State of Texas et al v. United States of America et al

Filing 64

REPLY in Support of 5 Opposed MOTION for Preliminary Injunction, filed by Phil Bryant, Paul R. LePage, Patrick L. McCrory, C.L. "Butch" Otter, Bill Schuette, State of Louisiana, State of Alabama, State of Arizona, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Kansas, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin. (Attachments: # 1 Exhibit Ex 1, # 2 Exhibit Ex. 2, # 3 Exhibit Ex. 3, # 4 Exhibit Ex. 4, # 5 Exhibit Ex. 5, # 6 Exhibit Ex. 6, # 7 Exhibit Ex. 7, # 8 Exhibit Ex. 8, # 9 Exhibit Ex. 9.a, # 10 Exhibit Ex. 9.b, # 11 Exhibit Ex. 10.a, # 12 Exhibit Ex. 10.b, # 13 Exhibit Ex. 10.c, # 14 Exhibit Ex. 10.d, # 15 Exhibit Ex. 10.e, # 16 Exhibit Ex. 10.f, # 17 Exhibit Ex. 10.g, # 18 Exhibit Ex. 10.h, # 19 Exhibit Ex. 10.i, # 20 Exhibit Ex. 10.j, # 21 Exhibit Ex. 10.k, # 22 Exhibit Ex. 10.l, # 23 Exhibit Ex. 10.m, # 24 Exhibit Ex. 10.n, # 25 Exhibit Ex. 10.0, # 26 Exhibit Ex. 10.p, # 27 Exhibit Ex. 10.q, # 28 Exhibit Ex. 10.r, # 29 Exhibit Ex. 10.s, # 30 Exhibit Ex. 11, # 31 Exhibit Ex. 12, # 32 Exhibit Ex. 13, # 33 Exhibit Ex. 14, # 34 Exhibit Ex. 15, # 35 Exhibit Ex. 16, # 36 Exhibit Ex. 17, # 37 Exhibit Ex. 18, # 38 Exhibit Ex. 19, # 39 Exhibit Ex. 20, # 40 Exhibit Ex. 21, # 41 Exhibit Ex. 22, # 42 Exhibit Ex. 23, # 43 Exhibit Ex. 24, # 44 Exhibit Ex. 25, # 45 Exhibit Ex. 26, # 46 Exhibit Ex. 27, # 47 Exhibit Ex. 28, # 48 Exhibit Ex. 29, # 49 Exhibit Ex. 30, # 50 Exhibit Ex. 31, # 51 Exhibit Ex. 32, # 52 Exhibit Ex. 33, # 53 Exhibit Ex. 34, # 54 Exhibit Ex. 35)(Oldham, Andrew)

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EXHIBIT 1 App. 0001 App. 0002 App. 0003 App. 0004 App. 0005 App. 0006 Exhibit 1 to Declaration of Richard Allgeyer, Ph. D. App. 0007 REPORT TO THE UNITED STATES CONGRESS ON SERVICES AND BENEFITS PROVIDED TO UNDOCUMENTED IMMIGRANTS Required Reporting for Rider 59 House Bill 1 Eightieth Texas Legislature, Regular Session, 2007 EPIDEMIOLOGY TEAM Strategic Decision Support Financial Services Division TEXAS HEALTH AND HUMAN SERVICES COMMISSION — November 2008 — App. 0008 Table of Contents I Background ..........................................................................................................................1 II Executive Data Summary ....................................................................................................2 III Analytical Notes...................................................................................................................3 IV Public Hospital District Facility Listing ..............................................................................6 V References .........................................................................................................................11 -i- App. 0009 I – Background The 80th Texas Legislature, Regular Session, 2007, passed House Bill 1, General Appropriations Act, Article II, Health and Human Services, Rider 59: “Report to the United States Congress on Services and Benefits Provided to Undocumented Immigrants.” This rider requires the Texas Health and Human Services Commission (HHSC) to report the cost of services and benefits provided by HHSC to undocumented immigrants in the state. Rider 59 also requires HHSC to compile these data for each Texas public hospital district facility. The text of Rider 59 is included below, with the required data and supporting documentation on subsequent pages. Rider 59 — Report to the United States Congress on Services and Benefits Provided to Undocumented Immigrants The Health and Human Services Commission shall compile a report of the cost of services and benefits provided to undocumented immigrants, with the agency determining the extent to which undocumented immigrants are served by the agency, by individual program. The agency may use a statistical method developed by the agency in cases where it is not practical for the agency to directly determine whether recipients of a service or benefit are undocumented immigrants. The Health and Human Services Commission shall also compile information on this subject from each public hospital district within the state and include this information in the report and shall not enforce Title 8 of the United States Code when compiling information on this subject. The report must be produced using aggregated statistical data that does not contain personally identifiable information. The purpose of compiling this information is to perform analysis to assist the United States Congress and this state in making future health care and budgetary decisions. Information sought for the preparation of this report may not violate any federal or state laws, including rules, regarding privacy. This report shall be provided to the United States Congress by December 1, 2008, and may be used as supporting materials by the State of Texas in requests for additional federal appropriations to assist with these costs. The Health and Human Services Commission or a public hospital district may compile and report the information required by this rider only in a manner the attorney general of this state certifies as consistent with federal law. The Health and Human Services Commission again shall submit the required report to the Lieutenant Governor, Speaker of the House of Representatives, and Members of the Legislature by December 1, 2008, and shall include the information in the agency's annual report for 2008. -1- App. 0010 II – Executive Data Summary A. TEXAS HEALTH AND HUMAN SERVICES COMMISSION Estimated cost of services and benefits provided to undocumented immigrants (SFY 2007 ) $81.2 million Texas Emergency Medicaid ($80 million) + Texas Family Violence Program ($1.2 million) (Please see Analytical Notes on page 3 for subtotals and supporting documentation.) B. TEXAS PUBLIC HOSPITAL DISTRICTS Estimated uncompensated care for undocumented immigrants (fiscal year 2006 ) $596.8 million (Please see Analytical Notes on page 5 for subtotals and supporting documentation.) Texas Health and Human Services Commission data are for state fiscal year 2007, the most recent data available. The Texas public hospital districts data come from the Cooperative Annual Survey of Hospitals, which collects data for each facility's fiscal year. At the time of this report's publication, the most recent survey data available were for fiscal year 2006. -2- App. 0011 III – Analytical Notes A. TEXAS HEALTH AND HUMAN SERVICES COMMISSION Estimated cost of services and benefits provided to undocumented immigrants (fiscal year 2007) $81.2 million Texas Emergency Medicaid ($80 million) + Texas Family Violence Program ($1.2 million) 1. Texas Emergency Medicaid Emergency Medicaid, Type Program 30 (TP 30), is a federal and state funded program that provides Medicaid coverage, limited to emergency medical conditions including childbirth and labor, for non citizens as well as undocumented immigrants living in the US. In fiscal year 2007, payments for Emergency Medicaid, TP 30 totaled as follows: A — Texas Emergency Medicaid, Type Program 30, Fiscal Year 2007 Inpatient hospital Outpatient hospital Professional and other services Vendor drug $252,300,000 $11,200,000 $53,700,000 $124,500 Total $317,324,500 Since HHSC Medicaid claims data do not conclusively identify the legal residency status of immigrants, the portion of the $317.3 million in Emergency Medicaid payments attributable to undocumented immigrants must be estimated. According to the U.S. Census Bureau’s American Community Survey (ACS) for Texas, approximately 2.6 million non citizens resided in Texas in 2006. The Department of Homeland Security reports that 1.64 million, or 63 percent, of these residents were undocumented. Therefore, this brings the estimated amount paid for Emergency Medicaid services to undocumented immigrants residing in Texas to about $200 million: B — Texas Emergency Medicaid ($317.3 million) x Estimated Percent of Non-Citizens Who Are Undocumented Immigrants (63%) = $200 million The state shares the cost of the Medicaid program with the federal government, with Texas paying about 40 percent of Emergency Medicaid expenditures. Therefore, in fiscal year 2007 the total estimated state cost for Medicaid services to undocumented immigrants was about $80 million. C — Estimated Texas Emergency Medicaid for Undocumented Immigrants Residing in Texas ($200 million) x Texas Share of Medicaid Cost (40%) = $80 million -3- App. 0012 IV – Analytical Notes (Continued) 2. Texas Family Violence Program The Texas Family Violence Program (FVP) contracts with shelters and non-residential centers across the state to provide essential services to victims of family violence. Core FVP services include shelter, 24-hour hotlines, emergency medical services, counseling, etc. In fiscal year 2007, the FVP funded 72 nonprofit family violence shelters, 8 non-residential centers, and 19 special non-residential projects with a total budget of $23,199,451. State general revenue accounted for nearly $16.8 million ($16,759,995) of the program’s total spending for direct services. The FVP does not ask victims of family violence about their residency status. Therefore, the portion of the $16.8 million in FVP expenditures attributable to undocumented immigrants must be estimated. According to the U.S. Census Bureau’s American Community Survey (ACS) for Texas, approximately 23.5 million individuals resided in Texas in 2006. The Department of Homeland Security reports that 1.64 million, or 7 percent, of these residents were undocumented. The total estimated state cost for direct FVP services to undocumented immigrants in fiscal year 2007 was: Texas Family Violence Program budget ($16.8 million) x Estimated Number of Undocumented Texas Residents (7%) = $1.2 million B. TEXAS PUBLIC HOSPITAL DISTRICTS Estimated uncompensated care for undocumented immigrants (fiscal year 2006, 94 facilities) $596.8 million Limited information exists to estimate hospital-specific uncompensated care for undocumented immigrants. As such, the method adopted for this report relies on regional estimates of undocumented immigrants’ share of hospital uncompensated care, applying those estimates to each hospital in the region. The regional estimates are derived from a variety of sources. First, the software company Network Sciences created a web-based eligibility screening tool called the “Community Health and Social Services Information System” (CHASSIS™). The Indigent Care Collaboration (ICC), an alliance of safety net providers in three Central Texas counties (Travis, Williamson and Hays), employed CHASSIS™ to screen uninsured/under-insured patients for eligibility in government and local medical assistance or payment programs. This system also tracked the percent of uninsured undocumented immigrants served in these counties, and in 2005 found that nearly 14 percent of all patients screened in hospital settings were undocumented immigrants. (Texas Comptroller of Public Accounts, 2006.) This figure was used as a foundation for estimating uncompensated care for undocumented immigrants in the remaining parts of Texas. -4- App. 0013 IV – Analytical Notes (Continued) This 14 percent figure was then adjusted for each Public Health Region (PHR) based on information from two additional sources. The first source, the 2006 American Hospital Association/Texas Department of State Health Services/Texas Hospital Association (AHA/TDSHS/THA) Cooperative Annual Survey of Hospitals, is required by state law. It is submitted annually by every Texas hospital and lists each facility's reported uncompensated care (bad debt expenses plus charity care charges). The second source, claims data from the state’s Emergency Medicaid, TP 30, is available for every hospital stay for non citizens paid for by the state’s Medicaid program. In emergency cases, including childbirth and labor, the federal government allows Medicaid via this program to pay for services rendered to persons who would otherwise qualify for Medicaid regardless of their immigration status. Based on the regional distribution of uncompensated care and Emergency Medicaid expenditures, the Central Texas region’s share of the state’s uncompensated care appeared to be about 40 percent higher than its share of Emergency Medicaid. Therefore, we estimate that approximately 20 percent of uncompensated care statewide is accounted for by undocumented immigrants, compared to 14 percent in the Central Texas region reported in the aforementioned ICC study. In order to account for this difference statewide, the following formula was applied to each specific region: Estimated Statewide Uncompensated Care Attributable To Undocumented Immigrants (20%) x (Public Health Region’s Share of State Emergency Medicaid Expenditures / Public Health Region’s Share of State Uncompensated Care) = Estimated Percent of Uncompensated Care Attributed to Undocumented Immigrants in a Public Health Region As expected, results varied widely by a region's demographic composition and proximity to the border, with the highest rate found in the Rio Grande Valley and the lowest rate in North Texas. The method produced approximately the same rate statewide as for the state’s two largest population centers, Houston and Dallas/Fort Worth. These region-specific values were then applied to the reported uncompensated care for each public hospital district facility to produce estimates of the uncompensated care for undocumented immigrants. These facility totals were then added to generate the state total. Please see the facility-specific listing below for more information. -5- App. 0014 IV – Public Hospital District Facility Listing Public Health Region (PHR) Total Facility Uncompensated Care * (A) Estimated Percent of Uncompensated Care Estimated Attributable to Uncompensated Care Undocumented Immigrants for Undocumented Immigrants in a PHR ‡ (B) (A * B) Public Hospital District Facility † City County Permian Regional Medical Center Andrews ANDREWS 9 $1,426,975 5.79 $82,622 Bellville General Hospital Bellville AUSTIN 6 $1,888,004 21.20 $400,257 Muleshoe Area Medical Center Muleshoe BAILEY 1 $891,982 6.13 $54,678 Seymour Hospital Seymour BAYLOR 2 $1,314,921 2.35 $30,901 University Hospital San Antonio BEXAR 8 $329,954,339 7.79 $25,703,443 Angleton-Danbury Medical Center Angleton BRAZORIA 6 $9,151,361 21.20 $1,940,089 Sweeny Community Hospital Sweeny BRAZORIA 6 $1,798,967 21.20 $381,381 Burleson St. Joseph Health Center Caldwell BURLESON 7 $2,435,567 14.35 $349,504 Plains Memorial Hospital Dimmitt CASTRO 1 $2,069,565 6.13 $126,864 Bayside Community Hospital Anahuac CHAMBERS 6 $1,094,325 21.20 $231,997 Childress Regional Medical Center Childress CHILDRESS 1 $2,871,587 6.13 $176,028 Cochran Memorial Hospital Morton COCHRAN 1 $565,121 6.13 $34,642 Coleman County Medical Center Coleman COLEMAN 2 $1,867,080 2.35 $43,876 Rice Medical Center Eagle Lake COLORADO 6 $1,424,898 21.20 $302,078 Comanche County Medical Center Comanche COMANCHE 2 $2,508,293 2.35 $58,945 Concho County Hospital Eden CONCHO 9 $263,503 5.79 $15,257 North Texas Medical Center Gainesville COOKE 3 $8,802,166 21.50 $1,892,466 Muenster Memorial Hospital Muenster COOKE 3 $417,844 21.50 $89,836 Parkland Memorial Hospital Dallas DALLAS 3 $626,869,092 21.50 $134,776,855 Medical Arts Hospital Lamesa DAWSON 9 $2,717,784 5.79 $157,360 Cuero Community Hospital Cuero DE WITT 8 $3,678,475 7.79 $286,553 Hereford Regional Medical Center Hereford DEAF SMITH 1 $3,967,904 6.13 $243,233 -6- App. 0015 IV – Public Hospital District Facility Listing, Continued Public Health Region (PHR) Total Facility Uncompensated Care * (A) Estimated Percent of Uncompensated Care Estimated Attributable to Uncompensated Care Undocumented Immigrants for Undocumented Immigrants in a PHR ‡ (B) (A * B) Public Hospital District Facility † City County Eastland Memorial Hospital Eastland EASTLAND 2 $1,745,600 2.35 $41,022 Medical Center Hospital Odessa ECTOR 9 $67,643,877 5.79 $3,916,580 R. E. Thomason General Hospital El Paso EL PASO 10 $200,673,706 18.70 $37,525,983 Fisher County Hospital District Rotan FISHER 2 $540,185 2.35 $12,694 W.J. Mangold Memorial Hospital Lockney FLOYD 1 $555,669 6.13 $34,063 Frio Regional Hospital Pearsall FRIO 8 $1,988,980 7.79 $154,942 Memorial Hospital Seminole GAINES 9 $1,358,152 5.79 $78,637 Memorial Hospital Gonzales GONZALES 8 $4,198,738 7.79 $327,082 Hamilton General Hospital Hamilton HAMILTON 7 $2,955,437 14.35 $424,105 Hansford County Hospital Spearman HANSFORD 1 $627,299 6.13 $38,453 Chillicothe Hospital Chillicothe HARDEMAN 2 $149,096 2.35 $3,504 Hardeman County Memorial Hospital Quanah HARDEMAN 2 $431,416 2.35 $10,138 Ben Taub General Hospital Houston HARRIS 6 $960,155,000 21.20 $203,552,860 Northeast Medical Center Hospital Humble HARRIS 6 $56,336,561 21.20 $11,943,351 Coon Memorial Hospital and Home Dalhart HARTLEY 1 $2,711,061 6.13 $166,188 Haskell Memorial Hospital Haskell HASKELL 2 $177,793 2.35 $4,178 Hemphill County Hospital Canadian HEMPHILL 1 $316,312 6.13 $19,390 Hopkins County Memorial Hospital Sulphur Springs HOPKINS 4 $7,661,397 6.94 $531,701 Presbyterian Hospital of Commerce Commerce HUNT 3 $1,782,289 21.50 $383,192 Presbyterian Hospital of Greenville Greenville HUNT 3 $23,701,017 21.50 $5,095,719 Golden Plains Community Hospital Borger HUTCHINSON 1 $5,964,363 6.13 $365,615 Faith Community Hospital Jacksboro JACK 2 $619,741 2.35 $14,564 -7- App. 0016 IV – Public Hospital District Facility Listing (Continued) Public Health Region (PHR) Total Facility Uncompensated Care * (A) Estimated Percent of Uncompensated Care Estimated Attributable to Uncompensated Care Undocumented Immigrants for Undocumented Immigrants in a PHR ‡ (B) (A * B) Public Hospital District Facility † City County Jackson Healthcare Center Edna JACKSON 8 $1,688,113 7.79 $131,504 CHRISTUS Jasper Memorial Hospital Jasper JASPER 5 $5,814,021 4.54 $263,957 Hamlin Memorial Hospital Hamlin JONES 2 $216,321 2.35 $5,084 Stamford Memorial Hospital Stamford JONES 2 $835,599 2.35 $19,637 Otto Kaiser Memorial Hospital Kenedy KARNES 8 $1,488,269 7.79 $115,936 Kimble Hospital Junction KIMBLE 9 $862,799 5.79 $49,956 Knox County Hospital Knox City KNOX 2 $566,483 2.35 $13,312 Lavaca Medical Center Hallettsville LAVACA 8 $939,479 7.79 $73,185 Limestone Medical Center Groesbeck LIMESTONE 7 $1,720,727 14.35 $246,924 University Medical Center Lubbock LUBBOCK 1 $123,005,488 6.13 $7,540,236 Lynn County Hospital District Tahoka LYNN 1 $493,512 6.13 $30,252 Martin County Hospital District Stanton MARTIN 9 $735,801 5.79 $42,603 Matagorda General Hospital Bay City MATAGORDA 6 $10,756,443 21.20 $2,280,366 Heart of Texas Memorial Hospital Brady MCCULLOCH 9 $2,363,776 5.79 $136,863 Midland Memorial Hospital Midland MIDLAND 9 $40,088,376 5.79 $2,321,117 Richards Memorial Hospital Rockdale MILAM 7 $1,544,100 14.35 $221,578 Mitchell County Hospital Colorado City MITCHELL 2 $2,409,895 2.35 $56,633 Nocona General Hospital Nocona MONTAGUE 2 $1,058,607 2.35 $24,877 Memorial Hospital Dumas MOORE 1 $3,295,274 6.13 $202,000 Nacogdoches Memorial Hospital Nacogdoches NACOGDOCHES 5 $49,096,407 4.54 $2,228,977 Rolling Plains Memorial Hospital Sweetwater NOLAN 2 $3,283,504 2.35 $77,162 Ochiltree General Hospital Perryton OCHILTREE 1 $1,370,332 6.13 $84,001 -8- App. 0017 IV – Public Hospital District Facility Listing (Continued) Public Health Region (PHR) Total Facility Uncompensated Care * (A) Estimated Percent of Uncompensated Care Estimated Attributable to Uncompensated Care Undocumented Immigrants for Undocumented Immigrants in a PHR ‡ (B) (A * B) Public Hospital District Facility † City County Palo Pinto General Hospital Mineral Wells PALO PINTO 3 $7,608,018 21.50 $1,635,724 Campbell Health System Weatherford PARKER 3 $17,393,965 21.50 $3,739,702 Iraan General Hospital District Iraan PECOS 9 $110,920 5.79 $6,422 Reagan Memorial Hospital Big Lake REAGAN 9 $97,206 5.79 $5,628 Reeves County Hospital Pecos REEVES 9 $1,717,598 5.79 $99,449 Refugio County Memorial Hospital District Refugio REFUGIO 11 $1,935,402 60.56 $1,172,079 Ballinger Memorial Hospital District Ballinger RUNNELS 2 $1,087,906 2.35 $25,566 North Runnels Hospital Winters RUNNELS 2 $259,451 2.35 $6,097 Sabine County Hospital Hemphill SABINE 5 $765,265 4.54 $34,743 Starr County Memorial Hospital Rio Grande City STARR 11 $3,519,126 60.56 $2,131,183 Stonewall Memorial Hospital Aspermont STONEWALL 2 $141,622 2.35 $3,328 Lillian M. Hudspeth Memorial Hospital Sonora SUTTON 9 $1,352,108 5.79 $78,287 Swisher Memorial Hospital Tulia SWISHER 1 $935,352 6.13 $57,337 John Peter Smith Hospital Fort Worth TARRANT 3 $618,729,000 21.50 $133,026,735 Brownfield Regional Medical Center Brownfield TERRY 1 $2,117,936 6.13 $129,829 Titus Regional Medical Center Mount Pleasant TITUS 4 $13,783,587 6.94 $956,581 Tyler County Hospital Woodville TYLER 5 $2,801,493 4.54 $127,188 McCamey Hospital McCamey UPTON 9 $586,995 5.79 $33,987 Rankin County Hospital District Rankin UPTON 9 $134,422 5.79 $7,783 Val Verde Regional Medical Center Del Rio VAL VERDE 8 $8,965,303 7.79 $698,397 El Campo Memorial Hospital El Campo WHARTON 6 $3,854,197 21.20 $817,090 Shamrock General Hospital Shamrock WHEELER 1 $386,101 6.13 $23,668 -9- App. 0018 IV – Public Hospital District Facility Listing (Continued) Public Health Region (PHR) Total Facility Uncompensated Care * (A) Estimated Percent of Uncompensated Care Estimated Attributable to Uncompensated Care Undocumented Immigrants for Undocumented Immigrants in a PHR ‡ (B) (A * B) Public Hospital District Facility † City County Parkview Hospital Wheeler WHEELER 1 $577,427 6.13 $35,396 Electra Memorial Hospital Electra WICHITA 2 $1,300,014 2.35 $30,550 Wilbarger General Hospital Vernon WILBARGER 2 $2,687,964 2.35 $63,167 Connally Memorial Medical Center Floresville WILSON 8 $5,226,033 7.79 $407,108 Wise Regional Health System Decatur WISE 3 $15,033,103 21.50 $3,232,117 Hamilton Hospital Olney YOUNG 2 $3,184,195 2.35 $74,829 Total for the ninety-four Texas public hospital district facilities in FY 2006 — $596,848,958 Notes: † The AHA/THA/TXDSHS Cooperative Annual Survey of Hospitals is administered to all Texas hospitals, and collects data for each facility's fiscal year. The 94 facilities listed here reported being either owned or controlled by a public hospital district on the 2006 Cooperative Annual Survey of Hospitals. Data for FY 2007 were not available at the time of this report's publication. * Total facility uncompensated care is the sum of reported bad debt expenses and charity charges. ‡ Estimated percent of uncompensated care attributable to undocumented immigrants in a PHR was computed by using a formula designed for this report. Based on the regional distribution of uncompensated care and Emergency Medicaid expenditures, the Central Texas region's share of the state's uncompensated care appeared to be about 40% higher than its share of Emergency Medicaid. Therefore, we estimate that approximately 20% of uncompensated care statewide is accounted for by undocumented immigrants, compared to 14% in the Central Texas region reported in the aforementioned ICC study. In order to account for this difference statewide, the following formula was applied to each specific region. For more information, please see Analytical Notes on page 6. Estimated Statewide Uncompensated Care Attributable To Undocumented Immigrants (20%) x (Public Health Region’s Share of State Emergency Medicaid Expenditures / Public Health Region’s Share of State Uncompensated Care) = Estimated Percent of Uncompensated Care Attributed To Undocumented Immigrants in a Public Health Region -10- App. 0019 V – References American Hospital Association/Texas Department of State Health Services/Texas Hospital Association, 2006. Cooperative Annual Survey of Hospitals. Chicago/Austin. House Bill 1, 80th Legislature, Regular Session, General Appropriations Act, Article II, Health and Human Services, Rider 59: Report to the United States Congress on Services and Benefits Provided to Undocumented Immigrants, pp. II-86-87. Network Sciences, 2008. Community Health and Social Services Information System (CHASSIS Software™). Retrieved October 17, 2008, from http://www.netsci.net/chassis.asp. Texas Comptroller of Public Accounts, 2006. Special Report: Undocumented Immigrants in Texas, A Financial Analysis of the Impact to the State Budget and Economy. Publication #96-1224. Retrieved September 6, 2008, from http://www.window.state.tx.us/specialrpt/undocumented/undocumented.pdf. Texas Health and Human Services Commission, Medicaid Administrative Data, Austin. U.S. Department of Homeland Security, 2007. Estimates of the Unauthorized Immigrant Population Residing in the United States: January 2006, Retrieved October 21, 2008, from http://www.dhs.gov/xlibrary/assets/statistics/publications/ill_pe_2006.pdf. U.S. Department of Commerce, 2007. American Community Survey (ACS): Public Use Microdata Sample (PUMS), 2006. Washington, D.C.: U.S. Department of Commerce, Bureau of the Census. -11- App. 0020 Exhibit 2 to Declaration of Richard Allgeyer, Ph. D. App. 0021 REPORT ON SERVICES AND BENEFITS PROVIDED TO UNDOCUMENTED IMMIGRANTS Updated report related to Rider 59 House Bill 1 Eightieth Texas Legislature, Regular Session, 2007 — 2010 UPDATE — Strategic Decision Support Financial Services Division TEXAS HEALTH AND HUMAN SERVICES COMMISSION App. 0022 Table of Contents I Background...........................................................................................................................................1 II Executive Data Summary...................................................................................................................2 III Analytical Notes ..................................................................................................................................3 IV Public Hospital District Facility Listing ...........................................................................................8 V References .........................................................................................................................................12 HHSC, Rider 59 Report — 2010 Update -2- App. 0023 I – Background The 80th Texas Legislature, Regular Session, 2007, passed House Bill 1, General Appropriations Act, Article II, Health and Human Services, Rider 59: “Report to the United States Congress on Services and Benefits Provided to Undocumented Immigrants.” This rider required the Texas Health and Human Services Commission (HHSC) to report the cost of services and benefits provided by HHSC to undocumented immigrants in the state. Rider 59 also required HHSC to compile these data for each Texas public hospital district facility. This report was originally completed in 2008. Due to numerous requests for related current information, this document is the 2010 update of that original report. The text of Rider 59 is included below, with the updated data and supporting documentation on subsequent pages. Rider 59 — Report to the United States Congress on Services and Benefits Provided to Undocumented Immigrants The Health and Human Services Commission shall compile a report of the cost of services and benefits provided to undocumented immigrants, with the agency determining the extent to which undocumented immigrants are served by the agency, by individual program. The agency may use a statistical method developed by the agency in cases where it is not practical for the agency to directly determine whether recipients of a service or benefit are undocumented immigrants. The Health and Human Services Commission shall also compile information on this subject from each public hospital district within the state and include this information in the report and shall not enforce Title 8 of the United States Code when compiling information on this subject. The report must be produced using aggregated statistical data that does not contain personally identifiable information. The purpose of compiling this information is to perform analysis to assist the United States Congress and this state in making future health care and budgetary decisions. Information sought for the preparation of this report may not violate any federal or state laws, including rules, regarding privacy. This report shall be provided to the United States Congress by December 1, 2008, and may be used as supporting materials by the State of Texas in requests for additional federal appropriations to assist with these costs. The Health and Human Services Commission or a public hospital district may compile and report the information required by this rider only in a manner the attorney general of this state certifies as consistent with federal law. The Health and Human Services Commission again shall submit the required report to the Lieutenant Governor, Speaker of the House of Representatives, and Members of the Legislature by December 1, 2008, and shall include the information in the agency's annual report for 2008. HHSC, Rider 59 Report — 2010 Update -1- App. 0024 II – Executive Data Summary A. TEXAS HEALTH AND HUMAN SERVICES COMMISSION Estimated cost of services and benefits provided to undocumented immigrants, State Fiscal Year (SFY) 2009 $96 million Note — in the original, 2008 version of this report, this figure was: $81 million. (Please see Analytical Notes on page 3 for subtotals and supporting documentation.) Texas Health and Human Services Commission data are for state fiscal year 2009, the most recent data available. B. TEXAS PUBLIC HOSPITAL DISTRICTS Estimated uncompensated care for undocumented immigrants, facility fiscal year 2008 $717 million Note — in the original, 2008 version of this report, this figure was: $597 million. (Please see Analytical Notes on page 6 for subtotals and supporting documentation.) The Texas public hospital districts data come from the Cooperative Annual Survey of Hospitals, which collects data for each facility's fiscal year. At the time of this report's publication, the most recent survey data available were for fiscal year 2008. HHSC, Rider 59 Report — 2010 Update -2- App. 0025 III – Analytical Notes A. TEXAS HEALTH AND HUMAN SERVICES COMMISSION Estimated cost of services and benefits provided to undocumented immigrants, SFY 2009 (1) Texas Emergency Medicaid — $62 million + (2) Texas Family Violence Program — $1.3 million + (3) Texas Children's Health Insurance Program (CHIP) Perinatal Coverage — $33 million = $96 million 1. Texas Emergency Medicaid Emergency Medicaid, Type Program 30 (TP 30), is a federal and state funded program that provides Medicaid coverage, limited to emergency medical conditions including childbirth and labor, for non citizens as well as undocumented immigrants living in the US. Emergency Medicaid is a federally required program. In fiscal year 2009, payments for Emergency Medicaid, TP 30 totaled as follows: —A— Texas Emergency Medicaid, Type Program 30, Fiscal Year 2009 Inpatient hospital Outpatient hospital Professional and other services Vendor drug $275,010,314 $13,248,238 $20,778,110 $159,096 Total $309,195,758 Since HHSC Medicaid claims data do not conclusively identify the legal residency status of immigrants, the portion of the $309.2 million in Emergency Medicaid payments attributable to undocumented immigrants must be estimated. According to the U.S. Census Bureau’s American Community Survey (ACS) for Texas, approximately 2.6 million non citizens resided in Texas in 2006. The Department of Homeland Security reports that 1.64 million, or 63 percent, of these residents were undocumented. Therefore, the estimated amount paid for Emergency Medicaid services to undocumented immigrants residing in Texas is about $194.8 million: —B— Texas Emergency Medicaid ($309.2 million) x Estimated Percent of Non-Citizens Who Are Undocumented Immigrants (63%) = $194.8 million HHSC, Rider 59 Report — 2010 Update -3- App. 0026 III – Analytical Notes (Continued) The state shares the cost of the Medicaid program with the federal government, with Texas typically paying about 40 percent of Emergency Medicaid expenditures. However, in SFY 2009 due to provisions of the American Recovery and Reinvestment Act of 2009 (ARRA), the federal government temporarily increased its share of Medicaid expenditures to 68 percent, leaving the state with a 32 percent share. Therefore, the total estimated state cost for Emergency Medicaid services to undocumented immigrants residing in Texas in SFY 2009 was about $62 million. —C— Estimated Texas Emergency Medicaid for Undocumented Immigrants Residing in Texas ($194.8 million) x Texas Share of Medicaid Cost under ARRA (32%) = $62 million Note — in the original, 2008 version of this report, this figure was: $80 million. 2. Texas Family Violence Program The Texas Family Violence Program (FVP) contracts with non-profit agencies in three categories (shelter centers, non-residential centers, and special non-residential projects (SNRP)) across the state to provide essential services to victims of family violence. Core FVP services include shelter, 24-hour hotlines, emergency medical services, counseling, etc. In SFY 2009, the FVP funded 72 nonprofit family violence shelters, 8 non-residential centers, and 20 SNRPs, providing comprehensive family violence services to victims, with a total budget of $24,028,440. State general revenue and Temporary Assistance for Needy Families (TANF) converted to Title XX accounted for about $19 million ($19,235,988) of the program’s total spending for direct services. Services are provided without any financial eligibility testing and free of charge. The FVP does not ask victims of family violence about their residency status. Therefore, the portion of the $19 million in FVP expenditures attributable to undocumented immigrants must be estimated. According to the U.S. Census Bureau’s American Community Survey (ACS) for Texas, approximately 23.5 million individuals resided in Texas in 2006. The Department of Homeland Security reports that 1.64 million, or 7 percent, of these residents were undocumented. The total estimated state cost for direct FVP services to undocumented immigrants in SFY 2009 was: Texas Family Violence Program budget ($19 million) x Estimated Percent of Undocumented Immigrants in Texas (7%) = $1.3 million Note — in the original, 2008 version of this report, this figure was: $1.2 million. HHSC, Rider 59 Report — 2010 Update -4- App. 0027 III – Analytical Notes (Continued) 3. Texas Children's Health Insurance Program (CHIP) Perinatal Coverage Texas CHIP Perinatal Coverage provides prenatal care for the unborn children of low-income women. Specifically, it provides prenatal care for women living at up to 200% Federal Poverty Level (FPL) who do not otherwise qualify for Medicaid, typically due to their citizenship status. Nearly all participants of CHIP Perinatal are either documented or non-documented non-citizens. Since this program does not require citizenship documentation, there is no way to definitively report the number of undocumented immigrants served. Therefore, the portion of the $188 million in CHIP Perinatal Coverage expenditures (which represents prenatal services only) in SYF 2009 attributable to undocumented immigrants must be estimated. Note: CHIP Perinate Coverage expenditures were not included in the original Rider 59 report since, at the time its completion, a full year of program data was not available. According to the U.S. Census Bureau’s American Community Survey (ACS) for Texas, approximately 2.6 million non citizens resided in Texas in 2006. The Department of Homeland Security reports that 1.64 million, or 63 percent, of these residents were undocumented. Therefore, this brings the estimated amount paid for Texas CHIP Perinatal Coverage services to undocumented immigrants residing in Texas for SFY 2009 to about $118 million: Texas CHIP Perinatal Coverage budget ($188 million) x Estimated Percent of Non-Citizens Who Are Undocumented Immigrants (63%) = $118 million The state shares the cost of the CHIP program with the federal government, with Texas typically paying about 28 percent of expenditures. Therefore, the total estimated state cost for CHIP Perinatal Coverage to undocumented immigrants residing in Texas in SFY 2009 was about $34 million. Estimated CHIP Perinatal Coverage for Undocumented Immigrants Residing in Texas ($118 million) x Texas Share of CHIP Expenditures (28%) = $33 million Note — Expenditures for CHIP Perinate Coverage were not included in the original, 2008 version of the Rider 59 report since, at the time its completion, a full year of program data was not available. HHSC, Rider 59 Report — 2010 Update -5- App. 0028 III – Analytical Notes (Continued) B. TEXAS PUBLIC HOSPITAL DISTRICTS Estimated uncompensated care for undocumented immigrants (fiscal year 2008; 99 facilities) $717 million Note — in the original, 2008 version of this report, this figure was: $597 million. Limited information exists to estimate hospital-specific uncompensated care for undocumented immigrants. As such, the method adopted for this report relies on regional estimates of undocumented immigrants’ share of hospital uncompensated care, applying those estimates to each public hospital district facility in the region. The regional estimates (which have been rounded for this report’s update) are derived from a variety of sources. First, a web-based eligibility screening tool called the “Community Health and Social Services Information System” (CHASSIS™). The Indigent Care Collaboration (ICC), an alliance of safety net providers in three Central Texas counties (Travis, Williamson and Hays), employed CHASSIS™ to screen uninsured/under-insured patients for eligibility in government and local medical assistance or payment programs (Network Sciences, 2008). This system also tracked the percent of uninsured undocumented immigrants served in these counties, and in 2005 found that nearly 14 percent of all patients screened in hospital settings were undocumented immigrants. (Texas Comptroller of Public Accounts, 2006.) This figure was used as a foundation for estimating uncompensated care for undocumented immigrants in the remaining parts of Texas. This 14 percent figure was adjusted for each Public Health Region (PHR) based on information from two additional sources. The first source, the 2008 American Hospital Association/Texas Department of State Health Services/Texas Hospital Association (AHA/TDSHS/THA) Cooperative Annual Survey of Hospitals, is required by state law. It is submitted annually by every Texas hospital and lists each facility's reported uncompensated care (bad debt expenses plus charity care charges). The second source, claims data from the state’s Emergency Medicaid Type Program (TP) 30, is available for every hospital stay for non citizens paid for by the state’s Emergency Medicaid program. In emergency cases, including childbirth and labor, Medicaid pays for services rendered to persons who would otherwise qualify for Medicaid regardless of their immigration status. HHSC, Rider 59 Report — 2010 Update -6- App. 0029 III – Analytical Notes (Continued) Based on the regional distribution of uncompensated care and Emergency Medicaid expenditures, the Central Texas region’s share of the state’s uncompensated care appeared to be about 40 percent higher than its share of Emergency Medicaid. Therefore, we estimate that approximately 20 percent of uncompensated care statewide is accounted for by undocumented immigrants, compared to 14 percent in the Central Texas region reported in the aforementioned ICC study. In order to account for this difference statewide, the following formula was applied to each specific region: Estimated Statewide Uncompensated Care Attributable To Undocumented Immigrants (20%) x ( Public Health Region’s Share of State Emergency Medicaid Expenditures / Public Health Region’s Share of State Uncompensated Care ) = Estimated Percent of Uncompensated Care Attributed to Undocumented Immigrants in a Public Health Region As expected, results varied widely by a region's demographic composition and proximity to the border, with the highest rate found in the Rio Grande Valley and the lowest rate in North Texas. The method produced approximately the same rate statewide as for the state’s two largest population centers, Houston and Dallas/Fort Worth. These region-specific values were then applied to the reported uncompensated care for each public hospital district facility to produce estimates of the uncompensated care for undocumented immigrants. These facility totals were then added to generate the state total. This computational logic was revisited for the report's 2010 update, and it was determined that there was no justification to change these formulas and values at this time. Please see the facility-specific listing below for more information. HHSC, Rider 59 Report — 2010 Update -7- App. 0030 IV – Public Hospital District Facility Listing Public Health Region (PHR) Total Facility Uncompensated Care * (A) Estimated Percent of Uncompensated Care Estimated Facility Attributable to Uncompensated Care Undocumented Immigrants for Undocumented Immigrants in a PHR ‡ (B) (A x B) Public Hospital District Facility † City County Permian Regional Medical Center Andrews ANDREWS 9 $3,872,258 0.06 $232,335 Bellville General Hospital Bellville AUSTIN 6 $2,177,652 0.21 $457,307 Muleshoe Area Medical Center Muleshoe BAILEY 1 $812,007 0.06 $48,720 Smithville Regional Hospital Smithville BASTROP 7 $5,629,736 0.14 $788,163 Seymour Hospital Seymour BAYLOR 2 $1,025,201 0.02 $20,504 University Hospital San Antonio BEXAR 8 $369,227,596 0.08 $29,538,208 Angleton-Danbury Medical Center Angleton BRAZORIA 6 $8,240,290 0.21 $1,730,461 Sweeny Community Hospital Sweeny BRAZORIA 6 $2,370,787 0.21 $497,865 Burleson St. Joseph Health Center Caldwell BURLESON 7 $3,864,113 0.14 $540,976 Atlanta Memorial Hospital Atlanta CASS 4 $5,787,215 0.07 $405,105 Plains Memorial Hospital Dimmitt CASTRO 1 $1,761,563 0.06 $105,694 Bayside Community Hospital Anahuac CHAMBERS 6 $1,627,946 0.21 $341,869 Childress Regional Medical Center Childress CHILDRESS 1 $3,187,285 0.06 $191,237 Cochran Memorial Hospital Morton COCHRAN 1 $202,007 0.06 $12,120 Coleman County Medical Center Coleman COLEMAN 2 $2,330,626 0.02 $46,613 Rice Medical Center Eagle Lake COLORADO 6 $1,536,586 0.21 $322,683 Comanche County Medical Center Comanche COMANCHE 2 $2,112,936 0.02 $42,259 Concho County Hospital Eden CONCHO 9 $291,931 0.06 $17,516 North Texas Medical Center Gainesville COOKE 3 $10,967,036 0.22 $2,412,748 Muenster Memorial Hospital Muenster COOKE 3 $392,877 0.22 $86,433 Coryell Memorial Hospital Gatesville CORYELL 7 $3,495,557 0.14 $489,378 Parkland Memorial Hospital Dallas DALLAS 3 $770,172,780 0.22 $169,438,012 HHSC, Rider 59 Report — 2010 Update -8- App. 0031 IV – Public Hospital District Facility Listing, Continued Total Facility Uncompensated Care * (A) Estimated Percent of Uncompensated Care Estimated Facility Attributable to Uncompensated Care Undocumented Immigrants for Undocumented Immigrants in a PHR ‡ (B) (A x B) Public Hospital District Facility † City County Public Health Region (PHR) Richardson Regional Medical Center Richardson DALLAS 3 $28,107,007 0.22 $6,183,542 Medical Arts Hospital Lamesa DAWSON 9 $4,870,046 0.06 $292,203 Cuero Community Hospital Cuero DE WITT 8 $4,732,916 0.08 $378,633 Hereford Regional Medical Center Hereford DEAF SMITH 1 $5,343,007 0.06 $320,580 Eastland Memorial Hospital Eastland EASTLAND 2 $3,356,919 0.02 $67,138 Medical Center Hospital Odessa ECTOR 9 $74,028,538 0.06 $4,441,712 R. E. Thomason General Hospital El Paso EL PASO 10 $212,073,041 0.19 $40,293,878 Fisher County Hospital District Rotan FISHER 2 $537,418 0.02 $10,748 W.J. Mangold Memorial Hospital Lockney FLOYD 1 $903,277 0.06 $54,197 OakBend Medical Center Richmond FORT BEND 6 $26,351,512 0.21 $5,533,818 Frio Regional Hospital Pearsall FRIO 8 $2,063,071 0.08 $165,046 Memorial Hospital Seminole GAINES 9 $2,287,318 0.06 $137,239 Memorial Hospital Gonzales GONZALES 8 $4,260,810 0.08 $340,865 Hamilton General Hospital Hamilton HAMILTON 7 $4,433,680 0.14 $620,715 Hansford County Hospital Spearman HANSFORD 1 $718,184 0.06 $43,091 Hardeman County Memorial Hospital Quanah HARDEMAN 2 $512,530 0.02 $10,251 Chillicothe Hospital Chillicothe HARDEMAN 2 $190,958 0.02 $3,819 Ben Taub General Hospital Houston HARRIS 6 $1,107,257,370 0.21 $232,524,048 Tomball Regional Hospital Tomball HARRIS 6 $34,205,413 0.21 $7,183,137 Coon Memorial Hospital and Home Dalhart HARTLEY 1 $2,517,976 0.06 $151,079 Haskell Memorial Hospital Haskell HASKELL 2 $270,676 0.02 $5,414 Hemphill County Hospital Canadian HEMPHILL 1 $608,103 0.06 $36,486 HHSC, Rider 59 Report — 2010 Update -9- App. 0032 IV – Public Hospital District Facility Listing, Continued Public Health Region (PHR) Total Facility Uncompensated Care * (A) Estimated Percent of Uncompensated Care Estimated Facility Attributable to Uncompensated Care Undocumented Immigrants for Undocumented Immigrants in a PHR ‡ (B) (A x B) Public Hospital District Facility † City County Hopkins County Memorial Hospital Sulphur Springs HOPKINS 4 $8,855,915 0.07 $619,914 Hunt Regional Medical Center Greenville Greenville HUNT 3 $26,569,309 0.22 $5,845,248 Hunt Regional Community Hospital Commerce HUNT 3 $1,949,784 0.22 $428,952 Faith Community Hospital Jacksboro JACK 2 $1,336,009 0.02 $26,720 Jackson Healthcare Center Edna JACKSON 8 $1,511,280 0.08 $120,902 CHRISTUS Jasper Memorial Hospital Jasper JASPER 5 $8,386,654 0.05 $419,333 Stamford Memorial Hospital Stamford JONES 2 $1,263,715 0.02 $25,274 Hamlin Memorial Hospital Hamlin JONES 2 $118,858 0.02 $2,377 Otto Kaiser Memorial Hospital Kenedy KARNES 8 $1,956,818 0.08 $156,545 Knox County Hospital Knox City KNOX 2 $864,961 0.02 $17,299 Lavaca Medical Center Hallettsville LAVACA 8 $1,049,510 0.08 $83,961 Limestone Medical Center Groesbeck LIMESTONE 7 $2,966,202 0.14 $415,268 Llano Memorial Hospital Llano LLANO 7 $6,430,811 0.14 $900,314 University Medical Center Lubbock LUBBOCK 1 $116,021,682 0.06 $6,961,301 Lynn County Hospital District Tahoka LYNN 1 $485,660 0.06 $29,140 Martin County Hospital District Stanton MARTIN 9 $1,422,335 0.06 $85,340 Matagorda Medical Center Bay City MATAGORDA 6 $10,322,312 0.21 $2,167,686 Heart of Texas Memorial Hospital Brady MCCULLOCH 9 $2,354,023 0.06 $141,241 Medina Community Hospital Hondo MEDINA 8 $4,391,528 0.08 $351,322 Midland Memorial Hospital Midland MIDLAND 9 $48,655,866 0.06 $2,919,352 Mitchell County Hospital Colorado City MITCHELL 2 $3,674,336 0.02 $73,487 Bowie Memorial Hospital Bowie MONTAGUE 2 $3,216,286 0.02 $64,326 HHSC, Rider 59 Report — 2010 Update - 10 - App. 0033 IV – Public Hospital District Facility Listing, Continued Public Health Region (PHR) Total Facility Uncompensated Care * (A) Estimated Percent of Uncompensated Care Estimated Facility Attributable to Uncompensated Care Undocumented Immigrants for Undocumented Immigrants in a PHR ‡ (B) (A x B) Public Hospital District Facility † City County Nocona General Hospital Nocona MONTAGUE 2 $1,531,908 0.02 $30,638 Memorial Hospital Dumas MOORE 1 $3,725,461 0.06 $223,528 Nacogdoches Memorial Hospital Nacogdoches NACOGDOCHES 5 $54,003,977 0.05 $2,700,199 Rolling Plains Memorial Hospital Sweetwater NOLAN 2 $4,232,138 0.02 $84,643 Ochiltree General Hospital Perryton OCHILTREE 1 $1,777,167 0.06 $106,630 Palo Pinto General Hospital Mineral Wells PALO PINTO 3 $6,269,909 0.22 $1,379,380 Iraan General Hospital Iraan PECOS 9 $373,544 0.06 $22,413 Reagan Memorial Hospital Big Lake REAGAN 9 $222,237 0.06 $13,334 Reeves County Hospital Pecos REEVES 9 $2,637,636 0.06 $158,258 Refugio County Memorial Hospital District Refugio REFUGIO 11 $1,866,730 0.61 $1,138,705 Ballinger Memorial Hospital District Ballinger RUNNELS 2 $750,577 0.02 $15,012 North Runnels Hospital Winters RUNNELS 2 $290,514 0.02 $5,810 Cogdell Memorial Hospital Snyder SCURRY 2 $7,086,091 0.02 $141,722 Starr County Memorial Hospital Rio Grande City STARR 11 $3,075,916 0.61 $1,876,309 Stonewall Memorial Hospital Aspermont STONEWALL 2 $108,093 0.02 $2,162 Lillian M. Hudspeth Memorial Hospital Sonora SUTTON 9 $1,838,340 0.06 $110,300 Swisher Memorial Hospital Tulia SWISHER 1 $1,036,407 0.06 $62,184 John Peter Smith Hospital Fort Worth TARRANT 3 $773,861,000 0.22 $170,249,420 Brownfield Regional Medical Center Brownfield TERRY 1 $2,479,007 0.06 $148,740 Titus Regional Medical Center Mount Pleasant TITUS 4 $18,528,136 0.07 $1,296,970 Tyler County Hospital Woodville TYLER 5 $3,472,921 0.05 $173,646 Rankin County Hospital District Rankin UPTON 9 $193,275 0.06 $11,597 HHSC, Rider 59 Report — 2010 Update - 11 - App. 0034 IV – Public Hospital District Facility Listing, Continued Total Facility Uncompensated Care * (A) Estimated Percent of Uncompensated Care Estimated Facility Attributable to Uncompensated Care Undocumented Immigrants for Undocumented Immigrants in a PHR ‡ (B) (A x B) Public Hospital District Facility † City County Public Health Region (PHR) McCamey Hospital McCamey UPTON 9 $55,186 0.06 $3,311 Uvalde Memorial Hospital Uvalde UVALDE 8 $8,347,207 0.08 $667,777 Val Verde Regional Medical Center Del Rio VAL VERDE 8 $10,632,139 0.08 $850,571 El Campo Memorial Hospital El Campo WHARTON 6 $3,507,501 0.21 $736,575 Shamrock General Hospital Shamrock WHEELER 1 $641,535 0.06 $38,492 Parkview Hospital Wheeler WHEELER 1 $450,335 0.06 $27,020 Electra Memorial Hospital Electra WICHITA 2 $1,366,414 0.02 $27,328 Wilbarger General Hospital Vernon WILBARGER 2 $3,562,302 0.02 $71,246 Connally Memorial Medical Center Floresville WILSON 8 $5,615,212 0.08 $449,217 Wise Regional Health System Decatur WISE 3 $25,177,926 0.22 $5,539,144 Hamilton Hospital Olney YOUNG 2 $2,004,045 0.02 $40,081 Total for the ninety-nine Texas public hospital district facilities in FY 2008 — $716,821,507 Notes: † The AHA/THA/TDSHS Cooperative Annual Survey of Hospitals is administered to all Texas hospitals, and collects data for each facility's fiscal year. The 99 facilities listed here reported being either owned or controlled by a public hospital district on the 2008 Cooperative Annual Survey of Hospitals. Data for FY 2009 were not available at the time of this report's publication. * Total facility uncompensated care is the sum of reported bad debt expenses and charity charges. ‡ Estimated percent of uncompensated care attributable to undocumented immigrants in a PHR was computed by using a formula designed for this report's original 2008 edition, and retained for this 2010 update. Based on the regional distribution of uncompensated care and Emergency Medicaid expenditures, the Central Texas region's share of the state's uncompensated care appeared to be about 40% higher than its share of Emergency Medicaid. Therefore, we estimate that approximately 20% of uncompensated care statewide is accounted for by undocumented immigrants, compared to 14% in the Central Texas region reported in the aforementioned ICC study. In order to account for this difference statewide, the following formula was applied to each specific region. For more information, please see Analytical Notes on page 6. Estimated Statewide Uncompensated Care Attributable To Undocumented Immigrants (20%) x (Public Health Region’s Share of State Emergency Medicaid Expenditures / Public Health Region’s Share of State Uncompensated Care) = Estimated Percent of Uncompensated Care Attributed To Undocumented Immigrants in a Public Health Region HHSC, Rider 59 Report — 2010 Update - 12 - App. 0035 V – References American Hospital Association/Texas Department of State Health Services/Texas Hospital Association, 2008. Cooperative Annual Survey of Hospitals. Chicago/Austin. House Bill 1, 80th Legislature, Regular Session, General Appropriations Act, Article II, Health and Human Services, Rider 59: Report to the United States Congress on Services and Benefits Provided to Undocumented Immigrants, pp. II-86-87. Network Sciences, 2008. Community Health and Social Services Information System (CHASSIS Software™). Retrieved October 17, 2008, from http://www.netsci.net/chassis.asp. Texas Comptroller of Public Accounts, 2006. Special Report: Undocumented Immigrants in Texas, A Financial Analysis of the Impact to the State Budget and Economy. Publication #96-1224. Retrieved September 6, 2008, from http://www.window.state.tx.us/specialrpt/undocumented/undocumented.pdf. Texas Health and Human Services Commission, Medicaid Administrative Data, Austin. U.S. Department of Homeland Security, 2007. Estimates of the Unauthorized Immigrant Population Residing in the United States: January 2006, Retrieved October 21, 2008, from http://www.dhs.gov/xlibrary/assets/statistics/publications/ill_pe_2006.pdf. U.S. Department of Commerce, 2007. American Community Survey (ACS): Public Use Microdata Sample (PUMS), 2006. Washington, D.C.: U.S. Department of Commerce, Bureau of the Census. HHSC, Rider 59 Report — 2010 Update - 13 - App. 0036 Exhibit 3 to Declaration of Richard Allgeyer, Ph. D. App. 0037 REPORT ON TEXAS HEALTH AND HUMAN SERVICES COMMISSION SERVICES AND BENEFITS PROVIDED TO UNDOCUMENTED IMMIGRANTS Update to the Report Required by the 2008-09 General Appropriations Act, H.B. 1, 80th Legislature, Regular Session, 2007 (Article II, Health and Human Services Commission, Rider 59) FEBRUARY 2013 UPDATE Strategic Decision Support Financial Services Division TEXAS HEALTH AND HUMAN SERVICES COMMISSION App. 0038 Table of Contents I Background ........................................................................................................................................... 3 II Executive Data Summary................................................................................................................... 4 III Analytical Notes .................................................................................................................................. 5 IV References ........................................................................................................................................... 9 HHSC, Rider 59 Report — February 2013 Update App. 0039 -2- I – Background The 2008-09 General Appropriations Act, H.B. 1, 80th Legislature, Regular Session, 2007 (Article II, Health and Human Services Commission, Rider 59) required the Texas Health and Human Services Commission (HHSC) to report the cost of services and benefits provided by HHSC to undocumented immigrants in the state. Rider 59 also required HHSC to compile these data for each Texas public hospital district facility. This report was originally completed in 2008. Due to numerous requests for related current information, the report was updated in 2010. This report is the second update to that original report. The text of Rider 59 is included below, with the updated data and supporting documentation on subsequent pages. Rider 59 — Report to the United States Congress on Services and Benefits Provided to Undocumented Immigrants The Health and Human Services Commission shall compile a report of the cost of services and benefits provided to undocumented immigrants, with the agency determining the extent to which undocumented immigrants are served by the agency, by individual program. The agency may use a statistical method developed by the agency in cases where it is not practical for the agency to directly determine whether recipients of a service or benefit are undocumented immigrants. The Health and Human Services Commission shall also compile information on this subject from each public hospital district within the state and include this information in the report and shall not enforce Title 8 of the United States Code when compiling information on this subject. The report must be produced using aggregated statistical data that does not contain personally identifiable information. The purpose of compiling this information is to perform analysis to assist the United States Congress and this state in making future health care and budgetary decisions. Information sought for the preparation of this report may not violate any federal or state laws, including rules, regarding privacy. This report shall be provided to the United States Congress by December 1, 2008, and may be used as supporting materials by the State of Texas in requests for additional federal appropriations to assist with these costs. The Health and Human Services Commission or a public hospital district may compile and report the information required by this rider only in a manner the attorney general of this state certifies as consistent with federal law. The Health and Human Services Commission again shall submit the required report to the Lieutenant Governor, Speaker of the House of Representatives, and Members of the Legislature by December 1, 2008, and shall include the information in the agency's annual report for 2008. HHSC, Rider 59 Report — February 2013 Update App. 0040 -3- II – Executive Data Summary TEXAS HEALTH AND HUMAN SERVICES COMMISSION SERVICES AND BENEFITS PROVIDED TO UNDOCUMENTED IMMIGRANTS Estimated cost of services and benefits provided to undocumented immigrants in fiscal year (FY) 2011: (1) Texas Emergency Medicaid — $71million + (2) Texas Family Violence Program (FVP) — $1.28 million + (3) Texas Children's Health Insurance Program (CHIP) Perinatal Coverage — $35 million = $107 million Comparison of Estimates in Previous Reports and Current Estimate FY 2007 (1) Texas Emergency Medicaid (2) Texas Family Violence Program (FVP) (3) Texas Children's Health Insurance Program (CHIP) Perinatal Coverage TOTAL TEXAS HEALTH AND HUMAN SERVICES COMMISSION FY 2009 FY 2011 $ 80 million $1.2 million $ 62 million $1.3 million $ 71 million $1.28 million N/A* $ 33 million $ 35 million $ 81.2 million $ 96 million $ 107 million * Expenditures for CHIP Perinatal Coverage were not included in the original 2008 Rider 59 report since, at the time of its completion, a full year of program data was not available. HHSC, Rider 59 Report — February 2013 Update App. 0041 -4- III – Analytical Notes 1. Texas Emergency Medicaid Emergency Medicaid, Type Program 30 (TP 30), is a federal and state funded program that provides Medicaid coverage, limited to emergency medical conditions including childbirth and labor to non-citizens including undocumented immigrants, living in the United States. Emergency Medicaid is a federally required program. Three steps are necessary to estimate the cost of services and benefits that HHSC provided to undocumented immigrants: A) Determine total Emergency Medicaid (TP 30) expenditures during fiscal year 2011; B) Estimate the fraction of undocumented non-citizens during this timeframe and amounts expended on this population; and C) Calculate the state share of TP 30 expenditures for the undocumented population. During fiscal year 2011 payments for Emergency Medicaid, TP 30, were as follows: —A— Texas Emergency Medicaid, Type Program 30, Fiscal Year 2011 Inpatient hospital Outpatient hospital Professional and other services Vendor drug $299,203,323 $24,845,002 $16,591,397 $93,345 (A) Total $340,733,067 Since HHSC Medicaid claims data do not conclusively identify the legal residency status of immigrants, the portion of the $340.7 million in Emergency Medicaid payments attributable to undocumented immigrants must be estimated. According to the U.S. Census Bureau’s American Community Survey (ACS) for Texas, approximately 2.83 million non-citizens resided in Texas in 2011. The Department of Homeland Security reports that 1.79 million, or 63 percent, of these residents were undocumented. Therefore, the estimated amount paid for Emergency Medicaid services to undocumented immigrants residing in Texas is about $215 million: HHSC, Rider 59 Report — February 2013 Update App. 0042 -5- III – Analytical Notes (Continued) —B— (A) Texas Emergency Medicaid ($341 million) x Estimated Percent of Non-Citizens Who Are Undocumented Immigrants (63%) = (B1) $215 million The state shares the cost of the Medicaid program with the federal government, with Texas typically paying about 40 percent of Emergency Medicaid expenditures. However, in fiscal year 2009, due to provisions of the American Recovery and Reinvestment Act of 2009 (ARRA), the federal government temporarily increased its share of Medicaid expenditures to 68 percent, leaving the state with a 32 percent share. In fiscal year 2011, Texas’ share of Medicaid expenditures increased to 33 percent (B2). Therefore, the total estimated state cost for Emergency Medicaid services provided to undocumented immigrants residing in Texas in fiscal year 2011was about $71 million. —C— (B1) Estimated Texas Emergency Medicaid for Undocumented Immigrants Residing in Texas ($215 million) x (B2) Texas Share of Medicaid Cost under ARRA (33%) = $71 million Comparison of Estimates in Previous Reports and Current Estimate FY 2007 FY 2009 FY 2011 Inpatient hospital Outpatient hospital Professional and other services Vendor Drug (A) Sum of Expenditures (B1) Estimated amount paid for services to undocumented immigrants (B2) Texas’ share of TP 30 expenditures $252,300,000 $11,200,000 $53,700,000 $124,500 $317,324,500 $275,010,314 $13,248,238 $20,778,110 $159,096 $309,195,758 $299,203,323 $24,845,002 $16,591,396 $93,345 $340,733,067 $ 200 million 40% $ 194.8 million 32% $ 215 million 33% (C) TEXAS' SHARE OF EXPENDITURES $ 80 million $ 62 million $ 71 million HHSC, Rider 59 Report — February 2013 Update App. 0043 -6- III – Analytical Notes (Continued) 2. Texas Family Violence Program The Texas Family Violence Program (FVP) contracts with non-profit agencies in three categories (shelter centers, non-residential centers, and special non-residential projects [SNRPs]) across the state to provide essential services to victims of family violence. Core FVP services include shelter, 24-hour hotlines, emergency medical services, counseling, etc. In fiscal year 2011, the FVP funded 70 non-profit family violence shelters, 10 non-residential centers, and 16 SNRPs, providing comprehensive family violence services to victims, with a total budget of $23,682,177. State general revenue and Temporary Assistance for Needy Families (TANF) converted to Title XX accounted for about $18 million ($18,281,411) of the program’s total spending for direct services. Services are provided without any financial eligibility testing and are free of charge. The FVP does not ask victims of family violence about their residency status. Therefore, the portion of the $18 million in FVP expenditures attributable to undocumented immigrants must be estimated. According to the U.S. Census Bureau’s American Community Survey (ACS) for Texas, approximately 25.7 million individuals resided in Texas in 2011. The Department of Homeland Security reports that 1.79 million, or 7 percent, of these residents were undocumented. The total estimated state cost for direct FVP services to undocumented immigrants in fiscal year 2011 was: Texas Family Violence Program budget ($18 million) x Estimated Percent of Undocumented Immigrants in Texas (7%) = $1.28 million Comparison of Estimates in Previous Reports and Current Estimate Texas Family Violence Program budget ESTIMATED COSTS FOR DIRECT FVP SERVICES TO UNDOCUMENTED IMMIGRANTS HHSC, Rider 59 Report — February 2013 Update SFY 2007 SFY 2009 $ 16.8 million $ 19 million SFY 2011 $ 18 million $1.2 million $1.3 million $1.28 million App. 0044 -7- III – Analytical Notes (Continued) 3. Texas Children's Health Insurance Program (CHIP) Perinatal Coverage Texas CHIP Perinatal Coverage provides prenatal care to low-income women living at up to 200% of the Federal Poverty Level (FPL) who do not otherwise qualify for Medicaid, typically due to their citizenship status. Nearly all CHIP Perinatal Coverage enrollees are either documented or undocumented non-citizens. Since this program does not require citizenship documentation, there is no way to definitively report the number of undocumented immigrants served. Therefore, the portion of the $201 million in CHIP Perinatal Coverage expenditures (which represents prenatal services only) in fiscal year 2011 attributable to undocumented immigrants must be estimated. Note: CHIP Perinatal Coverage expenditures were not included in the original Rider 59 report since, at the time of its completion, a full year of program data was not available. According to the U.S. Census Bureau’s American Community Survey (ACS) for Texas, approximately 2.83 million non-citizens resided in Texas in 2011. The Department of Homeland Security reports that 1.79 million, or 63 percent, of these residents were undocumented. Therefore, this brings the estimated amount paid for Texas CHIP Perinatal Coverage services to undocumented immigrants residing in Texas for fiscal year 2011 to about $127 million: Texas CHIP Perinatal Coverage budget ($201 million) x Estimated Percent of Non-Citizens Who Are Undocumented Immigrants (63%) = $127 million The state shares the cost of the CHIP program with the federal government. Texas typically pays about 28 percent of expenditures. Therefore, the total estimated state cost for CHIP Perinatal Coverage to undocumented immigrants residing in Texas in fiscal year 2011 was about $35 million. Estimated CHIP Perinatal Coverage for Undocumented Immigrants Residing in Texas ($127 million) x Texas Share of CHIP Expenditures (28%) = $35 million Comparison of Estimates in Previous Reports and Current Estimate FY 2007 FY 2009 FY 2011 Texas CHIP Perinatal Coverage budget Estimated amount paid for services to undocumented immigrants * * $ 188 million $ 118 million $ 201 million $ 127 million Texas' share of the expenditures * $ 33 million $ 35 million * Expenditures for CHIP Perinatal Coverage were not included in the original 2008 Rider 59 report since, at the time of its completion, a full year of program data was not available. HHSC, Rider 59 Report — February 2013 Update App. 0045 -8- IV – References The 2008-09 General Appropriations Act, H.B. 1, 80th Legislature, Regular Session, 2007 (Article II, Health and Human Services Commission, Rider 59). Texas Comptroller of Public Accounts, 2006. Special Report: Undocumented Immigrants in Texas, A Financial Analysis of the Impact to the State Budget and Economy. Publication #96-1224. Retrieved September 6, 2008, from http://www.window.state.tx.us/specialrpt/undocumented/undocumented.pdf. Texas Health and Human Services Commission, Medicaid Administrative Data, Austin. U.S. Department of Homeland Security. Estimates of the Unauthorized Immigrant Population Residing in the United States: January 2011. Retrieved from: http://www.dhs.gov/xlibrary/assets/statistics/publications/ois_ill_pe_2011.pdf Date of publication: March 2012. U.S. Department of Commerce. American Community Survey (ACS); Public Use Microdata Sample (PUMS) for 2011. Washington, D.C.: U.S. Census Bureau. Date of publication: October 2012. HHSC, Rider 59 Report — February 2013 Update App. 0046 -9-

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