The National Council of La Raza (NCLR)
appreciates your efforts to combat the alarming proposal
by the Centers for Medicare & Medicaid Services (CMS),
which requires health care providers to question emergency
room patients about their immigration status. In the last
several weeks, over 1,100 letters were sent to media
outlets nationwide, and many helpful articles and news
pieces were published throughout the country. We are
convinced that public concern played an important role in
CMS's decision to delay the implementation of these
federal documentation requirements until later this month.
The fight is NOT OVER yet. CMS is expected to
finalize a proposal before October 1, 2004. Based on
information provided by CMS, there is still a serious risk
that providers will be required to ask for information
that could directly or indirectly identify a patient's
immigration status, including citizenship status, Social
Security numbers, visas, driver's licenses, and other
documentation. NCLR is very concerned that these questions
will deter immigrants and their children from seeking
emergency room care, and lead to costly aggravated
illness, the undermining of public health, and increased
potential for avoidable deaths. Further, the proposal
increases the potential for racial profiling in the health
care setting and hinders equitable health care for
Latinos.
Now that Members of Congress have returned from August
recess, it is important for them to take action on this
dangerous proposal. Please continue your efforts to stop
this harmful proposal, by writing a letter to your Member
of Congress and the Administration. Please ask them to
stop the Administration from pushing forward this
dangerous proposal. To write a letter, modify the text
below to create your message.
For more background on the proposal, see below:
BACKGROUND
A new law, Section 1011 of the Medicare Modernization Act
of 2003 (MMA), distributes $1 billion over four years to
reimburse health care providers for emergency medical
treatment of undocumented immigrants. In their
interpretation of how to implement this law, the Centers
for Medicare & Medicaid Services issued a draft
proposal requiring providers to ask patients for their
citizenship or naturalization status along with other
identifying information in order to receive compensation
for their care under Section 1011. This compilation of
data would be invasive for any individual seeking
emergency care, but would be particularly alarming to
immigrant patients, who would fear that this information
could be used against them. In addition, there are no
protections that guarantee that this information will not
be used outside of medical settings. NCLR is concerned
that many Latino families will be afraid to seek emergency
room care for themselves and their children, leading to
aggravated illnesses, the spread of contagious diseases,
and preventable deaths. Further, this proposal will likely
lead to racial and ethnic profiling in health care
settings and undermine equitable health care for Latinos.
There is nothing in the law that requires CMS to collect
this information as a means to reimburse providers. There
are other methods that could be used to ensure that
hospitals be reimbursed appropriately. In fact, many
hospitals and providers have been vocal in their concern
for this proposal.
Please write a letter to your Member of Congress asking
them to take action and oppose the implementation of this
proposal as drafted. Use the link below to use our
model letter.
http://capwiz.com/nclr/mail/oneclick_compose/?alertid=6336256 |