Can Virginia Hospitals Share Your Immigration Status?
A late-night trip to the emergency room is stressful for anyone, but for many immigrants across Virginia, the fear can go much deeper. Non-citizens often worry that a trip to the ER will expose their immigration status or that hospital staff will contact ICE. Particularly now, when ICE is actively seeking non-citizens across the nation, it can be an anxiety-inducing experience to go to the emergency room for medical treatment.
Fortunately, the rules are clearer than you might think. Virginia hospitals are required to treat you, and strict federal privacy laws prevent them from reporting immigration status in almost every situation. There are some narrow exceptions that every non-citizen should be aware of. If you are unsure about whether your situation might fit one of those exceptions, speaking to an experienced Reston, VA immigration lawyer can be beneficial.
Are Virginia Hospitals Allowed to Ask About Immigration Status?
The federal Emergency Medical Treatment and Active Labor Act (EMTALA) rules require ERs to provide stabilizing care to everyone, regardless of ability to pay, insurance type, or legal status. Most ERs will only ask for basic identification or insurance information after the emergency has passed, and even then, a patient can decline to answer any questions unrelated to medical care.
This is not to say that hospital staff might not have status indicators, such as issues with ID, insurance, or language. Hospitals are generally not allowed to disclose to ICE or law enforcement a patient’s immigration status, address, contact information, medical condition, or any other detail that could identify the individual as a patient. ICE and CBP do not have broad authority to demand hospital records except under very limited circumstances.
HIPAA’s Limited Exceptions – and Why They Rarely Apply to ICE
Certain exceptions could allow disclosure of a patient’s status or other information. HIPAA has strong protections against immigration-related disclosures, protecting all "individually identifiable health information. If immigration status appears anywhere in a patient’s medical record, it is protected under HIPAA. Exceptions to HIPAA could include:
- Prevention of an immediate threat
- A valid court order or judicial warrant
- Law enforcement investigation of a patient who is a suspect or fugitive
- Law enforcement investigation of reports of a gunshot or stab wounds, as required by Virginia law
- Public health reporting of an infectious disease (mandatory reporting, but immigration status is not required)
- Child abuse or neglect (mandatory reporting, but immigration status is not required)
Routine ICE investigations do not fall under these parameters, and an ICE administrative subpoena does not automatically override HIPAA protections.
How Could Non-HIPAA Information Leak at an ER?
Some information that is collected during an ER visit is not protected under HIPAA. Hospital visitor logs, security camera footage, and parking lot incident reports are not protected under HIPAA. Payment and financial data handled by third parties, as well as demographic data held outside the medical record, are also not HIPAA-protected. Law enforcement may have "encounters" with non-citizen patients in the ER through a domestic violence or DUI case, but immigration status must not come from the hospital. There is also a distinction between what police can directly see and what hospital staff are allowed to disclose.
Hospital staff may only disclose whether an individual is receiving treatment, whether the patient is stable or deceased, and the location of the patient within the facility. Staff may not share immigration-related details with law enforcement, absent a lawful exception. If asked about immigration status while in the ER, the non-citizen should clarify what questions relate to medical care and can decline to answer non-medical status questions. The non-citizen can also ask for a privacy officer and inquire whether the request is required by law.
Contact a Prince William County, VA Immigration Attorney
If you have questions regarding how a Virginia hospital handled your information or if you fear an ER visit could impact your immigration status, you need a strong legal advocate. A Reston, VA family immigration lawyer from The Estevez Group, PC is ready to explain your rights and guide you through your options. Attorney Estevez wants to help people in crisis. She is caring, available 24/7, and is fluent in Spanish and Portuguese. To schedule your free consultation, call 703-202-1660.
