Arizona Bill Requires Hospitals to Ask Patients About Immigration Status

State lawmakers voted to require hospitals to ask about patients' legal status, sparking debate over healthcare access.
State lawmakers want to require hospitals to ask about immigration status

Arizona Legislators Vote on Hospital Inquiry Bill: A Step Toward Transparency or a Barrier to Healthcare?

In a move that has stirred significant debate, Arizona lawmakers have advanced a bill requiring hospitals to ask patients about their citizenship status. This decision, which has prompted concerns over potential deterrence of medical care, is backed by Sen. Wendy Rogers, who introduced the legislation.

“They should stay in their own country if they want to have care,” Rogers stated during a committee hearing, underscoring the bill’s contentious nature.

The legislative proposal, SB 1268, passed the House with a 32-25 vote and now awaits the decision of Gov. Katie Hobbs. While the bill does not explicitly tie healthcare access to a patient’s legal status, it mandates that hospitals accepting Medicaid inquire whether patients are citizens, lawfully present, or unlawfully present. The legislation assures that responses will not affect the care provided or be reported to immigration authorities.

According to Rogers, the primary aim of SB 1268 is to compile a report for the governor and legislators detailing the costs associated with care provided to patients without legal status. This initiative is not intended to affect care covered by the Arizona Health Care Cost Containment System (AHCCCS), the state’s Medicaid program, which only covers emergency care for individuals not legally present.

Sen. Catherine Miranda, however, expressed skepticism over the bill’s purported purpose of data collection. “How can we be assured that this information won’t be used for nefarious reasons?” asked Miranda. Rogers dismissed these concerns, calling them unfounded.

SB 1268 mirrors a similar law enacted in Florida in 2023. Rep. Sarah Liguori noted the Florida law’s impact, suggesting it has influenced migration patterns and labor laws in the state.

The timing of this legislation is notable, as it follows an incident involving a Mexican migrant in Tucson who was detained by immigration officers after a hospital visit—a situation that has fueled fears of potential deportations linked to hospital inquiries.

Supporters of the measure, like Rep. Selina Bliss, argue that healthcare providers remain unaffected by the law. Bliss, a nurse, emphasized that medical professionals do not engage in inquiries about patient citizenship status as part of their direct care responsibilities.

Nonetheless, opponents contend that the mere act of requiring such questions could have chilling effects on individuals seeking medical assistance. “We have people who are scared to go seek medical care,” commented Sen. Alma Hernandez.

Rep. Nick Kupper sought to alleviate concerns, highlighting that the bill’s language ensures that the information collected cannot be reported to immigration officials. However, Rep. Mariana Sandoval voiced doubts about these assurances, citing past breaches of confidentiality.

The potential impact on families, particularly those with mixed legal statuses, is a significant concern. Rep. Nancy Gutierrez shared insights from her community, where previous similar measures led families to avoid medical care due to deportation fears.

As the debate continues, voices like Rep. Lorena Austin’s emphasize the broader implications for healthcare access. “Call me crazy,” Austin said, “But I believe healthcare is a human right.”

Marilyn Rodriguez, representing Planned Parenthood Advocates, further argued that public health considerations extend beyond individual impacts. “As COVID 19 and the current flu epidemic make clear, your health and safety impacts my health and safety,” she stated.

Despite these concerns, Sen. Rogers remains steadfast that the bill is purely about data collection, dismissing any fallout as beyond the scope of her responsibilities.


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