Illegal Alien Patient Reporting Act
- Sponsor
- Rep. Roy, Chip [R-TX-21]
- Committees
- Ways and Means Committee (primary)
- Last action
- Jul 13, 2026
Bottom line
The bill establishes a new federal requirement for hospitals to collect and report patient immigration status data, linking compliance to participation in federal health care programs.
What it actually does
This bill mandates that all hospitals participating in Federal health care programs must collect and report patient immigration status information. Hospitals would be required to include a question about immigration status on intake forms, request documentary evidence for lawful permanent residents, and submit quarterly aggregate reports to the Secretaries of Health and Human Services and Homeland Security. Failure to comply would result in exclusion from Federal health care programs.
Proponents argue
Proponents argue this bill is necessary to understand the financial burden of uncompensated care provided to individuals not lawfully present in the United States. They contend that collecting this data will provide transparency, inform policy decisions regarding healthcare funding, and help allocate resources more effectively to hospitals facing significant costs. They also emphasize that the bill explicitly states patient care will not be affected by the response, except in specific criminal offense cases.
Opponents contend
Opponents argue that requiring hospitals to collect immigration status information could deter vulnerable populations, including those lawfully present, from seeking necessary medical care due to fear of deportation or discrimination. They contend it could create an administrative burden for hospitals, compromise patient trust, and potentially lead to racial profiling or unequal treatment, undermining public health efforts.
The bill is short and relatively easy to read, allowing for a quick understanding of its core provisions.
Section 2, amending Part A of title XI of the Social Security Act by inserting new section 1128L(a).
Mandatory Compliance for Federal Program Participation
This provision states that any hospital failing to meet the new immigration status reporting requirements will be excluded from participating in all Federal health care programs. This means hospitals must comply with the data collection and reporting mandates to continue receiving federal funding through programs like Medicare and Medicaid.
Supporters argue
Supporters argue this strong enforcement mechanism is necessary to ensure compliance and achieve the bill's objective of collecting comprehensive data on immigration status in healthcare settings. Without a clear penalty, hospitals might not prioritize the new reporting requirements.
Critics contend
Critics contend that linking federal program participation to immigration status reporting places an undue burden on hospitals and could force them to choose between essential federal funding and maintaining patient trust, especially for vulnerable populations.
Tradeoffs
This provision balances the desire for comprehensive data collection with the potential administrative and ethical challenges faced by healthcare providers.
Section 2, amending Part A of title XI of the Social Security Act by inserting new section 1128L(b)(1).
Patient Immigration Status Inquiry
This provision requires hospitals to add a question about a patient's immigration status to all admission, registration, or other intake forms. Immediately following this request, hospitals must include a statement assuring patients that their response will not affect care or lead to law enforcement reporting, unless the patient is an alien suspected or charged with certain criminal offenses.
Section 2, amending Part A of title XI of the Social Security Act by inserting new section 1128L(b)(2).
Verification of Lawful Permanent Resident Status
If a patient indicates on the intake form that they are a lawful permanent resident, the hospital is required to request and review documentary evidence of this status. This adds a layer of verification for a specific immigration category.
Section 2, amending Part A of title XI of the Social Security Act by inserting new section 1128L(b)(3).
Quarterly Immigration Status Data Reports
Hospitals must submit quarterly reports to the Secretaries of Health and Human Services (HHS) and Homeland Security (DHS). These reports will include aggregated numbers of patients based on their immigration status responses (or non-responses), and the number of LPRs who failed to provide documentary evidence. No patient names or personal identifying information are to be included.
Section 2, amending Part A of title XI of the Social Security Act by inserting new section 1128L(c).
Congressional Report on Uncompensated Care Costs
Beginning October 1, 2026, the Secretary of HHS must submit an annual report to Congress. This report will aggregate the immigration status data collected from hospitals and include information on the costs of uncompensated care for individuals not lawfully present, the impact of such care on hospitals, hospitals' funding needs, and other related information.