Amid broader concerns about immigration enforcement in previously protected areas such as hospitals, Attorney General Andrea Campbell has issued new guidance to health care providers in Massachusetts, reassuring them of patient rights to privacy and immigrants’ ability to access care.
The information is the latest approach the state and health systems have taken to try to ease fears, two weeks after members of the Trump administration rescinded guidelines that had thwarted immigration enforcement in or near “sensitive areas,” including hospitals, schools, and churches. They want to make clear that health care systems should still provide services and protect the health information of their patients, regardless of immigration status.
“Care delayed is care denied,” said Michael Curry, chief executive of the Massachusetts League of Community Health Centers, which represents 50 community health care centers across the state. “We want patients to know ultimately we have the preventative care you need, we want you to have timely access to treating your disease or illness … and to live a healthy, productive life. That requires that you have continued access to your health care provider and we are still here to meet those needs. That hasn’t changed.”
Amid broader concerns about immigration enforcement in previously protected areas such as hospitals, Attorney General Andrea Campbell has issued new guidance to health care providers in Massachusetts, reassuring them of patient rights to privacy and immigrants’ ability to access care.
The information is the latest approach the state and health systems have taken to try to ease fears, two weeks after members of the Trump administration rescinded guidelines that had thwarted immigration enforcement in or near “sensitive areas,” including hospitals, schools, and churches. They want to make clear that health care systems should still provide services and protect the health information of their patients, regardless of immigration status.
“Care delayed is care denied,” said Michael Curry, chief executive of the Massachusetts League of Community Health Centers, which represents 50 community health care centers across the state. “We want patients to know ultimately we have the preventative care you need, we want you to have timely access to treating your disease or illness … and to live a healthy, productive life. That requires that you have continued access to your health care provider and we are still here to meet those needs. That hasn’t changed.”
Curry said while there have not been raids at community health centers in Massachusetts, there have been in other parts of the country. ICE has additionally posted higher numbers of immigration arrests and detentions, though the numbers lack historically included contextual data that would help verify their accuracy.
The directive, rhetoric, and actions have raised several questions for health care providers, who now face the prospect of immigration officers coming through their front doors.
“Of course, the confusion health care providers are experiencing is exponentially greater for patients, who receive the news and don’t have contacts or attorneys,” Curry said. “There is a chilling effect that this federal policy shift is having, where if a patient is a member of a family and whether they are documented or not, it is causing whole families to forgo getting care and coming in for services.”
Amy Rosenthal, executive director of patient advocacy organization Health Care For All, said her organization’s patient helpline had received dozens of calls in the last two weeks from people worried about seeking care or bringing their children to the doctor.
“One of our helpline counselors had three calls in one day, all in the same language line. People who are scared, worried,” she said. “They are asking about whether they can get health care, we’re trying to be as appropriately reassuring as we can be. They are just worried. There is heightened anxiety and a level of nervousness.”
Campbell’s guidance recognizes the changed landscape but seeks to reassure providers and patients of their rights, including suggesting questions health providers can ask if immigration officers come to offices or hospitals, and the types of documentation law enforcement must show to gain access to a facility.
“It is important to note that no executive action has prohibited (or could prohibit) healthcare providers from continuing to provide services to all residents, regardless of immigration status, and from protecting the privacy of their patients as required by law,” the guidance states.
Among the recommendations: designating private areas within the facility that are closed to the public and requiring all visitors, including law enforcement, to sign in. The guidance also suggests health care staff inform officers that they are not attempting to obstruct their actions, but that they need to contact the appropriate point people before they can be provided access to the facility.
Typically, health care systems do not track immigration status of their patients. And while applicants in the state’s online health insurance marketplace must disclose their immigration status, the directive says that such information will not be shared with immigration enforcement agencies.
Health care providers can also educate patients about their legal rights, the guidance states.
Alongside the guidance, health systems, medical professionals, and clinics say they remain committed to serving patients regardless of their immigration standing.
Boston Children’s Hospital said their policies remain unchanged, and if immigration officials arrived, security and hospital attorneys would be called in to assist.
Similarly, UMass Memorial Health said its employees have been provided with guidance on what to do if Immigration and Customs Enforcement enters medical facilities, including directives to request proper documentation from the agent and then contact the system’s office of general counsel.
Brown University Health, which owns Saint Anne’s Hospital in Fall River and Morton Hospital in Taunton, said it is in the process of educating frontline staff so they can readily identify administrative and judicial warrants presented by ICE agents and the scope of each.
“We remain committed to ensuring that patient care and privacy are prioritized within all applicable laws,” a spokesperson said in a statement.
Rosenthal, with Health Care for All, said it was not surprising that health systems in Massachusetts were committed to ensuring access, given the state’s culture of coverage and ongoing focus on health care access.
“This will be an iterative process and we will need to continue to do the Massachusetts way — having to work together to make sure people are getting the health care they need,” she said.
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