Texas Attorney General Abbott has issued an opinion concluding that section 285.201 of the Texas Health and Safety Code permits, but does not require, a hospital district to provide nonemergency public health services to undocumented aliens. The opinion was written in response to a request from Senator Jane Nelson to clarify the effect of section 285.201, which was recently enacted as part of the 78th legislative session and took effect on September 1, 2003. Federal law prohibits an undocumented alien from receiving nonemergency public health services unless a State law provides for such an exception. Such an exception was created when Section 285.201 was enacted and affirmatively established eligibility for nonemergency public health benefits for undocumented aliens provided that only local funds could be utilized to provide the benefits. Senator Nelson requested the ruling because there had been confusion over whether the provision required, or merely permitted, hospital districts to provide such services. The opinion makes clear that a hospital district may, but is not required, to provide nonemergency public health services to undocumented persons. The Attorney General's opinion can be viewed at: http://www.oag.state.tx.us/opinions/op50abbott/ga-0219.htm.
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