Olcott Bill Puts A Citizenship Question On Hospital Intake Forms

The text as introduced · 569 words

89R9308 SCF-D

By: Olcott
H.B. No. 2587

A BILL TO BE ENTITLED

AN ACT

relating to an annual report on certain uncompensated hospital care

costs.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter G, Chapter 525, Government Code, as

effective April 1, 2025, is amended by adding Section 525.0304 to

read as follows:

Sec. 525.0304. ANNUAL REPORT ON UNCOMPENSATED HOSPITAL CARE

PROVIDED TO PERSONS NOT LAWFULLY PRESENT. (a) In this section:

(1) "Person not lawfully present" means a person who

is not:

(A) a citizen or national of the United States;

or

(B) an alien who is lawfully admitted for

permanent residence in the United States under the federal

Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.) or

authorized to be employed by that Act or the United States attorney

general.

(2) "Uncompensated hospital care" means health care

services provided by a hospital to a patient for which the hospital

does not receive payment in full for those services.

(b) Not later than November 1 of each year, the commission

shall prepare and submit to the governor and the legislature a

written report for the preceding state fiscal year on:

(1) the cost of uncompensated hospital care incurred

by hospitals in this state to provide health care services to

patients who were persons not lawfully present at the time health

care services were provided to those patients; and

(2) the impact that incurring the costs described by

Subdivision (1) had on those hospitals.

(c) For purposes of preparing the report required by

Subsection (b), the executive commissioner by rule shall require

each hospital in this state that provides uncompensated hospital

care to:

(1) include on the hospital's patient intake form:

(A) a question regarding the patient's

citizenship or immigration status; and

(B) a statement that the patient's response to

that question will not affect any health care service provided to

the patient; and

(2) quarterly submit to the commission in the manner

and format prescribed by the commission a written report on:

(A) the number of patients who received health

care services from the hospital during the preceding quarter who

were persons not lawfully present at the time the hospital provided

health care services to the patients;

(B) the total cost of uncompensated hospital care

incurred by the hospital as a result of providing health care

services to the patients who were persons not lawfully present at

the time the hospital provided health care services to the

patients; and

(C) the impact on the hospital of providing

uncompensated hospital care to patients who were persons not

lawfully present at the time the hospital provided health care

services to the patients.

(d) A patient's response to the question described by

Subsection (c)(1)(A) may not affect the health care services

provided to the patient.

(e) The commission shall ensure the reports required under

this section do not include any personal identifying information.

SECTION 2. (a) As soon as practicable after the effective

date of this Act, the executive commissioner of the Health and Human

Services Commission shall adopt the rules required by Section

525.0304, Government Code, as added by this Act.

(b) Notwithstanding Section 525.0304, Government Code, as

added by this Act, the Health and Human Services Commission is not

required to submit the initial report required by that section

until November 1, 2027.

SECTION 3. This Act takes effect September 1, 2025.