Arizona hospitals would have to ask about immigration status under bill that passed the House

A measure that would require hospitals to track whether patients are U.S. citizens or not is nearing final action at the Capitol.

The state House on Monday passed SB 1268, which would require hospitals that receive AHCCCS funds to ask patients if they are in the country illegally.

The hospitals would then have to write quarterly reports with that data and send them to the state’s Department of Health Services. The data would eventually be shared with the governor and lawmakers.

Supporters say the measure is about tracking health care costs picked up by taxpayers. But opponents say it would result in migrants potentially not seeking treatment.

“This bill can create a public health crisis for us if people are not getting the services that they need in a hospital," Democratic Rep. Betty Villegas said.

The bill now goes back to the Senate.

"They should stay in their own country if they want to have care,'' said bill sponsor Sen. Wendy Rogers, a Republican, during a committee hearing.

Rogers said the bill is simply designed to create a report for the governor and legislators of the cost of the care provided.

This generally speaking isn't for care paid for by AHCCCS, the state's Medicaid program. Those not here legally are not entitled to coverage except in narrow circumstances like emergency situations.

Instead, it would track uncompensated care provided by hospitals.

But Sen. Catherine Miranda said she was not reassured that this was simply a data-gathering operation.

"How can we be assured that this information won't be used for nefarious reasons?'' asked the Laveen Democrat.

Rogers took offense to the question.

"The word 'nefarious' is being applied to the consequences instead of the initial act of illegality,'' she said. "I would say that's kind of a specious premise.''

The legislation is not occurring in a vacuum. Rogers said her measure is modeled after a similar law that Florida enacted in 2023.