The NYC Health and Hospital Corp.(HHC), which includes hospitals located at Elmhurst and Jamaica and is associated with Mount Sinai Hospital in Manhattan, will not comply with the Medicare Modernization Act, which requires the gathering of information on undocumented immigrants who come to seek medical treatment.
Not complying with the new U.S. Dept. of Health requirements, which are tied to $1 billion in funds for care of undocumented immigrants over four years, will deprive HHC from receiving its share of the money, $3 to $4 million. The rules, which were to be released on Sept.1, have been delayed due to public pressure.
Community and immigrant rights advocates fear that hospitals will share the information gathered with federal agencies.
In a city of immigrants, the Elmhurst Hospital Center is known for its treatment of immigrants and has decided to do without the funds and not comply with federal requirements for disclosure.
At a press conference on Sept. 10, Democratic Congressman Joseph Crowley, who represents the city’s 7th District, announced the decision on behalf of HHC. Others at the press conference included City Council member Christine Quinn, State Senator John Sabini, Dario Centorcelli, Elmhurst Hospital’s assistant director of external affairs, and representatives of the New York Immigration Coalition.
Crowley said that the hospital could not deny treatment to a patient out of fear that the hospital would be misusing federal funds. “The function of the hospital is to provide medical services for all people,” he said. The hospital could not take on the responsibility of asking the immigration status of any person.
This past fiscal year, HHC spent $900 million to provide treatment for uninsured persons. According to the organization’s estimates, 25 percent of the total expenditure was for treatment of undocumented immigrants.
According to Crowley, the Medicare Modernization Act, which was circulated by Centers for Medicare and Medicaid Services, cannot be implemented, calling it “ridiculous” to demand immigration information from someone in the emergency room. “There’s nothing we can do if the federal government deducts $4 million from the grant,” he added. Furthermore, Crowley questioned the wisdom of vesting power in hospitals to gather immigration information. “We are worried about the consequences of this decision. Many immigrants will not go to the hospital out of fear, which will seriously threaten the maintenance of public health,” he said.
In a letter written to Centers for the Medicare and Medicaid Services by Dr. Benjamin K. Chu on behalf of HHC, he stated that it was impossible for hospital authorities to do anything about immigration.
The new regulations will also affect U.S. citizens born to undocumented immigrant parents. Prenatal care is essential for their future well being. In the New York City area, 85 percent of all immigrant families are made up of both documented and undocumented members.
Crowley and Centorcelli told Bangla Patrika: “We welcome both legal and undocumented patients for treatment in our hospitals. Emergency treatment is a fundamental right of the people. We cannot deprive anyone of this.”
