Physician’s TikTok over Texas’ patient citizenship law spurs warning from governor

Texas Gov. Greg Abbott has suggested hospitals may risk losing CMS funding if they fail to comply with an executive order requiring hospitals to inquire about patients’ citizenship status. 

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Mr. Abbott took to social media platform X to share the warning, which was prompted by a viral TikTok video from Tony Pastor, MD, who said patients do not need to answer questions about their legal status in the country. Dr. Pastor is a cardiologist at Texas Children’s Hospital and assistant professor at Baylor College of Medicine, both based in Houston. 

“Hey Texas Children’s Hospital & Baylor College of Medicine, this doctor is putting your Medicaid and Medicare funding at risk,” Mr. Abbott wrote in a Nov. 24 post on X, which linked back to a San Antonio Express-News article about the physician’s Nov. 11 TikTok video, which has since been taken down. 

“You better think twice & have crystal clear records,” Mr. Abbott wrote in the post. “There will be consequences for failing to follow the law in the Executive Order.”

In the Nov. 11 TikTok, which had garnered more than 1.2 million views before being taken down Nov.  26, Dr. Pastor said, “We were told today that people do not actually have to answer the question … So my proposal to everyone who’s seeing this is, just know that you do not have to answer this question.” 

As part of an executive order that took effect Nov. 1, Texas hospitals are required to include a question on patient intake forms asking about their citizenship status. Patients are not legally bound to answer the question. Healthcare providers, advocacy groups and health districts have reiterated that patients are not required by law to answer the question, and that their answer will not affect their care. 

Texas Children’s shared a statement Nov. 25, saying they support and are in compliance with Mr. Abbott’s executive order:

“We have worked closely with the Texas Hospital Association and our industry partners across the state to ensure compliance in advance of the effective date. While we recognize that individuals working at Texas Children’s hold their own personal views on many topics, those opinions do not necessarily reflect the official position of Texas Children’s Hospital. We will continue to prioritize patient care while ensuring we are in full compliance with all laws and legal directives.”

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