January 28, 2025 – Guidance for Health Facilities: New policies increase enforcement in hospitals and clinics—here’s what health care providers need to know.
Key Takeaways
The Trump administration overturned protections that previously banned immigration enforcement in hospitals, clinics, and doctor’s offices. In response, California Attorney General Rob Bonta released updated guidance in December 2024 to help health care facilities navigate legal responsibilities and enforcement actions.
Understanding the New Guidance
The California AG’s guidance outlines legal requirements and best practices for handling immigration enforcement at health care facilities. The document is divided into three sections:
- Patient Data Collection & Storage (Page 4) – Rules on collecting and retaining patient information, including immigration status.
- Data Disclosure to Law Enforcement (Page 9) – Laws governing when and how patient data, including immigration status, can be shared.
- Law Enforcement Access to Patients & Facilities (Page 17) – Legal protections and compliance requirements when immigration officers request access to patients or patient data.
What Physicians and Health Care Facilities Should Do
Physician practices should:
- Develop or update protocols on patient data collection and retention.
- Establish procedures for handling immigration enforcement visits or data requests.
- Train staff on how to respond to enforcement actions.
- Consult legal counsel before providing patient access or data to law enforcement.
Facility-based physicians should:
- Review the facility’s policies on immigration law enforcement.
- Report any immigration-related requests to the designated health care facility administrator.
Protecting Patient Privacy & Compliance
Physicians and health care facilities must comply with HIPAA, CMIA, and other federal and state laws when handling immigration enforcement requests. Consulting legal experts ensures compliance while protecting patients’ rights.
Stay Updated
For more legal and policy updates affecting health care providers, visit MedLegalNews.com.
