FROM THE PRESIDENT

Each year, hospitals and health care facilities across the United States provide treatment and health care assistance to more than 250,000 international patients. More than 25,000 of these people are cared for in Texas Medical Center institutions.

Of particular interest to the Texas Medical Center is the recent passing of legislation that relaxes the time limitations placed on international patients and attending family members who remain in the United States while receiving medical treatment. The International Patient Act, H.R. 2961, sponsored by Rep. Ken Bentsen at the request of the Texas Medical Center institutions, was passed unanimously by the U.S. House and Senate and ensures that institutions such as those in the Texas Medical Center can provide eligible immigrants with the kind of world-class health care found only in the United States. The bill has been sent to the president for his signature.

Since the enactment of the 1996 immigration reforms, many medical patient visitors have entered the United States under the Visa Waiver Pilot Program, which allows a maximum 90-day stay. After 90 days, patients and attending family members are eligible to apply for voluntary departure, which allows an additional 120-day stay. Upon completion of the additional stay, patients must request deferred action status, which allows them to stay in the United States for an extended period, but places them under illegal status.

As a result, these patients, many depending on return visits for further treatment, have been barred from entering the United States for three to 10 years. Life-saving medical attention should not be denied because treatments take too long. There need to be allowances for health care institutions, such as those located in the Texas Medical Center, to deliver their services to these patients.

Passage of the International Patient Act authorizes a three-year pilot program allowing the attorney general to waive the 120-day cap for 300 international patients and attending family members annually who enter the United States under the Visa Waiver program. It implements a tough, restrictive process for these patients to ensure that only those truly in need of long-term medical care can obtain the waiver. This legislation requires these patients to provide comprehensive statements from attending physicians detailing the treatment, and the anticipated length needed to provide it. In addition, patients are required to provide proof of ability to pay for their treatment and the daily expenses of their attending family members.

It has been a long journey to see Congressional passage of this important legislation. Three hundred annual waivers will help to address international patients who fall out of legal immigration status due to long-term health care. If this pilot program is successful, it is hoped that the number of visas granted will be substantially increased.

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©2006 Texas Medical Center

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URL: http://www.tmc.edu/tmcnews/11_01_00/page_23.html