Survey Shows Most Texans Not in Favor of Preventive Care for Undocumented Immigrants, While Legal Battle Continues
The majority of Texans believe hospitals should not provide nonemergency care to undocumented immigrants, according to a new statewide survey, the Dallas Morning News reports. In a Scripps Howard Data Center telephone poll of 1,000 Texans conducted between Aug. 9 and 28, 54% of respondents said hospitals should not provide free preventive care to undocumented immigrants, while 39% said hospitals should provide the care and 7% "didn't know." The poll, which has a +/- 3 percentage point margin of error, was prompted by continuing controversy regarding whether the state's county hospital districts should provide nonemergency care to undocumented immigrants (Rodriguez, Dallas Morning News, 9/10). In early July, 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 (Kaiser Daily Health Policy Report, 7/31).
Legal Debate Continues
Meanwhile, Harris County Attorney Mike Stafford last week issued a legal opinion stating that Harris County Hospital District can continue providing free nonemergency care to undocumented immigrants without breaking federal law, the Houston Chronicle reports. Contradicting Cornyn's legal opinion, Stafford said that a 1999 amendment to the state constitution gives hospital districts "full responsibility for providing medical and hospital care to needy inhabitants of the county," allowing hospitals to provide nonemergency care to undocumented immigrants without "fear of prosecution." However, according to the Chronicle, Stafford's opinion "fails to resolve" the "central issue" of whether hospitals should continue to provide care, thereby risking criminal prosecution by District Attorney Chuck Rosenthal, who is conducting a criminal investigation into Harris County's policy toward undocumented immigrants. While Harris County Hospital Board president Larry Finder called Stafford's opinion "well reasoned," he said the members of the district's board wait until the Rosenthal investigation concludes to determine a plan of action. The Chronicle reports that Stafford may seek a court ruling to clarify the situation (Brewer, Houston Chronicle, 9/6). The Morning News reports that Bexar County Hospital District in San Antonio, Thomason General Hospital in El Paso and Dallas County Hospital District are continuing to provide nonemergency care to undocumented immigrants (Rodriguez, Dallas Morning News, 9/10). For further information on state health policy in Texas, visit State Health Facts Online.