Two Texas Counties Question AG’s Legal Opinion On Non-Emergency Care for Undocumented Immigrants

Officials for the Texas hospital districts of Harris and Montgomery counties are "questioning" a state legal opinion effectively banning hospitals from providing non-emergency medical care to undocumented immigrants, the Houston Chronicle reports (Rice, Houston Chronicle, 8/23). In July, Texas Attorney General John Cornyn 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 federal law with legislation, he said that "no such law exists" in Texas. After Cornyn issued the opinion, Harris County Attorney General Charles Rosenthal launched a criminal investigation (Kaiser Daily Health Policy Report, 7/31). While saying that Rosenthal's investigation will not result in any charges, Harris County hospitals officials also said Cornyn's opinion is "flawed and ignores" the opinions of previous attorneys general. The hospital officials are in talks with the county attorney, who is drafting an opinion that refutes the state's (Houston Chronicle, 8/23). In Montgomery County, hospital officials have drafted a letter to be sent to Cornyn that requests that he "clarify and reconsider his opinion." Because of the "doubt" surrounding his opinion, the hospital officials say the district is "caught" trying to both meet federal requirements to service the "neediest" patients while continuing to obey Texas law. While Harris County is mounting a legal challenge to Cornyn's opinion, Montgomery County official have "no plans" to follow suit (Brewer, Houston Chronicle, 8/23). For further information on state health policy in Texas, visit State Health Facts Online.