GA-46

On August 8, 2024, Texas Governor, Greg Abbott, issued an executive order numbered GA-46 that essentially directs hospitals to collect information- including the number of inpatient discharges, number of emergency visits, and costs associated with the care provided to “patients who are not lawfully present in the United States” beginning on November 1, 2024. 

This data must be reported to various government entities beginning no later than March 1, 2025.

One thing the order makes clear is that YOUR CARE MUST NOT BE AFFECTED by any answer you give in response to a question regarding your lawful presence in the United States and the hospitals must remind you of this fact. 

Although the order requires hospitals to ask you for this information, it DOES NOT require you to answer.   

The executive order directs the Health and Human Services Commission to, in turn, direct “hospitals” to collect this information and clarifies that the term “hospitals” includes “acute care hospitals enrolled in Medicaid or CHIP and any additional providers identified by the Health and Human Services Commission”.

The Health and Human Services Commission has issued guidance related to this order and has used the term “hospital providers” in its guidance.  A definition of “hospital providers” has not been offered by the HHSC to clarify whether it has expanded the covered entities or not. 

Right to Receive Emergency Care 

Nothing about this order or any other law or regulation restricts your right to access emergency medical care and you should NOT let this order make you afraid to go to the hospital if you or your family needs emergency health services.   

YOU HAVE THE RIGHT TO RECEIVE EMERGENCY CARE REGARDLESS OF YOUR IMMIGRATION STATUS. 

Decline to Answer 

If you’re asked about your immigration status or lawful presence in the United States, one thing you can do is tell the hospital provider that you “decline to answer” questions about your immigration status. 

Request an Interpreter 

If you have concerns about your ability to assert your rights in English or participate meaningfully in decisions about your care in English, you should request an interpreter fluent in your native language.   

 For more community resources visit our Decline to Answer Texas LinkTree