1. Purpose

2. The bill aims to limit how law enforcement agents involved in civil immigration enforcement can access health care facility premises and to require health care facilities to create and follow policies about interactions with such agents. It also seeks to protect patient and resident information and ensure compliance with privacy laws like HIPAA.

3. Key Definitions

4. Health care facility: includes hospitals, medical facilities, doctors’ offices or clinics, nonprofit clinics (including federally qualified health centers), rural or public health clinics, nursing homes, and certain assisted living facilities.

5. Law enforcement agency: any local, state, or federal agency with police powers.

6. Law enforcement agent: a person employed by a law enforcement agency who can make civil arrests.

7. Judicial warrant: a written court order permitting arrest or access.

8. Patient: a person receiving health care services at a health care facility.

9. Resident: a person admitted to a nursing home or assisted living facility.

10. Civil immigration enforcement: actions by law enforcement related to immigration status and enforcement.

11. Limits on Access to Premises by Law Enforcement Agents

12. A health care facility may not permit a law enforcement agent to enter for civil immigration enforcement without a valid judicial warrant.

13. The facility staff must ask for valid identification and may only allow entry to areas specified in the warrant.

14. Notification Requirements

15. When entry is granted, the health care facility employee must immediately notify the facility’s administrator and the facility’s designated legal representative (general counsel or equivalent).

16. Health Care Facilities Policies Regarding Civil Immigration Enforcement on Premises

17. Policies must be developed and implemented to address interactions between staff and law enforcement agents present for civil immigration activities.

18. Each policy must include:

    • A designated contact or contacts (often facility legal staff) to be notified about the agent’s presence.
    • Procedures to verify the agent’s identity and authority, including recording the agent’s name, agency, and badge number, and any information about the patient or resident being accessed.
    • Procedures restricting access to nonpublic areas unless required by a valid judicial warrant or for safety/security reasons requested by staff.

19. Release of Information to Law Enforcement:

    • Policies must specify how patient or resident information can be released, in line with all applicable laws (including HIPAA).
    • Except as required by law, staff may only release information if the agent provides a valid federal subpoena, federal order, or federal warrant.

20. Patient/Resident Privacy Rights:

    • Policies must ensure patients and residents receive privacy notices (HIPAA-compliant) and information about rights to amend records, including any restrictions related to immigration status or relevant documents.
    • Visitors or designees can be listed for access to health status and discharge information, via a form authorizing disclosure to parents, guardians, relatives, or other designees.

21. Training:

    • Health care facility staff, security personnel, and designated contacts must receive annual training on these policies.

22. Reporting and Compliance:

    • Facilities must submit the policies to the Commissioner of Health.
    • Noncompliance can lead to notification and potential fines.

23. Immigration Rights Information:

    • Facilities must post a document (on-site or electronically) with a phone number to call to learn about immigration rights.
    • The Commissioner will develop and provide this document.

24. Oversight, Complaints, and Protections

25. The Commissioner of Health can investigate complaints from patients, residents, staff, and the public about compliance with these provisions.

26. Health care facilities and their agents must not retaliate against anyone who files a complaint.

27. Liability Protections

28. Nothing in these sections allows a legal action against facility staff acting lawfully to comply with these requirements.

29. The provisions do not affect any rights or defenses of staff acting lawfully.

30. Significance and Potential Impacts

31. Creates formal protections for patients and residents by limiting access to only those areas covered by a valid warrant and requiring clear procedures for verification, notification, and information handling.

32. Establishes mandatory policies and training to ensure consistency in how facilities handle interactions with law enforcement.

33. Introduces potential fines for facilities that fail to comply and strengthens privacy protections under HIPAA.

Relevant Terms - health care facility - health care facility employees - law enforcement agent - civil immigration enforcement - judicial warrant - identification - areas identified in the warrant - nonpublic areas - HIPAA - protected health information - subpoena - federal order or federal warrant - designated contact - policy - privacy rights - notice of privacy practices - posting immigration rights information - commissioner of health - investigation - retaliation - quiet/civil enforcement rights - safety or security issue - federal judge or magistrate - area restrictions - authorized access