Abbott warns Texas Children's Hospital: comply with immigration order or lose funding

A Texas Children's Hospital cardiologist was chastised by Gov. Greg Abbott after he posted a TikTok video advising potential patients that they don't have to comply with an executive order he issued. After Abbott weighed in saying entities that don't comply risk losing funding, the hospital issued a statement supporting the order.

At issue is an executive order issued in August in which Abbott directed the Texas Health and Human Services Commission to collect information on illegal foreign nationals who receive inpatient and emergency care at Texas public hospitals. It also requires HHSC to annually report all inpatient and emergency care costs incurred for illegal foreign nationals to the governor and state legislature in order for the state to seek reimbursement from the federal government.

Dr. Tony Pastor, assistant professor and cardiologist at Texas Children's Hospital, posted a video on Tiktok, which has since been taken down, claiming that medical staff "were told today that people do not actually have to answer the question." He also said, his "proposal to everyone who's seeing this is, just know that you do not have to answer this question."

He also added, "wouldn't it be amazing if everyone who comes in doesn't answer it, and it really messes with the data that they're looking for?"

Pastor, who describes himself as "a gay doctor," said in a Nov. 22 video, according to an archive online, that "Governor Abbott has this new decree that after November 1, any patient who comes to a hospital has to click a box, basically, that's on the intake form, that says, 'Are you a U.S. citizen, or are you not a U.S. citizen?'… It has made all of us, physicians and providers, super uncomfortable. No one has told us what people are going to do with this information," adding a concern that the data could be used for deportation purposes.

The order specifically directs hospitals to inform patients that federal law mandates that any response to such questions will not affect their medical care.

In response, Gov. Abbott replied on X, stating, "Hey Texas Children's Hospital & Baylor College of Medicine, this doctor is putting your Medicaid and Medicare funding at risk. You better think twice & have crystal clear records. There will be consequences for failing to follow the law in the Executive Order."

Abbott issued the order in August, blaming the Biden administration for the border crisis increasing taxpayer costs, including healthcare costs. "Texans should not have to shoulder the burden of financially supporting medical care for illegal immigrants," he said. He also said that the federal government should reimburse Texas for costs associated with illegal immigration.

"The federal government may and should be obligated to reimburse the state of Texas for the costs that its open border policies have imposed on Texans, costs of which the state had no notice and which it could not have anticipated when agreeing to shared health funding mechanisms on the premise that the federal government would follow federal laws," he said.

Abbott's order cites a disaster proclamation he issued on May 31, 2021, due to the surge of illegal border crossers in Texas who "posed and the ongoing and imminent threat of disaster for a number of Texas counties and for all state agencies affected by this disaster."

The order directs acute care hospitals enrolled in Medicaid or the Children's Health Insurance Program and any additional providers identified by HHSC to collect required information beginning Nov. 1, 2024.

It also directs covered hospitals to report the required data to HHSC quarterly, with initial submissions due March 1, 2025; and to report required data annually beginning Jan. 1, 2026, to the governor and heads of the state legislature.

In response to Abbot's remarks, Texas Children's issued a statement saying doctors' personal views don't represent the hospital and that it was complying.

"Texas Children's fully supports Governor Abbott's new Executive Order and is in full compliance," it said. "We have worked closely with the Texas Hospital Association and our industry partners across the state to ensure compliance in advance of the effective date. While we recognize that individuals working at Texas Children's hold their own personal views on many topics, those opinions do not necessarily reflect the official position of Texas Children's Hospital. We will continue to prioritize patient care while ensuring we are in full compliance with all laws and legal directives."

The order was issued after the greatest number of illegal border crossers, roughly 14 million, were reported in U.S. history under the Biden administration, The Center Square reported.