Texas Advocates Urge Lawmakers To Allow Hospitals To Provide Non-Emergency Care to Undocumented Immigrants

The Allied Communities of Tarrant and other health advocates in Tarrant County, Texas, are lobbying state lawmakers to "clear up" what they say is a "legal mess" that prevents undocumented residents from receiving publicly funded primary care, the Ft. Worth Star-Telegram reports (Woodson, Ft. Worth Star Telegram, 6/23). The 1996 Personal Responsibility and Work Opportunity Reconciliation Act (national welfare reform) allows public hospitals to provide only emergency services, immunizations, treatment of communicable diseases and care for child abuse to undocumented immigrants (Kaiser Daily Health Policy Report, 8/24/01). States may "bypass" the welfare law prohibition only if they pass a law authorizing hospitals to provide such care. Last July, Texas Attorney General John Cornyn (R) cited the law in issuing an opinion supporting JPS Health Network's decision to stop providing non-emergency treatment to undocumented immigrants using state funds. But during a rally in Tarrant last weekend, retired physician Peter Gaupp said, "Not providing primary health care to noncitizens is not only barbaric, it is also immoral, very poor public policy and an incredible waste of people and our tax money." JPS Health Network would "prefer" to treat undocumented immigrants in a primary care setting rather than in emergency rooms, Tom Roy, the network's director of government relations, said, but he added that the system "cannot take a position contrary to state law." Advocates also said they oppose any efforts to curtail enrollment and coverage under the state's CHIP program, which is facing a projected $20 million shortfall over the next two years (Ft. Worth Star-Telegram, 6/23).