legal opinion that said the 1996 Personal Responsibility and Work Opportunity Reconciliation Act (national welfare reform) prohibits public hospitals from providing health services -- except emergency room care, immunizations, treatment of communicable diseases and care for child abuse -- to undocumented immigrants. Although Cornyn said that states may bypass the law with legislation, he said that "no such law exists" in Texas. After Cornyn issued the opinion, the Young Conservatives of Texas filed a complaint against Harris County's hospital district for continuing to provide care with Rosenthal, who in turn launched a criminal investigation (Kaiser Daily Health Policy Report, 7/31). In their brief, Rusty Hardin and Joel Androphy, lawyers representing the hospital district officials, say that federal law allows the hospital district to provide free care to undocumented immigrants "without fear of criminal prosecution."

Refuting the AG
In rebutting Cornyn's opinion, the lawyers said the 1996 welfare law does not "prohibit" governments from providing care, but rather says they "cannot be compelled" to offer it without legislation. Also, the federal law could be used, but does not require, district officials to "legally discriminate against undocumented immigrants." The brief also states that the hospital district officials cannot be tried under state law in this case, because such a case would rely on a violation of the federal law - a violation that did not occur, according to the lawyers. The lawyers also point to Texas health codes, which allow hospital districts to change policies on providing care only after holding public hearings. Also, the lawyers argue, the state Constitution says hospital districts have "full responsibility for providing medical and hospital care to needy inhabitants of the county." Androphy said that "needy inhabitants" includes undocumented immigrants. He added that in drafting his opinion, Cornyn "ignored legal opinions" by former state attorneys general Dan Morales, Jim Mattox and John Hill. "[Cornyn] does reference some (of the other opinions), but he doesn't reference them in context, in a way that would let everyone know that his predecessors took a different approach," Androphy said. He added, "Not only does that highlight his own political agenda, but he cleverly sidesteps what prior attorneys general have decided." Cornyn's office has not responded to the briefs, while Rosenthal said his investigation would continue "while he reviewed the briefs" (Houston Chronicle, 8/13).