H.R. 9656: Illegal Alien Patient Reporting Act

This bill would require hospitals that participate in federal health care programs, such as Medicare or Medicaid, to ask patients about their immigration status when they are admitted, register, or otherwise checked in.

In practical terms, the bill would do four main things:

• Require hospitals to ask about immigration status

  Hospitals would have to include a question on admission, registration, or intake forms asking the patient, or the patient’s representative, to state the patient’s immigration status.

• Require a notice about privacy and care

  The form would also have to say that answering the question will not affect the patient’s care. It would also say the information will not be reported to law enforcement unless the patient is suspected of or charged with certain crimes, including some state or local offenses or certain immigration- or federal-law offenses.

• Require additional documentation for some patients

  If a patient says they are a lawful permanent resident, the hospital would have to ask to see documentary proof of that status.

• Require quarterly reporting to federal agencies

  Every quarter, hospitals would have to send the Department of Health and Human Services and the Department of Homeland Security a report showing:

  • how many patients declined to answer;
  • how many patients said they were U.S. citizens or nationals;
  • how many said they were lawful permanent residents, nonimmigrants, or otherwise lawfully present under certain immigration categories;
  • how many said they were not lawfully present in the United States, including whether they were an unaccompanied alien child; and
  • how many said they were lawful permanent residents but did not provide documentary proof.

If a hospital does not follow these requirements, the Secretary of Health and Human Services would have to exclude that hospital from participation in federal health care programs.

The bill would also require HHS to submit an annual report to Congress starting in 2026. That report would combine the hospital data and include information about:

• the cost of uncompensated care for people who are not lawfully present;
• how that uncompensated care affects hospitals’ ability to serve the public and their costs;
• hospital funding needs; and
• any other related information the Secretary requests.

The bill would allow HHS and Homeland Security to issue regulations to carry out these requirements, but the rules could not require hospitals to report patients’ names or other personal identifying information.

Relevant Companies

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