Public Hospitals Could Be Forced to Help ICE, Or Lose Funds, If This Bill Passes in OH
Ohio hospitals may soon face a challenging decision that pits patient care against immigration enforcement. A recently proposed bill in the Ohio legislature, House Bill 281, would require hospitals receiving public funding to permit Immigration and Customs Enforcement (ICE) agents to enter their facilities to arrest individuals with valid warrants, collect evidence, or conduct interviews.
The bill, introduced by Rep. Josh Williams, a Toledo-area Republican, creates significant implications for healthcare facilities across the state. Under the proposed legislation, hospitals receiving state grant money or Medicaid reimbursements must cooperate with ICE operations or risk losing access to critical state funding.
Key Provisions of Ohio HB 281
Mandatory Access: All hospitals licensed by the Ohio Department of Health (ODH) or receiving state mental health funding must allow federal (including ICE) and state law enforcement agents into their facilities to enforce federal immigration law.
Permitted Activities:
Agents may:
- Arrest individuals with valid judicial or administrative warrants
- Conduct interviews
- Collect information or evidence
Hospital Staff Obligations: Hospital employees and contractors are required to facilitate access for these agents and provide any information or evidence the hospital possesses, as permitted by federal or state law.
Written Policy Requirement: Hospitals must adopt written policies outlining how staff should comply with the law and may designate specific staff to handle law enforcement requests.
Penalties for Non-Compliance: Hospitals that do not comply risk losing Medicaid provider agreements and state grant funding.
No Patient Immigration Status Screening: The bill does not require hospitals to proactively check or report patients’ immigration status; it only requires cooperation when law enforcement presents valid documentation.
Hospitals have traditionally been considered sensitive locations where immigration enforcement activities are limited to protect public health and ensure all patients feel safe seeking medical care. This bill would fundamentally alter that understanding in Ohio.
The financial stakes are significant. Medicaid reimbursements represent a substantial portion of many hospitals' operating budgets, particularly for safety-net hospitals serving low-income communities. Losing such funding could jeopardize their ability to provide care to vulnerable populations.
Half of Ohio is already designated as an ICE "border zone," which expands federal immigration authorities' powers within the state. However, even within these zones, immigrants retain certain rights, including the right to remain silent and to record.
The bill remains under consideration in the Ohio legislature, with hearings expected in the coming weeks. As the bill moves through the legislative process, many are advocating for solutions that protect both public safety and public health without compromising the fundamental mission of healthcare institutions.
