Congressman Bentsen Introduces Legislation Extending Visas to International Patients in U.S.

Legislation to address the time limitation placed on certain international visitors who enter the U.S. for prearranged medical treatment has been introduced in the U.S. Congress. The International Patient Relief Act addresses the life-threatening rules that prevent some international patients and family members from staying or returning to this country to receive essential medical care and necessary follow-up treatments.

"We should not let time run out for international patients who legitimately require lengthy treatments in this country," Congressman Ken Bentsen (D-TX) says. Bentsen is one of the co-sponsors of the legislation.

Many international patients who obtain prearranged care in the U.S. require long-term medical treatment and lengthy hospital stays. However, a provision in the 1996 Immigration Reform Act instituted a time limit on `voluntary departure' status that has restricted health care facilities from providing sufficient care to some patients.

"I am convinced that the reforms enacted in 1996 were not intended to target non-immigrant visitors who enter this country to receive preapproved, lifesaving medical treatment," Congressman Bentsen says. "I believe we have an obligation to protect the status of legal, international patients who owe their lives to the high-quality medical care they receive in the United States."

Congressman Bentsen's legislation includes stringent safeguards against fraud and abuse. "This legislation would require eligible patients to provide comprehensive statements from attending physicians detailing the treatment sought and their anticipated length of stay in the U.S.," Congressman Bentsen explains. "In addition, the patients would be required to provide proof of ability to pay for their treatment and the daily expenses of attending family members."

The proposed legislation would allow the Attorney General to waive the voluntary departure 120-day cap for a limited number of international patients and attending family members.

Congressman Bentsen introduced this legislation at the request of institutions in the Texas Medical Center to address problems with the law. Each year, hospitals and health care facilities across the United States provide prearranged treatment and health care assistance to more than 250,000 international patients, who come from many nations around the world. "At the Texas Medical Center, more than 25,000 international patients are seen each year," Congressman Bentsen says. "These patients come to the U.S. because of high quality health care that is the best in the world, and frequently only available here."

Since the 1996 immigration reforms were enacted, many medical patient visitors have entered the U.S. under the Visa Waiver Pilot Program, which allows a maximum 90-day stay. After 90 days, these patients and their attending family members are eligible to apply for voluntary departure, which allows an additional stay of 120 days. Upon completion of the 120 days, these individuals must request "deferred action" status, which allows them to stay in the U.S. for an extended period, but places them under illegal status. Consequently, these patients - whose lives are often dependent on return visits to the U.S. for further medical treatment - are barred from entering the U.S. from between three and 10 years.

Original co-sponsors of Bentsen's bill are Representatives Bill Archer (R-TX), Barney Frank (D-MA), Constance A. Morella (R-MD), Nick Lampson (D-TX), Anne M. Northrup (R-KY), Gene Green (D-TX), Kevin Brady (R-TX), Eddie Bernice Johnson (D-TX), Sivestre Reyes (D-TX), and Charles Gonzalez (D-TX).

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©2006 Texas Medical Center

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