Beginning on July 1, 2023, Fisher & Phillips reported that any hospital in Florida that accepts Medicaid will need to ask all patients whether they are a U.S. citizen, lawfully present in the country or not lawfully present. The hospital representative must explain to the patient that his/her response will not affect patient care or result in a report to immigration authorities.
In addition, each hospital must submit a quarterly report to the state within 30 days after the end of each quarter, reporting the number of hospital admissions or ER visits and patients’ responses to the question – or whether they declined to answer. Of note is that the reported information may not include patient names or any personal identifying information.
The Florida Agency for Health Care Administration (AHCA) will compile details from across the state and report these figures to the Governor and lawmakers on an annual basis. The report must also include information about the costs of uncompensated care and its impact on hospitals’ ability to provide services to the community.